SB 1255 Hawaii Senate · 2026 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 passed 3 of 5 stages cleared

Introduction

Jan 2025

Committee Review

Feb 2025

Senate Passage

Feb 2025

House Passage

Governor

Introduced Jan 21, 2025 Last action Dec 8, 2025

Maddy AI version diff · 1 comparison

What changed between versions

SB1255 → SB1255_SD1 · 5 edits

MODERATE

This bill simplifies the rules for government records held by private contractors, removing complex requirements for annual reporting and contract termination clauses while adding a new definition for 'government function.' It also updates the effective date to January 1, 2491, and clarifies that records used by contractors performing government duties are subject to public disclosure laws.

Scope change

The bill's scope was narrowed by removing the requirement for agencies to include specific recordkeeping and termination clauses in every outsourcing contract, shifting the focus to a general requirement that all government function contracts include record retention and access provisions.

REQUIREMENT

Removed the requirement for government function outsourcing contracts to include specific provisions for record compliance, termination upon violation, and annual reporting to the legislature.

Modified the statutory requirement for contracts to perform a government function to expressly require contractors to retain records and provide access to the agency.

DEFINITION

Added a new definition for 'government function' to clarify which services are subject to the public records law.

ENFORCEMENT

Removed the provision establishing civil penalties of up to $10,000 for contractors who violate recordkeeping requirements.

TIMELINE

Changed the effective date of the Act from July 1, 2025, to January 1, 2491.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

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

Upper · Passed

Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.

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