HB 1001: Maui Wildfires Settlement Trust Fund; Establishment; Appropriations
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2025-04-26
Current Status:
In Progress
(2025-07-08: Act 301, on 07/08/2025 (Gov. Msg. No. 1414).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Establishes the Maui Wildfires Settlement Trust Fund to be administered by the Attorney General. Appropriates funds to fund the settlement of claims related to the 2023 Maui wildfires. (CD1)
Establishes the Maui Wildfires Settlement Trust Fund to be administered by the Attorney General. Appropriates funds to fund the settlement of claims related to the 2023 Maui wildfires. Effective 7/1/3000. (SD3)
Establishes the Maui Wildfires Settlement Trust Fund to be administered by the Attorney General. Appropriates funds to fund the settlement of claims related to the 2023 Maui wildfires. Effective 7/1/3000. (SD1)
Establishes the Maui Wildfires Settlement Trust Fund to be administered by the Attorney General. Appropriates funds to fund the settlement of claims related to the 2023 Maui wildfires. Effective 7/1/3000. (SD1)
Makes general fund appropriations for fiscal years 2025-2026 and 2026-2027 to fund the settlement of claims related to the Maui wildfires. Establishes the Maui Wildfires Settlement Trust Fund to be administered by the Attorney General. Effective 7/1/3000. (HD1)
Makes general fund appropriations for fiscal years 2025-2026 and 2026-2027 to fund the settlement of claims related to the Maui wildfires. Establishes the Maui Wildfires Settlement Trust Fund to be administered by the Attorney General.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1001 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 3 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO SETTLEMENT OF CLAIMS RELATED TO THE MAUI WILDFIRES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
(1) The 2023 Maui wildfires had a devastating impact on the residents of Maui, resulting in real and personal property damage, personal injury, wrongful death, emotional distress and inconvenience, and economic loss;
(2) Establishing a trust fund to allow the State to respond with compassion and support for those affected by the 2023 Maui wildfires, ensuring that victims or their personal representatives are provided with fair and just compensation on a timely basis, is in the public interest;
(3) Contributing state funds to be used along with contributions from others, including the county of Maui, Hawaiian Electric, Kamehameha Schools, Charter Communications/Spectrum, Hawaiian Telcom, and West Maui Land Company, for the compromise and settlement of claims against the State and others related to the 2023 Maui wildfires to compensate those who have suffered real and personal property damage, personal injury, wrongful death, emotional distress and inconvenience, or economic loss in the 2023 Maui wildfires is in the public interest;
(4) Settling claims related to the 2023 Maui wildfires is an efficient mechanism to address the urgent and exceptional situation caused by the 2023 Maui wildfires, and will offer a unique ability to help those in need;
(5) The complexity and challenges of tort litigation, including the length of time needed to resolve lawsuits, make it prudent to provide an alternative to litigation through the State's contribution to the Maui wildfires settlement agreements that will allow for the early compromise and settlement of claims and expedite the compensation process for those impacted by the 2023 Maui wildfires;
(6) It is in the public interest to encourage swift and fair resolution to claims arising from the 2023 Maui wildfires, thus alleviating the burden on the judicial system and fostering community support, unity, and recovery in the aftermath of the 2023 Maui wildfires; and
(7) Individuals receiving compensation pursuant to the Maui wildfires settlement agreements shall release the State and other parties that contribute to the Maui wildfires settlement agreements from further liability and shall voluntarily waive their rights to pursue damages through litigation for real and personal property damage, personal injury, wrongful death, emotional distress and inconvenience, and economic loss, contributing to a more efficient resolution process.
The legislature further finds that the Maui wildfires settlement agreements reached in November 2024 aim to resolve lawsuits related to the 2023 Maui wildfires. Under the proposed terms of the Maui wildfires settlement agreements, the seven defendants – the State of Hawaii, county of Maui, Hawaiian Electric, Kamehameha Schools, Charter Communications/Spectrum, Hawaiian Telcom, and West Maui Land Company - collectively agreed to pay $4,037,000,000 to provide compensation to the approximately two thousand two hundred affected parties who filed lawsuits. The State's contribution is approximately $807,500,000, to be paid over four years. The State's settlement amount is in addition to the State's $65,000,000 contribution to the One Ohana Fund for wildfire assistance.
The allocation of funds and the determination of individual compensation amounts have yet to be finalized.
Further, the Hawaii supreme court recently decided in In re Petition for the Coordination of Maui Fire Cases that property and casualty insurance companies may only recover payments made to policyholders for 2023 Maui wildfire damages using a statutory lien. This limitation on the subrogation remedies available to insurers allows the settlement to proceed as planned.
