STAND. COM. REP. NO.  1097


Honolulu, Hawaii

                , 2015


RE:   S.B. No. 140

      H.D. 1





Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii




     Your Committee on Judiciary, to which was referred S.B. No. 140 entitled:




begs leave to report as follows:


     The purpose of this measure is to require agencies to exercise reasonable care in the maintenance of all government records under their control that are required to be made available for public inspection.


     The Corporation Counsel of the City and County of Honolulu testified in opposition to this measure.  The Office of Information Practices provided comments and proposed amendments.


     Your Committee has amended this measure by:


(1)  Deleting the amendment to section 92F-18, Hawaii Revised Statutes, and instead adding a new section in Chapter 94, Hawaii Revised Statutes, to establish the duty to exercise reasonable care in maintaining records;


(2)  Creating a rebuttable presumption that the government entity has exercised reasonable care in its maintenance of government records if it adheres to a duly adopted the records retention and destruction plan; and


(3)  Changing the effective date to July 1, 2016.


     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 140, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 140, H.D. 1, and be referred to the Committee on Finance.


Respectfully submitted on behalf of the members of the Committee on Judiciary,