SB2603 SD1

THE SENATE	S.B. NO.	2603
THIRTY-THIRD LEGISLATURE, 2026		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE HAWAII SYMPHONY ORCHESTRA.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature recognizes that the Hawaii Symphony Orchestra serves a public purpose to the State through free performances at parks and outdoor community centers, by providing free admission for public school employees and students to shows through the department of education programming, and by showcasing young musicians and performing side-by-side with the Hawaii Youth Symphony. These community program initiatives exemplify the Hawaii Symphony Orchestra's service and dedication to the public.

The legislature further finds that Act 382, Session Laws of Hawaii 1987, established the Honolulu symphony endowment fund to provide financial support to the Honolulu Symphony, the previous name for the Hawaii Symphony Orchestra. The legislature additionally finds that Act 175, Session Laws of Hawaii 1995, clarified that the legislative intent for the income and capital gains of the State of Hawaii endowment fund, a re-naming of the Honolulu symphony endowment fund, was to be used for the production of music by an Oahu-based symphony orchestra. The legislature understands that the State of Hawaii endowment fund has been transferred from the Honolulu Symphony to the Hawaii Symphony Orchestra since the passage of Act 175.

The legislature notes that designating the Hawaii Symphony Orchestra as the "State of Hawaii Symphony Orchestra" will enable the Hawaii Symphony Orchestra to regularly obtain state funds to augment the moneys from the State of Hawaii endowment fund and to help cover its general operating costs in exchange for other services to the State, to be mutually negotiated. Because of the Hawaii Symphony Orchestra's legacy of providing the State with public benefits for over a century, the legislature concludes that exempting appropriations of state general revenues to the Hawaii Symphony Orchestra from the requirements of chapter 42F, Hawaii Revised Statues, complies with the public purpose requirements of article VII, section 4, of the Hawaii State Constitution.

Accordingly, the purpose of this Act is to designate the Hawaii Symphony Orchestra as the "State of Hawaii Symphony Orchestra".

SECTION 2. Chapter 9, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§9- Hawaii Symphony Orchestra; designation; funding. (a) The Hawaii Symphony Orchestra shall be designated the State of Hawaii Symphony Orchestra.

(b) The qualifying standards and conditions related to the receipt of funds contained in chapter 42F shall not apply to funds received by the State of Hawaii Symphony Orchestra; provided that if the State of Hawaii Symphony Orchestra, in turn, contracts with a recipient or provider, then the qualifying standards, conditions, and other provisions of chapter 42F shall apply to the recipient or provider and the contract.

(c) The designation of the Hawaii Symphony Orchestra as the State of Hawaii Symphony Orchestra shall not impinge on the autonomy of the Hawaii Symphony Orchestra, nor imply state control over its programs or policies, except as specifically provided in this section.

(d) The comptroller and the legislative auditor may examine the use of any state funds appropriated pursuant to this section and shall report any findings to the legislature.

(e) The president and chief executive officer of the State of Hawaii Symphony Orchestra shall provide a report to the legislature no later than twenty days prior to the convening of each regular session. At a minimum, the annual report shall include an explanation of the operations, maintenance, and other functions accomplished using state fund expenditures in the previous fiscal year."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 for the general operating costs of the State of Hawaii Symphony Orchestra, including:

(1) Operations and maintenance;

(2) Any advice, consultations, or services provided free of charge to state agencies, including:

(A) Free admission for public school faculty, staff, and students who attend shows through department of education programs; and

(B) Consultants for purposes of setting standards in the symphony's educational programming and public activities; and

(3) Matching funds for any performance made open to the public and held at a state facility or institution or on state property.

The sum appropriated shall be expended by the state foundation on culture and the arts for the purposes of this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2026.