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Maintain transparency, apply sunshine law to contractors

The following testimony was submitted by the Grassroot Institute of Hawaii for consideration by the Senate Committee on Judiciary on Feb. 27, 2026.
_____________

Feb. 27, 2026, 10:30 a.m.
Hawaii State Capitol
Conference Room 016 and Videoconference

To: Senate Committee on Judiciary
       Sen. Karl Rhoads, Chair
       Sen. Mike Gabbard, Vice-Chair

From: Grassroot Institute of Hawaii
            Ted Kefalas, Director of Strategic Campaigns

RE: TESTIMONY IN SUPPORT OF SB2312 SD1 — RELATING TO GOVERNMENT CONTRACTS

Aloha Chair, Vice Chair and other Committee members,

The Grassroot Institute of Hawaii supports SB2312 SD1, which would clarify state law regarding government contracting. This bill would require that private contractors performing an agency function must retain all records related to that function and provide the agency with access to those records on request. It also states that such records are deemed government records, which would make them subject to the Uniform Information Practices Act. 

We applaud this effort to eliminate a loophole that could allow an agency to evade transparency requirements for records that are related to work carried out by private entities under a government contract.

The intent of sunshine laws is to provide public access to government decision-making and actions, especially when those actions involve the use of public funds. Allowing agencies to avoid disclosure of records related to contract work would frustrate this intent.

Furthermore, transparency laws help discourage government corruption and self-dealing — concerns that are often heightened in the case of government contracting.

Ted Kefalas
Director of Strategic Campaigns
Grassroot Institute of Hawaii

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