Consequently, the legislature finds that authorizing the expenditure of public moneys as the State's payment to the compromise and settlement of claims arising from the 2023 Maui wildfires will provide a means of compensation to any individual or personal representative of a deceased individual who suffered real and personal property damage, personal injury, wrongful death, emotional distress and inconvenience, or economic loss as a result of the 2023 Maui wildfires, and will offer a timely and compassionate resolution to those affected by the Maui wildfires while relieving the burden on the judicial system and contributing to the rebuilding of lives and community. The State's contribution to the settlement of claims will be distributed pursuant to the Maui wildfires settlement agreements.
Further, the legislature finds that the Maui wildfires settlement trust fund is recognized as a trust fund, where the claimants of the Maui wildfires settlement hold a vested beneficial interest that was established by a legislative appropriation that restricts the use of the trust fund exclusively for settling claims arising from the 2023 Maui wildfires and covering its administrative costs.
Accordingly, the purpose of this Act is to:
(1) Establish the Maui wildfires settlement trust fund to be administered by the attorney general; and
(2) Appropriate funds to fund the settlement of claims related to the 2023 Maui wildfires.
SECTION 2. Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§28- Maui wildfires settlement trust fund. (a) There shall be established in the state treasury the Maui wildfires settlement trust fund, which shall be administered by the attorney general, and into which shall be deposited:
(1) Appropriations made by the legislature to the trust fund;
(2) All interest accruing from the investment of moneys in the trust fund; and
(3) Loans made to the trust fund.
(b) Moneys in the Maui wildfires settlement trust fund shall be used for the following purposes:
(1) Payment of eligible claims pursuant to the Maui wildfires settlement agreements; and
(2) Payment of administrative costs relating to the Maui wildfires settlement agreements.
(c) The Maui wildfires settlement trust fund shall be terminated upon payment of all claims and costs relating to settlement of claims under the Maui wildfires settlement agreements. Upon termination, moneys in the trust fund shall revert back to the State and shall lapse to the general fund; provided that any moneys advanced to the trust fund as a loan shall be repaid without interest.
(d) The director of finance may loan moneys to the Maui wildfires settlement trust fund from the general, special, or revolving funds of the State that, in the director of finance's judgment, are in excess of the amounts necessary for the State's requirements and will not impede or hamper the necessary financial operations of the State. The loans shall be without interest. All loans shall be repaid upon demand of the director of finance.
(e) Upon approval of the governor, the attorney general may expend up to the balance in the trust fund for costs as authorized by this section.
(f) Any individual who receives compensation from the Maui wildfires settlement trust fund under this section shall execute a release that releases the State from any and all liabilities arising out of the Maui wildfires.
(g) The department of the attorney general shall submit a report to the legislature no later than thirty days prior to the convening of each regular session that shall include their receipts and disbursements of the Maui wildfires settlement trust fund for the prior fiscal year."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $400,000,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the sum of $407,500,000 or so much thereof as may be necessary for fiscal year 2026-2027 to be deposited into the Maui wildfires settlement trust fund to fund the State's contribution to the settlement of claims related to the 2023 Maui wildfires and for the payment of administrative expenses relating to the Maui wildfires settlement agreements.
The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2025.
Report Title:
Maui Wildfires Settlement Trust Fund; Establishment; Appropriations
Description:
Establishes the Maui Wildfires Settlement Trust Fund to be administered by the Attorney General. Appropriates funds to fund the settlement of claims related to the 2023 Maui wildfires. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1001 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 3 |
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A BILL FOR AN ACT
RELATING TO SETTLEMENT OF CLAIMS RELATED TO THE MAUI WILDFIRES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
(1) The 2023 Maui wildfires had a devastating impact on the residents of Maui, resulting in real and personal property damage, personal injury, wrongful death, emotional distress and inconvenience, and economic loss;
(2) Establishing a trust fund to allow the State to respond with compassion and support for those affected by the 2023 Maui wildfires, ensuring that victims or their personal representatives are provided with fair and just compensation on a timely basis, is in the public interest;
(3) Contributing state funds to be used along with contributions from others, including the county of Maui, Hawaiian Electric, Kamehameha Schools, Charter Communications/Spectrum, Hawaiian Telcom, and West Maui Land Company, for the compromise and settlement of claims against the State and others related to the 2023 Maui wildfires to compensate those who have suffered real and personal property damage, personal injury, wrongful death, emotional distress and inconvenience, or economic loss in the 2023 Maui wildfires is in the public interest;
(4) Settling claims related to the 2023 Maui wildfires is an efficient mechanism to address the urgent and exceptional situation caused by the 2023 Maui wildfires, and will offer a unique ability to help those in need;
(5) The complexity and challenges of tort litigation, including the length of time needed to resolve lawsuits, make it prudent to provide an alternative to litigation through the State's contribution to the Maui wildfires settlement agreements that will allow for the early compromise and settlement of claims and expedite the compensation process for those impacted by the 2023 Maui wildfires;
(6) It is in the public interest to encourage swift and fair resolution to claims arising from the 2023 Maui wildfires, thus alleviating the burden on the judicial system and fostering community support, unity, and recovery in the aftermath of the 2023 Maui wildfires; and
(7) Individuals receiving compensation pursuant to the Maui wildfires settlement agreements shall release the State and other parties that contribute to the Maui wildfires settlement agreements from further liability and shall voluntarily waive their rights to pursue damages through litigation for real and personal property damage, personal injury, wrongful death, emotional distress and inconvenience, and economic loss, contributing to a more efficient resolution process.
