HI HB2158

Establishes a statutory duty requiring all units of government in Hawaii and their political subdivisions to exercise reasonable care in maintaining government records that are required to be open for public inspection under Chapter 92F.

Mandates that government agencies issue instructions and guidelines to implement this duty and ensure all employees and officers responsible for records are informed of these requirements.

Creates a rebuttable presumption that an agency exercised reasonable care if it adheres to a duly adopted records retention and destruction plan, which can be used as a defense in legal actions.

Responds to the Hawaii Supreme Court's 2014 decision in Molfino v. Yuen that found government agencies had no duty of reasonable care for maintaining public records absent a statutory requirement.

Takes effect July 1, 2016.