HB 1521: UIPA; Government Contracts; Contractors; Public Records

A BILL FOR AN ACT

RELATING TO GOVERNMENT CONTRACTS.

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

     SECTION 1.  The legislature finds that transparency and accountability in government operations are fundamental to public trust.  The legislature also finds that public agencies in the State increasingly rely on private contractors to perform agency functions, including creating, maintaining, or using records critical to public oversight.  The legislature believes it is critical to prevent the circumvention of public agencies' transparency obligations through the outsourcing of their agency functions by ensuring that these records remain accessible under chapter 92F, Hawaii Revised Statutes, commonly known as Hawaii's Uniform Information Practices Act.

     Accordingly, the purpose of this Act is to:

     (1)  Require contractors performing an agency function to retain records related to the performance of that function and provide agencies with access to those records; and

     (2)  Deem the records to be government records under the Uniform Information Practices Act.

     SECTION 2.  Chapter 92F, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§92F-     Government contracts.  (a)  A contract with an agency to perform an agency function shall require the contractor to:

     (1)  Retain all records related to the performance of that function, following the agency's records retention schedule; and

     (2)  Provide the agency with access to those records upon request.

     (b)  All records retained by a contractor pursuant to this section shall be deemed government records for purposes of this part."

     SECTION 3.  Section 92F-3, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Agency function" means a service, program, or activity that an agency is authorized or required by law to perform."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000.

Report Title:

UIPA; Government Contracts; Contractors; Public Records

Description:

Requires contractors performing an agency function to retain records related to the performance of that function and provide agencies with access to those records.  Deems the records to be government records under the Uniform Information Practices Act.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to government contracts.

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

     SECTION 1.  The legislature finds that transparency and accountability in government operations are fundamental to public trust.  The legislature also finds that public agencies in the State increasingly rely on private contractors to perform government functions, including creating, maintaining, or using records critical to public oversight.  The legislature believes it is critical to prevent the circumvention of public agencies' transparency obligations through the outsourcing of their government functions by ensuring that these records remain accessible under chapter 92F, Hawaii Revised Statutes, or more commonly known as Hawaii's Uniform Information Practices Act.

     Accordingly, the purpose of this Act is to clarify that records created, received, maintained, or used by private contractors performing government functions on behalf of public agencies are subject to Hawaii's public records law.

     SECTION 2.  Chapter 92F, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§92F-     Government contracts.  (a)  A contract with an agency to perform a government function shall require the contractor to:

     (1)  Retain all records related to the performance of that function, following the agency's records retention schedule; and

     (2)  Provide the agency with access to those records upon request.

     (b)  All records retained by a contractor pursuant to this section shall be deemed government records for purposes of this part."

     SECTION 3.  Section 92F-3, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Government function" means a service, program, or activity that an agency is authorized or required by law to perform."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

Government Contracts; Contractors; Public Records

Description:

Clarifies that records created, received, maintained, or used by private contractors performing government functions on behalf of public agencies shall be subject to the Uniform Information Practices Act.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  101-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1521

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1521 entitled:

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

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Require contractors performing a government function to retain records related to the performance of that function and provide agencies with access to those records; and

     (2)  Deem the records to be government records under the Uniform Information Practices Act.

     Your Committee received testimony in support of this measure from the League of Women Voters of Hawaii; Public First Law Center; All Hawaii News; and Grassroot Institute of Hawaii.  Your Committee received testimony in opposition to this measure from the Department of the Attorney General; Hale Kipa; and Adult Friends for Youth.  Your Committee received comments on this measure from the Department of Human Services; Employees' Retirement System; State Procurement Office; Office of Information Practices; and Office of Youth Services.

     Your Committee finds that public agencies increasingly rely on private contractors to perform agency functions and that records related to those functions are essential for transparency and accountability.  Your Committee further finds that clarifying the application of the Uniform Information Practices Act to contractor records will prevent the circumvention of public records laws through outsourcing, thereby promoting open government and strengthening public trust in state operations.

     Your Committee has amended this measure by:

     (1)  Changing the term "government function" to "agency function";

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     Your Committee notes that the term "agency function" is used in lieu of "government function" to describe the scope of contractor activities covered by the record-retention and access requirements.  Your Committee further notes that "agency function" is not intended to be synonymous with "government function" as that term appears elsewhere in the Uniform Information Practices Act.

     Your Committee respectfully requests your Committee on Finance, should it deliberate on this measure, to consider the concerns raised by the Department of Human Services, Office of Youth Services, and Hale Kipa regarding the additional costs for contracted agencies that could result from the implementation of this measure.  Your Committee further requests consideration of the Employees' Retirement System's concerns that any application of public records requirements to contractors be carefully tailored to preserve necessary confidentiality protections for sensitive and proprietary information.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1521, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1521, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,