The legislature further finds that the Maui wildfires settlement agreements reached in November 2024 aim to resolve lawsuits related to the 2023 Maui wildfires. Under the proposed terms of the Maui wildfires settlement agreements, the seven defendants – the State of Hawaii, county of Maui, Hawaiian Electric, Kamehameha Schools, Charter Communications/Spectrum, Hawaiian Telcom, and West Maui Land Company - collectively agreed to pay $4,037,000,000 to provide compensation to the approximately two thousand two hundred affected parties who filed lawsuits. The State's contribution is approximately $807,500,000, to be paid over four years. The State's settlement amount is in addition to the State's $65,000,000 contribution to the One Ohana Fund for wildfire assistance.
The allocation of funds and the determination of individual compensation amounts have yet to be finalized.
Further, the Hawaii supreme court recently decided in Matter of Petition for Coordination of Maui Fire Cases that property and casualty insurance companies may only recover payments made to policyholders for 2023 Maui wildfire damages using a statutory lien. This limitation on the subrogation remedies available to insurers allows the settlement to proceed as planned.
Consequently, the legislature finds that authorizing the expenditure of public moneys as the State's payment to the compromise and settlement of claims arising from the 2023 Maui wildfires will provide a means of compensation to any individual or personal representative of a deceased individual who suffered real and personal property damage, personal injury, wrongful death, emotional distress and inconvenience, or economic loss as a result of the 2023 Maui wildfires, and will offer a timely and compassionate resolution to those affected by the Maui wildfires while relieving the burden on the judicial system and contributing to the rebuilding of lives and community. The State's contribution to the settlement of claims will be distributed pursuant to the Maui wildfires settlement agreements.
Further, the legislature finds that the Maui wildfires settlement trust fund is recognized as a trust fund, where the claimants of the Maui wildfires settlement hold a vested beneficial interest that was established by a legislative appropriation that restricts the use of the trust fund exclusively for settling claims arising from the 2023 Maui wildfires and covering its administrative costs.
Accordingly, the purpose of this Act is to:
(1) Establish the Maui wildfires settlement trust fund to be administered by the attorney general; and
(2) Appropriate funds to fund the settlement of claims related to the 2023 Maui wildfires.
SECTION 2. Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§28- Maui wildfires settlement trust fund. (a) There shall be established in the state treasury the Maui wildfires settlement trust fund, which shall be administered by the attorney general, and into which shall be deposited:
(1) Appropriations made by the legislature to the trust fund;
(2) All interest accruing from the investment of moneys in the trust fund; and
(3) Loans made to the trust fund.
(b) Moneys in the Maui wildfires settlement trust fund shall be used for the following purposes:
(1) Payment of eligible claims pursuant to the Maui wildfires settlement agreements; and
(2) Payment of administrative costs relating to the Maui wildfires settlement agreements.
(c) The Maui wildfires settlement trust fund shall be terminated upon payment of all claims and costs relating to settlement of claims under the Maui wildfires settlement agreements. Upon termination, moneys in the trust fund shall revert back to the State and shall lapse to the general fund; provided that any moneys advanced to the trust fund as a loan shall be repaid without interest.
(d) The director of finance may loan moneys to the Maui wildfires settlement trust fund from the general, special, or revolving funds of the State that, in the director of finance's judgment, are in excess of the amounts necessary for the State's requirements and will not impede or hamper the necessary financial operations of the State. The loans shall be without interest. All loans shall be repaid upon demand of the director of finance.
(e) Upon approval of the governor, the attorney general may expend up to the balance in the trust fund for costs as authorized by this section.
(f) Any individual who receives compensation from the Maui wildfires settlement trust fund under this section shall execute a release that releases the State from any and all liabilities arising out of the Maui wildfires.
(g) The department of the attorney general shall submit a report to the legislature no later than thirty days prior to the convening of each regular session that shall include their receipts and disbursements of the Maui wildfires settlement trust fund for the prior 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 2025-2026 and the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 to be deposited into the Maui wildfires settlement trust fund to fund the State's contribution to the settlement of claims related to the 2023 Maui wildfires and for the payment of administrative expenses relating to the Maui wildfires settlement agreements.
The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000.
