SB 2312: UIPA; Agency Function Contracts; Contractors; Record Retention and Access Requirements; Government Records; Exceptions

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 the State'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-    Agency function contracts.  (a)  Each 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 the purposes of this part.

     (c)  This section shall not apply to contracts entered into by the employees' retirement system."

     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; Agency Function Contracts; Contractors; Record Retention and Access Requirements; Government Records; Exceptions

Description:

Amends the Uniform Information Practices Act (UIPA) to require contractors who perform agency functions to retain records following the retention schedule of the agency and to provide the agency access to the records upon request.  Establishes that all records retained by an agency function contractor shall be deemed government records for the purposes of the UIPA.  Exempts contracts entered into by the Employees' Retirement System.  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 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, or more commonly known as the State'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 agency functions on behalf of public agencies are subject to the State's 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-    Agency function contracts.  (a)  Each 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 the purposes of this part.

     (c)  This section shall not apply to contracts entered into by the employees' retirement system."

     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 January 1, 2525.

Report Title:

UIPA; Agency Function Contracts; Contractors; Record Retention and Access Requirements; Government Records; Exceptions

Description:

Amends the Uniform Information Practices Act (UIPA) to require the contracted party of each contract to perform an agency function to retain records following the retention schedule of the agency and to provide the agency access to the records upon request.  Establishes that all records retained by an agency function contractor shall be deemed government records for the purposes of the UIPA.  Exempts contracts entered into by the Employees' Retirement System.  Effective 1/1/2525.  (SD1)

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. 2995

Honolulu, Hawaii

RE:     S.B. No. 2312

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2312, S.D. 1, entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to clarify that records created, received, maintained, or used by private contractors performing government functions on behalf of public agencies are subject to the State's Uniform Information Practices Act.

     Your Committee received testimony in support of this measure from the League of Women Voters of Hawaii, Hawaii Professional Chapter of the Society of Professional Journalists, Grassroot Institute of Hawaii, Public First Law Center, and one individual.

     Your Committee received testimony in opposition to this measure from the Office of the Governor; Department of the Attorney General; Department of Human Resources Development; Department of Corrections and Rehabilitation; Department of Health; Department of Defense; Department of Commerce and Consumer Affairs; Department of Labor and Industrial Relations; Department of Hawaiian Home Lands; Department of Land and Natural Resources; Department of Transportation; Department of Budget and Finance; Department of Education; Department of Accounting and General Services; Department of Taxation; Department of Business, Economic Development and Tourism; Department of Law Enforcement; Department of Agriculture and Biosecurity; Hawaii Public Housing Authority; State Procurement Office; Campaign Spending Commission; Hawaiʻi School Facilities Authority; University of Hawaii System; Hawaii Health Systems Corporation; and Department of Customer Services of the City and County of Honolulu.

     Your Committee received comments on this measure from the Department of Human Services and Office of Information Practices.

     Your Committee finds that the public's trust is dependent on transparency and accountability in government operations.  Your Committee further finds that there is a loophole in the State's Uniform Information Practices Act that allows agencies to evade transparency requirements for records that are related to work carried out by private contractors under a government contract, therefore stripping the public of their right to access these records.  This measure reaffirms the public's trust in government operations by closing this loophole and ensuring an open and transparent government.

     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. 2312, S.D. 1, and recommends that it pass Third Reading.

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

STAND. COM. REP. NO. 2409

Honolulu, Hawaii

RE:     S.B. No. 2312

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Government Operations, to which was referred S.B. No. 2312 entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to clarify that records created, received, maintained, or used by private contractors performing government functions on behalf of public agencies are subject to the State's Uniform Information Practices Act.

     Your Committee received testimony in support of this measure from Public First Law Center, All Hawaii News, Grassroot Institute of Hawaii, and two individuals.

     Your Committee received testimony in opposition to this measure from the Department of the Attorney General.

     Your Committee received comments on this measure from the Department of Human Services, State Procurement Office, Employees' Retirement System, Office of Information Practices, and League of Women Voters of Hawaii.

     Your Committee finds that transparency and accountability in government operations are fundamental to public trust.  Your Committee further finds that the State's Uniform Information Practices Act (UIPA), which requires government agencies to maintain, and allow the public to access government records, plays a critical role in ensuring an open and transparent government.  Your Committee notes, however, that these obligations may be circumvented through the outsourcing of government functions to private contractors that are not subject to the UIPA.  This measure closes a loophole in existing law to ensure the public's right to government transparency and accountability.

     Your Committee notes the concerns expressed by the Department of the Attorney General that the requirements in the measure as introduced are overly burdensome and would discourage contractors from bidding on state projects; raise practical and legal concerns relating to government agencies' record retention and disclosure responsibilities, including complying with the ten-day response deadline for information requests from the public; and are unnecessary.  Accordingly, your Committee respectfully requests that subsequent Committees to which this measure is referred consider these issues.

     Your Committee has amended this measure by:

     (1)  Replacing the phrase "government function" with "agency function" to avoid conflation of their distinct meanings;

     (2)  Inserting language exempting the Employees' Retirement System from the requirements of this measure to allow the system to continue expediently performing its fiduciary duties while maintaining transparency;

     (3)  Inserting an effective date of January 1, 2525, to encourage further discussion; and

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

     As affirmed by the record of votes of the members of your Committee on Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2312, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2312, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Government Operations,