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HB1521
HOUSE OF REPRESENTATIVES
H.B. NO.
1521
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to government contracts
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The legislature finds that transparency and
accountability in government operations are fundamental to public trust.
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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.
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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.
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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.
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SECTION 2.
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Chapter 92F, Hawaii Revised Statutes, is
amended by adding a new section to part II to be appropriately designated and
to read as follows:
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�92F-
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Government contracts.
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(a)
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A contract with an agency to perform a government function shall require
the contractor to:
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(1)
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Retain all
records related to the performance of that function, following the agency's
records retention schedule; and
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(2)
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Provide the
agency with access to those records upon request.
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(b)
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All records retained by a contractor pursuant
to this section shall be deemed government records for purposes of this part.
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SECTION 3.
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Section 92F-3, Hawaii Revised Statutes, is
amended by adding a new definition to be appropriately inserted and to read as
follows:
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"Government function"
means a service, program, or activity that an agency is authorized or required
by law to perform.
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SECTION 4.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
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SECTION 5.
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New statutory material is underscored.
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SECTION 6.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
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.