Report Title:
Maui Wildfires Settlement Trust Fund; Establishment; Appropriations
Description:
Establishes the Maui Wildfires Settlement Trust Fund to be administered by the Attorney General. Appropriates funds to fund the settlement of claims related to the 2023 Maui wildfires. Effective 7/1/3000. (SD3)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1001 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
|
|
STATE OF HAWAII |
S.D. 2 |
|
|
|
|
|
|
|
||
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|
||
A BILL FOR AN ACT
RELATING TO SETTLEMENT OF CLAIMS RELATED TO THE MAUI WILDFIRES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
(1) The 2023 Maui wildfires had a devastating impact on the residents of Maui, resulting in real and personal property damage, personal injury, wrongful death, emotional distress and inconvenience, and economic loss;
(2) Establishing a trust fund to allow the State to respond with compassion and support for those affected by the 2023 Maui wildfires, ensuring that victims or their personal representatives are provided with fair and just compensation on a timely basis, is in the public interest;
(3) Contributing state funds to be used along with contributions from others, including the county of Maui, Hawaiian Electric, Kamehameha Schools, Charter Communications/Spectrum, Hawaiian Telcom, and West Maui Land Company, for the compromise and settlement of claims against the State and others related to the 2023 Maui wildfires to compensate those who have suffered real and personal property damage, personal injury, wrongful death, emotional distress and inconvenience, or economic loss in the 2023 Maui wildfires is in the public interest;
(4) Settling claims related to the 2023 Maui wildfires is an efficient mechanism to address the urgent and exceptional situation caused by the 2023 Maui wildfires, and will offer a unique ability to help those in need;
(5) The complexity and challenges of tort litigation, including the length of time needed to resolve lawsuits, make it prudent to provide an alternative to litigation through the State's contribution to the Maui wildfires settlement agreements that will allow for the early compromise and settlement of claims and expedite the compensation process for those impacted by the 2023 Maui wildfires;
(6) It is in the public interest to encourage swift and fair resolution to claims arising from the 2023 Maui wildfires, thus alleviating the burden on the judicial system and fostering community support, unity, and recovery in the aftermath of the 2023 Maui wildfires; and
(7) Individuals receiving compensation pursuant to the Maui wildfires settlement agreements shall release the State and other parties that contribute to the Maui wildfires settlement agreements from further liability and shall voluntarily waive their rights to pursue damages through litigation for real and personal property damage, personal injury, wrongful death, emotional distress and inconvenience, and economic loss, contributing to a more efficient resolution process.
The legislature further finds that the Maui wildfires settlement agreements reached in November 2024 aim to resolve lawsuits related to the 2023 Maui wildfires. Under the proposed terms of the Maui wildfires settlement agreements, the seven defendants – the State of Hawaii, county of Maui, Hawaiian Electric, Kamehameha Schools, Charter Communications/Spectrum, Hawaiian Telcom, and West Maui Land Company - collectively agreed to pay $4,037,000,000 to provide compensation to the approximately two thousand two hundred affected parties who filed lawsuits. The State's contribution is approximately $807,500,000, to be paid over four years. The State's settlement amount is in addition to the State's $65,000,000 contribution to the One Ohana Fund for wildfire assistance.
The allocation of funds and the determination of individual compensation amounts have yet to be finalized.
Further, the Hawaii supreme court recently decided in Matter of Petition for Coordination of Maui Fire Cases that property and casualty insurance companies may only recover payments made to policyholders for 2023 Maui wildfire damages using a statutory lien. This limitation on the subrogation remedies available to insurers allows the settlement to proceed as planned.
Consequently, the legislature finds that authorizing the expenditure of public moneys as the State's payment to the compromise and settlement of claims arising from the 2023 Maui wildfires will provide a means of compensation to any individual or personal representative of a deceased individual who suffered real and personal property damage, personal injury, wrongful death, emotional distress and inconvenience, or economic loss as a result of the 2023 Maui wildfires, and will offer a timely and compassionate resolution to those affected by the Maui wildfires while relieving the burden on the judicial system and contributing to the rebuilding of lives and community. The State's contribution to the settlement of claims will be distributed pursuant to the Maui wildfires settlement agreements.
Further, the legislature finds that the Maui wildfires settlement trust fund is recognized as a trust fund, where the claimants of the Maui wildfires settlement hold a vested beneficial interest that was established by a legislative appropriation that restricts the use of the trust fund exclusively for settling claims arising from the 2023 Maui wildfires and covering its administrative costs.
Accordingly, the purpose of this Act is to:
(1) Establish the Maui wildfires settlement trust fund to be administered by the attorney general; and
(2) Appropriate funds to fund the settlement of claims related to the 2023 Maui wildfires.
SECTION 2. Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§28- Maui wildfires settlement trust fund. (a) There shall be established in the state treasury the Maui wildfires settlement trust fund, which shall be administered by the attorney general, and into which shall be deposited:
(1) Appropriations made by the legislature to the trust fund;
(2) All interest accruing from the investment of moneys in the trust fund; and
(3) Loans made to the trust fund.
(b) Moneys in the Maui wildfires settlement trust fund shall be used for the following purposes:
(1) Payment of eligible claims pursuant to the Maui wildfires settlement agreements; and
(2) Payment of administrative costs relating to the Maui wildfires settlement agreements.
