HB2219 • 2026

RELATING TO DISCLOSURE OF ATTORNEY-CLIENT AND ATTORNEY WORK-PRODUCT PRIVILEGED COMMUNICATIONS TO THE OMBUDSMAN.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: HOLT, CHUN, HUSSEY, ILAGAN, KAHALOA, KEOHOKAPU-LEE LOY, KILA, KUSCH, MIYAKE, OLDS, POEPOE, TAKENOUCHI
Last action: 2026-02-20
Official status: Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Quinlan excused (1).
Effective date: Not listed

Plain English Breakdown

The effective date of July 1, 3000, is likely a placeholder and may change before the bill becomes law.

Rules about Keeping Private Talks Secret

This bill ensures that when an agency shares private lawyer-client conversations with the Ombudsman, these communications remain confidential.

What This Bill Does

Adds rules stating that sharing attorney-client or work-product privileged communications between an agency and the Ombudsman does not waive any existing privileges for those communications.
Prohibits the Ombudsman from disclosing such privileged communications to others.

Who It Names or Affects

Agencies that share private conversations with their lawyers
The Ombudsman who receives these communications

Terms To Know

Ombudsman: A person or office that investigates complaints and issues related to government agencies.
Attorney-client privilege: The rule protecting private conversations between a lawyer and their client from being disclosed to others.

Limits and Unknowns

This bill only addresses the handling of privileged communications by the Ombudsman.
It does not change other confidentiality rules or how the Ombudsman conducts investigations otherwise.
The effective date is set for July 1, 3000, which appears to be a placeholder.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: This amendment ensures that when an agency shares confidential communications with the Ombudsman, these communications remain protected from being shared with others.

Adds a new section (c) to Section 96-9 of Hawaii Revised Statutes, stating that disclosing attorney-client or work-product privileged communications to the Ombudsman does not waive the privilege for other parties.
Requires the Ombudsman to keep these privileged communications confidential and not share them with anyone else.

The amendment specifies an effective date of July 1, 3000, which seems unusual and may be a placeholder or error in the text.

Bill History

2026-02-20 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Quinlan excused (1).
2026-02-20 H
Reported from LMG (Stand. Com. Rep. No. 610-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
2026-02-18 H
The committee on LMG recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 5 Ayes: Representative(s) Quinlan, Ichiyama, Kahaloa, Morikawa, Matsumoto; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.
2026-02-13 H
Bill scheduled to be heard by LMG on Wednesday, 02-18-26 2:00PM in House conference room 430 VIA VIDEOCONFERENCE.
2026-02-08 H
This measure has been deleted from the meeting scheduled on Monday 02-09-26 2:00PM in conference room 430 VIA VIDEOCONFERENCE.
2026-02-04 H
Bill scheduled to be heard by LMG on Monday, 02-09-26 2:00PM in House conference room 430 VIA VIDEOCONFERENCE.
2026-01-30 H
Referred to LMG, JHA, referral sheet 5
2026-01-28 H
Introduced and Pass First Reading.
2026-01-26 H
Pending introduction.

Official Summary Text

RELATING TO DISCLOSURE OF ATTORNEY-CLIENT AND ATTORNEY WORK-PRODUCT PRIVILEGED COMMUNICATIONS TO THE OMBUDSMAN.
Agency Communications; Disclosure; Attorney-Client Privilege; Attorney Work-Product Privilege
Specifies that disclosure of communications by an agency to the Ombudsman does not waive any existing attorney-client or attorney work-product privilege pertaining to those communications. Prohibits the Ombudsman from disclosing privileged communications to others. Effective 7/1/3000. (HD1)

Current Bill Text

Read the full stored bill text

HB2219

HOUSE OF REPRESENTATIVES

H.B. NO.

2219

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to disclosure of attorney-client and attorney work-product privileged
communications to the ombudsman
.

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

����
SECTION
1
.
�
Section 96-9, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�96-9
�

Investigation procedures.
�

(a)
�
In an investigation, the
ombudsman may make inquiries and obtain information as the ombudsman thinks
fit, enter without notice to inspect the premises of an agency, and hold
private hearings.

����
(b)
�
The ombudsman is required to maintain secrecy
in respect to all matters and the identities of the complainants or witnesses
coming before the ombudsman except so far as disclosures may be necessary to
enable the ombudsman to carry out the ombudsman's duties and to support the
ombudsman's recommendations.

����
(c)
�
Disclosure by an agency to the ombudsman
under this chapter of a communication that is subject to attorney-client
privilege or attorney work-product privilege shall not waive the privilege as
to any other person.
�
The ombudsman shall
not disclose to any other person a privileged communication provided under this
subsection.
"

����
SECTION 2.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

����
SECTION
3.
�
New statutory material is
underscored.

����
SECTION 4.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Agency
Communications; Disclosure; Attorney-Client Privilege; Attorney Work-Product
Privilege

Description:

Specifies
that disclosure of communications by an agency to the ombudsman does not waive
any existing attorney-client or attorney work-product privilege pertaining to
those communications.
�
Prohibits the ombudsman
from disclosing privileged communications to others.

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