STAND. COM. REP. NO. 2547

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2294

       S.D. 2

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

 

Sir:

 

     Your Committee on Ways and Means, to which was referred S.B. No. 2294, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO GOVERNMENT RECORDS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to require state and county agencies to exercise reasonable care in the maintenance of government records that are subject to public inspection.

 

     Your Committee received written comments in support of this measure from the Office of Information Practices and the Aina Haina Community Association.

 

     Your Committee received written comments in opposition to this measure from the Department of the Corporation Counsel of the City and County of Honolulu.

 

     Your Committee finds that this measure will permit tort claims of negligence against state and county agencies for failing to adhere to a duly adopted records and retention and destruction policy.  Your Committee further finds that existing retention and destruction policies may need to be revised to meet the statutory duty imposed under this measure.

 

     Accordingly, your Committee has amended this measure by changing the effective date from upon approval to July 1, 2017, to allow affected agencies sufficient time for compliance with the measure.

 

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2294, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2294, S.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

 

 

 

________________________________

JILL N. TOKUDA, Chair