Bill Text: HI SB1255 | 2025 | Regular Session | Introduced

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Bill Title: Relating To Government Records.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced) 2025-01-23 - Introduced and passed First Reading. [SB1255 Detail]

Download: Hawaii-2025-SB1255-Introduced.html

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THE SENATE	S.B. NO.	1255
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII

A BILL FOR AN ACT

 

 

Relating to Government Records.

 

 

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 Hawaii's public records law, the Uniform Information Practices Act (UIPA).

     The purpose of this Act is to clarify that records created, received, maintained, or used by private contractors performing governmental functions on behalf of public agencies are subject to the UIPA.

     SECTION 2.  Chapter 92F, Hawaii Revised Statutes, is amended by adding two new sections to part II to be appropriately designated and to read as follows:

     "§92F-A  Government Function Outsourcing Contracts; requirements.  (a)  All government function outsourcing contracts shall include provisions that require:

     (1)  The contractor to:

          (A)  Comply with the government record disclosure requirements of this chapter;

          (B)  Maintain government records in accordance with retention schedules established under state law; and

          (C)  Designate a custodian of government records responsible for responding to requests for access to government records; and

     (2)  The contract to be terminated upon the determination of the office of information practices that the contractor violated the recordkeeping and disclosure requirements under this chapter.

     (b)  Any agency that enters into a government function outsourcing contract shall:

     (1)  Be responsible for ensuring compliance with this chapter by the agency and contractor, which shall include but not be limited to providing oversight of the contractor's recordkeeping and responses to requests for access to government records; and

     (2)  Make available on the agency's website a list of all government function outsourcing contracts entered into by the agency with an outline of the nature of services contracted and the government records subject to disclosure pursuant to this part.

     (c)  No contractor shall deny a request for access to government records on the basis of trade secret or other proprietary information except where specifically protected by law, as determined by the office of information practices.

     (d)  Each public agency that enters into a government function outsourcing contract shall submit an annual report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of each regular session, beginning with the regular session of 2026.  The reports shall include:

     (1)  All government function outsourcing contracts entered into by the agency during the preceding year;

     (2)  The type and volume of each of the government records created, received, maintained, or used by contractors; and

     (3)  A list of requests for access to government records received by the agency and contractor for contractor-held government records and their resolutions.

     (e)  For the purposes of this section:

     "Contractor" means a private person that enters into a government function outsourcing contract with an agency.

     "Government function" means a service, program, or activity that an agency is authorized or required by law to perform.

     "Government function outsourcing contract" means a contract or other agreement under which an agency delegates performance of a government function to a private person.

     "Trade secret" has the same meaning as defined in section 482B-2."

     §92F-B  Civil penalties.  (a)  Any contractor who violates the recordkeeping and disclosure requirements of this chapter as determined by the office of information practices, shall be subject to a civil penalty not to exceed $10,000 for each violation, and the government function outsourcing contract shall be terminated.

     (b)  For the purposes of this section:

     "Contractor" has the same meaning as defined in section 92F-A.

     "Government function outsourcing contract" has the same meaning as defined in section 92F-A."

     SECTION 3.  Section 92F-3, Hawaii Revised Statutes, is amended by amending the definition of "government record" to read as follows:

     "Government record" means information maintained by an agency in written, auditory, visual, electronic, or other physical form.  "Government record" includes any information in written, auditory, visual, electronic, or other physical form that is created, received, maintained, or used by a private person in performance of a contract or other agreement with an agency, under which the agency delegates performance of a government function to the private person."

     SECTION 4.  Section 92F-42, Hawaii Revised Statutes, is amended to read as follows:

     "§92F-42  Powers and duties of the office of information practices.  The director of the office of information practices:

     (1)  Shall, upon request, review and rule on an agency denial of access to information or records, or an agency's granting of access; provided that any review by the office of information practices shall not be a contested case under chapter 91 and shall be optional and without prejudice to rights of judicial enforcement available under this chapter;

     (2)  Upon request by an agency, shall provide and make public advisory guidelines, opinions, or other information concerning that agency's functions and responsibilities;

     (3)  Upon request by any person, may provide advisory opinions or other information regarding that person's rights and the functions and responsibilities of agencies under this chapter;

     (4)  May conduct inquiries regarding compliance by an agency and investigate possible violations by any agency;

     (5)  May examine the records of any agency for the purpose of paragraphs (4) and (18) and seek to enforce that power in the courts of this State;

     (6)  May recommend disciplinary action to appropriate officers of an agency;

     (7)  Shall report annually to the governor and the state legislature on the activities and findings of the office of information practices, including recommendations for legislative changes;

     (8)  Shall receive complaints from and actively solicit the comments of the public regarding the implementation of this chapter;

     (9)  Shall review the official acts, records, policies, and procedures of each agency;

    (10)  Shall assist agencies in complying with the provisions of this chapter;

    (11)  Shall inform the public of the following rights of an individual and the procedures for exercising them:

          (A)  The right of access to records pertaining to the individual;

          (B)  The right to obtain a copy of records pertaining to the individual;

          (C)  The right to know the purposes for which records pertaining to the individual are kept;

          (D)  The right to be informed of the uses and disclosures of records pertaining to the individual;

          (E)  The right to correct or amend records pertaining to the individual; and

          (F)  The individual's right to place a statement in a record pertaining to that individual;

    (12)  Shall adopt rules that set forth an administrative appeals structure which provides for:

          (A)  Agency procedures for processing records requests;

          (B)  A direct appeal from the division maintaining the record; and

          (C)  Time limits for action by agencies;

    (13)  Shall adopt rules that set forth the fees and other charges that may be imposed for searching, reviewing, or segregating disclosable records, as well as to provide for a waiver of fees when the public interest would be served;

    (14)  Shall adopt rules which set forth uniform standards for the records collection practices of agencies;

    (15)  Shall adopt rules that set forth uniform standards for disclosure of records for research purposes;

    (16)  Shall have standing to appear in cases where the provisions of this chapter or part I of chapter 92 are called into question;

    (17)  Shall adopt, amend, or repeal rules pursuant to chapter 91 necessary for the purposes of this chapter; [and]

    (18)  Shall take action to oversee compliance with part I of chapter 92 by all state and county boards including:

          (A)  Receiving and resolving complaints;

          (B)  Advising all government boards and the public about compliance with chapter 92; and

          (C)  Reporting each year to the legislature on all complaints received pursuant to section 92-1.5[.];

    (19)  May conduct inquiries regarding compliance by a contractor and investigate possible violations of this chapter; and

    (20)  Shall, upon request, review and rule on whether a contractor violated any recordkeeping or disclosure requirements of this chapter.

     For the purposes of this section, "contractor" has the same meaning as defined in section 92F-A."

     SECTION 5.  In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 7.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect July 1, 2025.

 

INTRODUCED BY:	_____________________________

 

 

 

Report Title:

OIP; UIPA; Transparency; Government Records; Government Function Outsourcing Contracts; Contractors; Disclosure; Recordkeeping; Civil Penalty; Reports

 

Description:

Clarifies that government records subject to disclosure requirements under the Uniform Information Practices Act include information that is created, received, maintained, or used by private contractors in performance of a government function outsourcing contract.  Establishes requirements for parties to government function outsourcing contracts.  Establishes civil penalties.  Requires reports to the Legislature.  Allows the Office of Information Practices to conduct inquiries regarding compliance by a private contractor and investigate possible violations.

 

 

 

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