Designates the Hawaii Symphony Orchestra as the State of Hawaii Symphony Orchestra. Requires annual reports to the Legislature. Exempts state funds received by the State of Hawaii Symphony Orchestra from chapter 42F, Haw, the official text

HOUSE OF REPRESENTATIVES

H.B. NO.

1860

THIRTY-THIRD LEGISLATURE, 2026

H.D. 2

STATE OF HAWAII

S.D. 1

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 finds that the Hawaii Symphony Orchestra provides a significant
public service to the State and makes significant musical contributions to the
artistic and cultural education of the community through its performances.

The legislature further finds that the
Hawaii Symphony Orchestra was founded in 1900 to establish and operate a
professional symphony orchestra in the State.
The symphony hosts shows and programs featuring musicians and performing
artists from around the world, in addition to promoting local talent within the
State.

The legislature notes that Act 382, Session
Laws of Hawaii 1987 (Act 382), established the Honolulu symphony endowment fund
to provide financial support to the Honolulu Symphony.  The legislative history of Act 382 stated
that the Honolulu Symphony was a major cultural resource of the State and was
deserving of the support provided by Act 382.
In Act 258, Session Laws of Hawaii 1988, the name of the Honolulu
symphony endowment fund was changed to the State of Hawaii endowment fund.  Subsequently, Act 175, Session Laws of Hawaii
1995, clarified that the income and capital gains of the State of Hawaii
endowment fund were to be used for the production of music by an Oahu-based
symphony orchestra.

The legislature further finds that the
Hawaii Symphony Orchestra has suffered through financial instability throughout
the last twenty years, including filing for bankruptcy and liquidating its
assets for auction.  In 2011, a small
group of supporters, donors, and musicians revived the orchestra as it is known
today, the Hawaii Symphony Orchestra, with the mission to reach out to the
community through music.  The legislature
further notes that the Orchestra heavily relies on donations, concert ticket
sales, and some state funding to fund its operations.

The legislature recognizes that the State
has a certain responsibility to the Hawaii Symphony Orchestra for the public
services it provides.  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 help cover its general operating costs in
exchange for other services to the State, to be mutually negotiated.

The legislature finds that the Hawaii
Symphony Orchestra has served and continues to serve a public purpose through
free performances at parks and outdoor community centers, education concerts,
showcasing young musicians, and performing side-by-side with the Hawaii Youth
Symphony, as well as providing free admission for public school faculty, staff,
and students to attend shows through department of education programs.  These community program initiatives exemplify
the Hawaii Symphony Orchestra's service and dedication to the public.  The legislature concludes that exempting
appropriations of state general revenues to the Hawaii Symphony Orchestra from
the requirements of chapter 42F, Hawaii Revised Statutes, complies with the
public purpose requirement 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" and exempt state funds it receives from chapter 42F, Hawaii
Revised Statutes.

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 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.
New statutory material is underscored.

SECTION 4.
This Act shall take effect upon its approval.