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OHA adopts amended rapid‑response legislative testimony procedures for 2026 session
Summary
Trustees adopted a procedure allowing OHA leadership to submit time‑sensitive testimony subject to full board ratification and requiring follow‑up notice to legislative committees if the board later amends or withdraws the position.
The Office of Hawaiian Affairs' Beneficiary Advocacy & Empowerment committee approved amended legislative testimony procedures intended to let OHA leadership respond quickly when a bill with immediate beneficiary impact appears on a hearing calendar and the board cannot meet in time.
Corporation counsel explained the policy was developed after two instances last session when committees scheduled hearings within 48 hours on measures the board had not yet voted on. Under the adopted procedure, advocacy staff would elevate urgent measures to the chair and the CEO; leadership may submit testimony under a clear caveat that the testimony represents a recommendation by leadership and is subject to full board approval. The procedure also requires the staff to present the submitted testimony and circumstances at the next noticed BAE meeting and, if the board chooses to amend or withdraw the leadership‑submitted testimony, to notify the appropriate legislative committee to correct the record.
Trustees discussed past examples where short‑form bills changed materially between introduction and hearing and asked for explicit steps to correct the legislative record if the board later disagrees with a leadership‑filed position. Trustees also sought assurance about transparency, public notice and judicial risk; counsel and staff said the procedure was intended for limited use in emergency or time‑sensitive situations and that court counsel had reviewed the language. With the proposed additions — an explicit ratification/notification step — trustees voted to adopt the procedures (recorded as nine yes votes).
The adopted procedure does not replace regular matrix review and formal board voting on most bills; OHA staff said it will be used minimally for urgent measures and will be disclosed and reviewed at the next BAE meeting following any rapid response submission.
