News from OIP: Sunshine Law Tips for the 2026 Legislative Session
Posted on Jan 15, 2026 in Featured, NewsletterThe 2026 legislative session starts on January 21, 2026. The Office of Information Practices (OIP) would like to remind boards of their duties and options under the Sunshine Law, part I of chapter 92, Hawaii Revised Statutes (HRS), during this hectic time of year.
Meeting notices and agendas
Before a board can discuss legislative matters at a meeting, the meeting notice must contain an agenda that clearly describes each legislative item by including: the bill number (if known), bill title, and a brief description of what the bill would do. These details help the public understand exactly what the board will be discussing, and it is important to remember that the purpose of the Sunshine Law is to open up the workings of government to the public.
For more guidance on how to prepare sufficiently detailed agendas and other Sunshine Law requirements, visit oip.hawaii.gov. and check the Training page.
Tracking bills or submitting testimony
Legislative deadlines move fast, but boards must still comply with the Sunshine Law. OIP’s detailed guide, “Quick Review: Sunshine Law Options to Address State Legislative Issues and Measures,” explains several options for boards to engage in legislative activity. These options include:
- Delegate staff to track bills and draft testimony based on the board’s previously adopted position.
- Delegate two board members to prepare legislative testimony, talk to legislators, and attend legislative hearings, following the board’s adopted position.
- Create a permitted interaction group under section 92-2.5(b)(2), HRS, of more than two members, but less than a quorum, to tend to legislative matters.
- Less than a quorum of board members may attend a legislative hearing if the hearing is not organized specifically for the board and other permitted interaction requirements under section 92-2.5(e), HRS, are met.
- Circulate draft testimony for approval among any number of members when the deadline is less than 6 calendar days away, if: (1) the board’s previously adopted position, drafts, comments, and testimony are in writing; and (2) those documents are posted on the board’s website within 48 hours of circulation. HRS § 92-2.5(h).
- Call an emergency meeting for urgent, unanticipated legislative issues if the requirements in section 92-8, HRS, are met.
Remember: each option may require adherence with other Sunshine Law requirements such as notice, public reporting, and avoiding serial use of permitted interactions. Please see the linked Quick Review for more information.