(c) All defendant parties to the settlement except for the State shall submit a plan, and evidence, to the attorney general, of each respective defendant's ability to pay its share of the settlement as the payments become due under the settlement agreement, within thirty days of the effective date of this Act; provided that the attorney general, in its discretion, shall determine whether the plan and evidence is satisfactory.
(d) All defendant parties to the settlement except for the State shall fund their share of the settlement thirty days before the payments become due under the settlement agreement into an escrow account, pursuant to escrow instructions satisfactory to the attorney general. All other defendants' shares of the settlement shall be paid before the State shall agree to release its share of the settlement.
(e) The Maui wildfires settlement trust fund shall be terminated upon payment of all claims and costs relating to settlement of claims under the Maui wildfires settlement agreements. Upon termination, moneys in the trust fund shall revert back to the State and shall lapse to the general fund; provided that any moneys advanced to the trust fund as a loan shall be repaid without interest.
(f) The director of finance may loan moneys to the Maui wildfires settlement trust fund from the general, special, or revolving funds of the State that, in the director of finance's judgment, are in excess of the amounts necessary for the State's requirements and will not impede or hamper the necessary financial operations of the State. The loans shall be without interest. All loans shall be repaid upon demand of the director of finance.
(g) Upon approval of the governor, the attorney general may expend up to the balance in the trust fund for costs as authorized by this section.
(h) Any individual who receives compensation from the Maui wildfires settlement trust fund under this section shall execute a release that releases the State from any and all liabilities arising out of the Maui wildfires.
(i) The department of the attorney general shall submit a report to the legislature no later than thirty days prior to the convening of each regular session that shall include their receipts and disbursements of the Maui wildfires settlement trust fund for the prior 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 2025-2026 and the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 to be deposited into the Maui wildfires settlement trust fund to fund the State's contribution to the settlement of claims related to the 2023 Maui wildfires and for the payment of administrative expenses relating to the Maui wildfires settlement agreements; provided that the attorney general shall deposit funds into the Maui wildfires settlement trust fund in the same percentage of the total as the other defendant parties disperse funds for settlement.
The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000.
Report Title:
Maui Wildfires Settlement Trust Fund; Establishment; Appropriations
Description:
Establishes the Maui Wildfires Settlement Trust Fund to be administered by the Attorney General. Appropriates funds to fund the settlement of claims related to the 2023 Maui wildfires. Effective 7/1/3000. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1001 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
|
|
STATE OF HAWAII |
S.D. 1 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO SETTLEMENT OF CLAIMS RELATED TO THE MAUI WILDFIRES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
(1) The 2023 Maui wildfires had a devastating impact on the residents of Maui, resulting in real and personal property damage, personal injury, wrongful death, emotional distress and inconvenience, and economic loss;
(2) Establishing a trust fund to allow the State to respond with compassion and support for those affected by the 2023 Maui wildfires, ensuring that victims or their personal representatives are provided with fair and just compensation on a timely basis, is in the public interest;
(3) Contributing state funds to be used along with contributions from others, including the county of Maui, Hawaiian Electric, Kamehameha Schools, Charter Communications/Spectrum, Hawaiian Telcom, and West Maui Land Company, for the compromise and settlement of claims against the State and others related to the 2023 Maui wildfires to compensate those who have suffered real and personal property damage, personal injury, wrongful death, emotional distress and inconvenience, or economic loss in the 2023 Maui wildfires is in the public interest;
(4) Settling claims related to the 2023 Maui wildfires is an efficient mechanism to address the urgent and exceptional situation caused by the 2023 Maui wildfires, and will offer a unique ability to help those in need;
(5) The complexity and challenges of tort litigation, including the length of time needed to resolve lawsuits, make it prudent to provide an alternative to litigation through the State's contribution to the Maui wildfires settlement agreements that will allow for the early compromise and settlement of claims and expedite the compensation process for those impacted by the 2023 Maui wildfires;
(6) It is in the public interest to encourage swift and fair resolution to claims arising from the 2023 Maui wildfires, thus alleviating the burden on the judicial system and fostering community support, unity, and recovery in the aftermath of the 2023 Maui wildfires; and
(7) Individuals receiving compensation pursuant to the Maui wildfires settlement agreements shall release the State and other parties that contribute to the Maui wildfires settlement agreements from further liability and shall voluntarily waive their rights to pursue damages through litigation for real and personal property damage, personal injury, wrongful death, emotional distress and inconvenience, and economic loss, contributing to a more efficient resolution process.
