HOUSE OF REPRESENTATIVES

H.B. NO.

786

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to government records.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  In Molfino v. Yuen, Civ. No. 07-1-0378, 2014 (Haw. Sup. Ct. Nov. 13, 2014), the supreme court of the state of Hawaii upheld a circuit court ruling that, absent a statutory requirement, a government agency does not have a duty of reasonable care with respect to maintaining government records for the purpose of public inspection.  The purpose of this Act is to amend chapter 92F, Hawaii Revised Statutes, to create a statutory requirement that government agencies exercise reasonable care in maintaining those government records open to public inspection.

     SECTION 2.  Section 92F-18, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Each agency shall:

     (1)  Exercise reasonable care in the maintenance of all government records under its control that are required by this chapter to be available for public inspection;

    [(1)] (2)  Issue instructions and guidelines necessary to effectuate this chapter; and

    [(2)] (3)  Take steps to assure that all its employees and officers responsible for the collection, maintenance, use, and dissemination of government records are informed of the requirements of this chapter."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Government Records; Maintenance; Duty to Exercise Reasonable Care; Public Inspection

 

Description:

Requires agencies to exercise reasonable care in the maintenance of all government records under its control that are required to be made available for public inspection.

 

 

 

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