Hawaii 2025 Regular Session

Hawaii Senate Bill SB441

Introduced
1/16/25  
Refer
1/21/25  
Report Pass
2/14/25  
Refer
2/14/25  
Report Pass
2/28/25  
Engrossed
3/4/25  
Refer
3/6/25  
Report Pass
3/18/25  
Refer
3/18/25  

Caption

Relating To The Hawaii Symphony Orchestra.

Summary

SB441 would formally designate the Hawaii Symphony Orchestra as the “State of Hawaii Symphony Orchestra” and create a statutory framework for direct state support. The bill states legislative findings about the orchestra’s cultural value, its history as the Honolulu Symphony Orchestra, prior financial instability, and its community programming, including free performances, educational concerts, and outreach to public school students and neighbor islands. It also declares that the orchestra serves a public purpose and that state support is justified in exchange for services to the public and the State. The bill exempts state general fund appropriations to the orchestra from the requirements of chapter 42F, Hawaii Revised Statutes, which generally governs grants and related conditions. It authorizes the comptroller and legislative auditor to review the use of state funds and requires annual reporting to the Legislature on how state money was spent. The bill also appropriates unspecified sums for the orchestra’s general operating costs for fiscal years 2025-2026 and 2026-2027, and for deposit into the State of Hawaii Endowment Fund, with the State Foundation on Culture and the Arts and the Department of Accounting and General Services identified as the expending agencies. The bill’s impact on state law would be to create a new statutory designation in Chapter 9, carve out an exception from chapter 42F for this recipient, and establish ongoing reporting and audit oversight tied to the new funding arrangement. It would also reinforce the legal basis for using general revenues to support the orchestra’s operations and the endowment fund, while expressly stating that the designation does not give the State control over the orchestra’s programs or policies. Because the appropriation amounts are left blank in the text provided, the fiscal impact would depend on amounts set later in the legislative process. The general sentiment reflected in the bill text and voting history is strongly supportive. The measure passed the Senate Transportation and Culture and the Arts Committee unanimously and later passed the Senate Ways and Means Committee 13-0, indicating broad agreement that the orchestra provides a public cultural and educational benefit worthy of state support. The findings emphasize community access, arts education, and preservation of a major cultural institution, which frame the bill as a public investment rather than a subsidy for a private entity. The main point of contention, based on the bill’s structure, is the decision to exempt the orchestra from chapter 42F’s standard grant requirements. That exemption could raise concerns about accountability, preferential treatment, or precedent for other nonprofit recipients seeking similar treatment. The bill addresses those concerns by preserving audit authority and requiring annual legislative reporting, while also limiting the exemption when the orchestra contracts with third parties. No committee transcript opposition is provided, and the recorded votes suggest little visible resistance.

Impact

SB441 would add a new section to Chapter 9, Hawaii Revised Statutes, formally naming the Hawaii Symphony Orchestra the State of Hawaii Symphony Orchestra and exempting state funds paid to it from chapter 42F grant requirements. It would also require annual reporting to the Legislature and authorize state audit review of the use of funds. In addition, it would appropriate general revenues for the orchestra’s operating costs and for deposit into the State of Hawaii Endowment Fund, with the State Foundation on Culture and the Arts and the Department of Accounting and General Services responsible for administering the appropriations.

Sentiment

The overall sentiment appears favorable and supportive. The bill’s findings present the orchestra as a long-standing cultural institution that provides education, outreach, and public performances, and the committee votes were unanimous or near-unanimous in favor. The lack of recorded opposition in the provided materials suggests broad legislative comfort with the bill’s goals, though the chapter 42F exemption and direct funding structure imply some need for accountability safeguards.

Contention

The primary issue is the bill’s exemption of the orchestra from chapter 42F, which normally imposes conditions on state grants and funding recipients. Supporters appear to view the exemption as necessary to provide stable operating support to a public-serving arts institution, while potential critics could see it as reducing standard oversight or creating special treatment for one organization. The bill responds by preserving audit authority, requiring annual reports, and clarifying that the designation does not give the State control over the orchestra’s internal operations.

Companion Bills

No companion bills found.

Similar Bills

HI HB1860

Relating To The Hawaii Symphony Orchestra.

HI SB441

Relating To The Hawaii Symphony Orchestra.

HI SB2603

Relating To The Hawaii Symphony Orchestra.