The legislature further finds that the Maui wildfires settlement agreements reached in November 2024 aim to resolve lawsuits related to the 2023 Maui wildfires. Under the proposed terms of the Maui wildfires settlement agreements, the seven defendants – the State of Hawaii, county of Maui, Hawaiian Electric, Kamehameha Schools, Charter Communications/Spectrum, Hawaiian Telcom, and West Maui Land Company - collectively agreed to pay $4,037,000,000 to provide compensation to the approximately two thousand two hundred affected parties who filed lawsuits. The State's contribution is approximately $807,500,000, to be paid over four years. The State's settlement amount is in addition to the State's $65,000,000 contribution to the One Ohana Fund for wildfire assistance.
The allocation of funds and the determination of individual compensation amounts have yet to be finalized.
Further, the Hawaii supreme court recently decided in Matter of Petition for Coordination of Maui Fire Cases that property and casualty insurance companies may only recover payments made to policyholders for 2023 Maui wildfire damages using a statutory lien. This limitation on the subrogation remedies available to insurers allows the settlement to proceed as planned.
Consequently, the legislature finds that authorizing the expenditure of public moneys as the State's payment to the compromise and settlement of claims arising from the 2023 Maui wildfires will provide a means of compensation to any individual or personal representative of a deceased individual who suffered real and personal property damage, personal injury, wrongful death, emotional distress and inconvenience, or economic loss as a result of the 2023 Maui wildfires, and will offer a timely and compassionate resolution to those affected by the Maui wildfires while relieving the burden on the judicial system and contributing to the rebuilding of lives and community. The State's contribution to the settlement of claims will be distributed pursuant to the Maui wildfires settlement agreements.
Further, the legislature finds that the Maui wildfires settlement trust fund is recognized as a trust fund, where the claimants of the Maui wildfires settlement hold a vested beneficial interest that was established by a legislative appropriation that restricts the use of the trust fund exclusively for settling claims arising from the 2023 Maui wildfires and covering its administrative costs.
Accordingly, the purpose of this Act is to:
(1) Establish the Maui wildfires settlement trust fund to be administered by the attorney general; and
(2) Appropriate funds to fund the settlement of claims related to the 2023 Maui wildfires.
SECTION 2. Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§28- Maui wildfires settlement trust fund. (a) There shall be established in the state treasury the Maui wildfires settlement trust fund, which shall be administered by the attorney general, and into which shall be deposited:
(1) Appropriations made by the legislature to the trust fund;
(2) All interest accruing from the investment of moneys in the trust fund; and
(3) Loans made to the trust fund.
(b) Moneys in the Maui wildfires settlement trust fund shall be used for the following purposes:
(1) Payment of eligible claims pursuant to the Maui wildfires settlement agreements; and
(2) Payment of administrative costs relating to the Maui wildfires settlement agreements.
(c) The Maui wildfires settlement trust fund shall be terminated upon payment of all claims and costs relating to settlement of claims under the Maui wildfires settlement agreements. Upon termination, moneys in the trust fund shall revert back to the State and shall lapse to the general fund; provided that any moneys advanced to the trust fund as a loan shall be repaid without interest.
(d) The director of finance may loan moneys to the Maui wildfires settlement trust fund from the general, special, or revolving funds of the State that in the director of finance's judgment are in excess of the amounts necessary for the State's requirements and will not impede or hamper the necessary financial operations of the State. The loans shall be without interest. All loans shall be repaid upon demand of the director of finance.
(e) Upon approval of the governor, the attorney general may expend up to the balance in the trust fund for costs as authorized by this section.
(f) Any individual who receives compensation from the Maui wildfires settlement trust fund under this section shall execute a release that releases the State from any and all liabilities arising out of the Maui wildfires.
(g) The department of the attorney general shall submit a report to the legislature no later than thirty days prior to the convening of each regular session that shall include their receipts and disbursements of the Maui wildfires settlement trust fund for the prior 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 2025-2026 and the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 to be deposited into the Maui wildfires settlement trust fund to fund the State's contribution to the settlement of claims related to the 2023 Maui wildfires and for the payment of administrative expenses relating to the Maui wildfires settlement agreements.
The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000.
