SB2312 • 2026

RELATING TO GOVERNMENT CONTRACTS.

Labor

Active

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

Sponsor: RHOADS, CHANG, FUKUNAGA, GABBARD, KIDANI, MORIWAKI, Ihara, San Buenaventura
Last action: 2026-03-25
Official status: Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with Representative(s) Shimizu voting aye with reservations; none voting no (0) and Representative(s) Matsumoto, Perruso excused (2).
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

RELATING TO GOVERNMENT CONTRACTS.

What This Bill Does

RELATING TO GOVERNMENT CONTRACTS.
UIPA; Agency Function Contracts; Contractors; Record Retention and Access Requirements; Government Records; Exceptions 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.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

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

HD1

Hawaii published version HD1

Plain English: SB2312 HD1 THE SENATE S.B.

SB2312 HD1 THE SENATE S.B.
NO.
2312 THIRTY-THIRD LEGISLATURE, 2026 S.D.
1 STATE OF HAWAII H.D.

SD1

Hawaii published version SD1

Plain English: SB2312 SD1 THE SENATE S.B.

SB2312 SD1 THE SENATE S.B.
NO.
2312 THIRTY-THIRD LEGISLATURE, 2026 S.D.
1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO GOVERNMENT CONTRACTS .

Bill History

2026-03-25 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with Representative(s) Shimizu voting aye with reservations; none voting no (0) and Representative(s) Matsumoto, Perruso excused (2).
2026-03-25 H
Reported from JHA (Stand. Com. Rep. No. 1411-26) as amended in HD 1, recommending passage on Second Reading and referral to FIN.
2026-03-17 H
The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Cochran, Hashem, Kahaloa, Sayama, Takayama, Garcia; Ayes with reservations: none; 1 Noes: Representative(s) Shimizu; and Excused: none.
2026-03-12 H
Bill scheduled to be heard by JHA on Tuesday, 03-17-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
2026-03-12 H
Referred to JHA, FIN, referral sheet 17
2026-03-12 H
Pass First Reading
2026-03-10 H
Received from Senate (Sen. Com. No. 207) in amended form (SD 1).
2026-03-10 S
Report adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.
2026-03-06 S
One Day Notice 03-10-26.
2026-03-06 S
Reported from JDC (Stand. Com. Rep. No. 2995) with recommendation of passage on Third Reading.
2026-02-27 S
The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
2026-02-23 S
The committee(s) on JDC will hold a public decision making on 02-27-26 10:30AM; Conference Room 016 & Videoconference.
2026-02-19 S
Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.
2026-02-19 S
Reported from GVO (Stand. Com. Rep. No. 2409) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.
2026-02-05 S
The committee(s) on GVO recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in GVO were as follows: 4 Aye(s): Senator(s) McKelvey, Gabbard, Moriwaki, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Hashimoto.
2026-02-03 S
The committee(s) on GVO deferred the measure until 02-05-26 3:00PM; Conference Room 225 & Videoconference.
2026-01-30 S
The committee(s) on GVO has scheduled a public hearing on 02-03-26 3:00PM; Conference Room 225 & Videoconference.
2026-01-26 S
Referred to GVO, JDC.
2026-01-21 S
Introduced and passed First Reading.
2026-01-15 S
Pending Introduction.

Official Summary Text

RELATING TO GOVERNMENT CONTRACTS.
UIPA; Agency Function Contracts; Contractors; Record Retention and Access Requirements; Government Records; Exceptions
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)

Current Bill Text

Read the full stored bill text

SB2312

THE SENATE

S.B. NO.

2312

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:

����
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:

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(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.

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(b)
�
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.
�
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.
�
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.
�
New statutory material is underscored.

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SECTION 6.
�
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.