SB 1255 Hawaii Senate · 2025 Regular Session

RELATING TO GOVERNMENT RECORDS.

Summary

Amends the Uniform Information Practices Act to require each contract to perform a government function to expressly require the contractor to retain records in accordance with the retention schedule of the agency and provide the agency with access to all records subject to the Uniform Information Practices Act; define "government function" and "trade secret"; clarify that "government record" includes information that is created, received, maintained, or used by a private person in performance of a government function contract; and prohibit agencies from denying a request for access to records of a contractor used in the performance of a government function on the basis of trade secret or other proprietary information. Effective 1/1/2491. (SD1)

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2025

Committee Review

Floor Vote

Governor

Introduced Jan 21, 2025 Last action Feb 26, 2025

Maddy AI version diff · 1 comparison

What changed between versions

SB1255 → SB1255_SD1 · 5 edits

MODERATE

This bill expands public records transparency by requiring private contractors performing government functions to retain records and grant public access, preventing agencies from bypassing transparency laws through outsourcing. It clarifies that records created or used by contractors in government work are subject to public records laws and prohibits denial of access based on trade secrets for these records.

Scope change

Expanded scope to include private contractors performing government functions under the Uniform Information Practices Act, previously limited to public agencies.

REQUIREMENT

Added requirement for government function outsourcing contracts to include provisions ensuring contractors comply with public records disclosure laws and maintain records according to agency retention schedules.

Added requirement for agencies to publish lists of all government function outsourcing contracts on their websites with details about contracted services and records subject to disclosure.

DEFINITION

Modified definition of 'government record' to explicitly include information created, received, maintained, or used by private persons performing government function contracts.

ENFORCEMENT

Added provision prohibiting contractors from denying public access to government records on trade secret or proprietary information grounds, except where specifically protected by law.

TIMELINE

Added requirement for agencies to submit annual reports to the legislature regarding government function outsourcing contracts and access requests.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 18, 2025

Upper · Passed

The committee(s) on JDC will hold a public decision making on 02-21-25 10:20AM; Conference Room 016 & Videoconference.

upper

Feb 12, 2025

Committee

Reported from GVO (Stand. Com. Rep. No. 321) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.

upper

Feb 6, 2025

Upper · Passed

The committee(s) on GVO recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in GVO were as follows: 5 Aye(s): Senator(s) McKelvey, Gabbard, Moriwaki, San Buenaventura, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

upper

Jan 31, 2025

Upper · Passed

The committee(s) on GVO has scheduled a public hearing on 02-04-25 3:05PM; Conference Room 225 & Videoconference.

upper

Jan 27, 2025

Committee

Referred to GVO, JDC.

upper

Jan 23, 2025

Introduced

Introduced and passed First Reading.

upper

Jan 21, 2025

Introduced

Pending Introduction.

upper

6 primary · 1 co-sponsor