Report Title:
Maui Wildfires Settlement Trust Fund Established; Appropriations
Description:
Establishes the Maui Wildfires Settlement Trust Fund to be administered by the Attorney General. Appropriates funds to fund the settlement of claims related to the 2023 Maui wildfires. Effective 7/1/3000. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1001 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
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||
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||
A BILL FOR AN ACT
RELATING TO SETTLEMENT OF CLAIMS RELATED TO THE MAUI WILDFIRES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
(1) The Maui wildfires had a devastating impact on the residents of Maui, resulting in real and personal property damage, personal injury, wrongful death, emotional distress and inconvenience, and economic loss;
(2) Establishing a trust fund to allow the State to respond with compassion and support for those affected by the Maui wildfires, ensuring that victims or their personal representatives are provided with fair and just compensation on a timely basis, is in the public interest;
(3) Contributing state funds to be used along with contributions from others, including the county of Maui, Hawaiian Electric Company, Kamehameha Schools, Charter Communications/Spectrum, Hawaiian Telcom, and West Maui Land Company, for the compromise and settlement of claims against the State and others related to the Maui wildfires to compensate those who have suffered real and personal property damage, personal injury, wrongful death, emotional distress and inconvenience, or economic loss in the Maui wildfires is in the public interest;
(4) Settling claims related to the Maui wildfires is an efficient mechanism to address the urgent and exceptional situation caused by the Maui wildfires, and will offer a unique ability to help those in need;
(5) The complexity and challenges of tort litigation, including the length of time needed to resolve lawsuits, make it prudent to provide an alternative to litigation through the State's contribution to the Maui wildfires settlement agreements that will allow for the early compromise and settlement of claims and expedite the compensation process for those impacted by the Maui wildfires;
(6) It is in the public interest to encourage swift and fair resolution to claims arising from the Maui wildfires, thus alleviating the burden on the judicial system and fostering community support, unity, and recovery in the aftermath of the Maui wildfires; and
(7) Individuals receiving compensation pursuant to the Maui wildfires settlement agreements shall release the State and other parties that contribute to the Maui wildfires settlement agreements from further liability and shall voluntarily waive their rights to pursue damages through litigation for real and personal property damage, personal injury, wrongful death, emotional distress and inconvenience, and economic loss, contributing to a more efficient resolution process.
The legislature further finds that the Maui wildfires settlement agreements reached in November 2024 aim to resolve lawsuits related to the Maui wildfires. Under the proposed terms of the Maui wildfires settlement agreements, the seven defendants – the State of Hawaii, county of Maui, Hawaiian Electric Company, Kamehameha Schools, Charter Communications/Spectrum, Hawaiian Telcom, and West Maui Land Company - collectively agreed to pay $4,037,000,000 to provide compensation to the approximately two thousand two hundred affected parties who filed lawsuits. The State of Hawaii's contribution is approximately $807,500,000, to be paid over four years. The State's settlement amount is in addition to the State's $65,000,000 contribution to the One Ohana Fund for wildfire assistance.
The allocation of funds and the determination of individual compensation amounts have yet to be finalized.
Further, the Hawaii supreme court is currently reviewing questions regarding whether insurance companies can recover payments made for Maui wildfire damages from policyholders. The resolution of this matter could affect the settlement's implementation.
Consequently, the legislature finds that authorizing the expenditure of public moneys as the State's payment to the compromise and settlement of claims arising from the Maui wildfires will provide a means of compensation to any individual or personal representative of a deceased individual who suffered real and personal property damage, personal injury, wrongful death, emotional distress and inconvenience, or economic loss as a result of the Maui wildfires, and will offer a timely and compassionate resolution to those affected by the Maui wildfires while relieving the burden on the judicial system and contributing to the rebuilding of lives and community. The State's contribution to the settlement of claims will be distributed pursuant to the Maui wildfires settlement agreements.
Further, the legislature finds that the Maui wildfires settlement trust fund is recognized as a trust fund, where the claimants of the Maui wildfires settlement hold a vested beneficial interest that was established by a legislative appropriation that restricts the use of the trust fund exclusively for settling claims arising from the Maui wildfires and covering its administrative costs.
SECTION 2. Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§28- Maui wildfires settlement trust fund. (a) There shall be established in the state treasury the Maui wildfires settlement trust fund, which shall be administered by the attorney general, and into which shall be deposited:
(1) Appropriations made by the legislature to the trust fund;
(2) All interest accruing from the investment of moneys in the trust fund; and
(3) Loans made to the trust fund.
(b) Moneys in the Maui wildfires settlement trust fund shall be used for the following purposes:
(1) Payment of eligible claims pursuant to the Maui wildfires settlement agreements; and
(2) Payment of administrative costs relating to the Maui wildfires settlement agreements.
(c) The Maui wildfires settlement trust fund shall be terminated upon payment of all claims and costs relating to settlement of claims under the Maui wildfires settlement agreements. Upon termination, moneys in the trust fund shall revert back to the State and shall lapse to the general fund; provided that any moneys advanced to the trust fund as a loan shall be repaid without interest.
(d) The director of finance may loan moneys to the Maui wildfires settlement trust fund from the general, special, or revolving funds of the State that in the director of finance's judgment are in excess of the amounts necessary for the State's requirements and will not impede or hamper the necessary financial operations of the State. The loans shall be without interest. All loans shall be repaid upon demand of the director of finance.
(e) Upon approval of the governor, the attorney general may expend up to the balance in the trust fund for costs as authorized by this section.
(f) Any individual who receives compensation from the Maui wildfires settlement trust fund under this section shall execute a release that releases the State from any and all liabilities arising out of the Maui wildfires.
(g) The department of the attorney general shall submit a report to the legislature no later than thirty days prior to the convening of each regular session that shall include their receipts and disbursements of the Maui wildfires settlement trust fund for the prior 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 2025-2026 and the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 to be deposited into the Maui wildfires settlement trust fund to fund the State's contribution to the settlement of claims related to the August 8, 2023, Maui wildfires and for the payment of administrative expenses relating to the Maui wildfires settlement agreements.
The sums appropriated shall be expended by the department of the attorney general.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000.
Report Title:
Maui Wildfires Settlement Trust Fund; Established; General Fund
Description:
Makes general fund appropriations for fiscal years 2025-2026 and 2026-2027 to fund the settlement of claims related to the Maui wildfires. Establishes the Maui Wildfires Settlement Trust Fund to be administered by the Attorney General. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1001 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO SETTLEMENT OF CLAIMS RELATED TO THE MAUI WILDFIRES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
(1) The Maui wildfires had a devastating impact on the residents of Maui, resulting in real and personal property damage, personal injury, wrongful death, emotional distress and inconvenience, and economic loss;
(2) Establishing a trust fund to allow the State to respond with compassion and support for those affected by the Maui wildfires, ensuring that victims or their personal representatives are provided with fair and just compensation on a timely basis is in the public interest;
(3) Contributing state funds to be used along with contributions from others, including the county of Maui, the Hawaiian Electric Company, the Kamehameha Schools, Charter Communications/Spectrum, Hawaiian Telcom, and the West Maui Land Company for the compromise and settlement of claims against the State and others related to the Maui wildfires to compensate those who have suffered real and personal property damage, personal injury, wrongful death, emotional distress and inconvenience, or economic loss in the Maui wildfires is in the public interest;
(4) Settling claims related to the Maui wildfires is an efficient mechanism to address the urgent and exceptional situation caused by the Maui wildfires, and will offer a unique ability to help those in need;
(5) The complexity and challenges of tort litigation, including the length of time needed to resolve lawsuits make it prudent to provide an alternative to litigation through the State's contribution to the Maui wildfires settlement agreements that will allow for the early compromise and settlement of claims and expedite the compensation process for those impacted by the Maui wildfires;
(6) It is in the public interest to encourage swift and fair resolution to claims arising from the Maui wildfires, thus alleviating the burden on the judicial system and fostering community support, unity, and recovery in the aftermath of the Maui wildfires; and
(7) Individuals receiving compensation pursuant to the Maui wildfires settlement agreements shall release the State and other parties that contribute to the Maui wildfires settlement agreements from further liability and shall voluntarily waive their rights to pursue damages through litigation for real and personal property damage, personal injury, wrongful death, emotional distress and inconvenience, and economic loss contributing to a more efficient resolution process.
The legislature further finds that the Maui wildfires settlement agreements reached in November 2024 aim to resolve lawsuits related to the Maui wildfires. Under the proposed terms of the Maui wildfires settlement agreements, the seven defendants – the State of Hawaii, the county of Maui, the Hawaiian Electric Company, the Kamehameha Schools, Charter Communications/Spectrum, Hawaiian Telcom, and the West Maui Land Company, collectively agreed to pay $4.037 billion to provide compensation to the approximately 2,200 affected parties who filed lawsuits. The State of Hawaii's contribution is approximately $807,500,000, to be paid over four years. The State's settlement amount is in addition to the State's $65 million contribution to the One Ohana Fund for wildfire assistance.
The allocation of funds and the determination of individuals compensation amounts are still to be finalized.
Further, the Hawaii Supreme Court is currently reviewing questions regarding whether insurance companies can recover payments made for Maui wildfire damages from policyholders. The resolution of this matter could affect the settlement's implementation.
Consequently, the legislature finds that authorizing the expenditure of public moneys as the State's payment to the compromise and settlement of claims arising from the Maui wildfires will provide a means of compensation to any individual or personal representative of a deceased individual who suffered real and personal property damage, personal injury, wrongful death, emotional distress and inconvenience, or economic loss as a result of the Maui wildfires, and will offer a timely and compassionate resolution to those affected by the Maui wildfires while relieving the burden on the judicial system and contributing to the rebuilding of lives and community. The State's contribution to the settlement of claims will be distributed pursuant to the Maui wildfires settlement agreements.
Further, the legislature finds that the Maui wildfires settlement trust fund is recognized as a trust fund, where the claimants of the Maui wildfires settlement hold a vested beneficial interest that was established by a legislative appropriation that restricts the use of the trust fund exclusively for settling claims arising from the Maui wildfires and covering its administrative costs.
SECTION 2. Chapter 28, Hawaii Revised Statutes, is amended by adding to part I a new section to be appropriately designated and to read as follows:
"§28- Maui wildfires settlement trust fund. (a) There is established in the state treasury the Maui wildfires settlement trust fund, which shall be administered by the attorney general, and into which shall be deposited:
(1) Appropriations made by the legislature to the trust fund;
(2) All interest accruing from the investment of moneys in the trust fund; and
(3) Loans made to the trust fund.
(b) Moneys in the Maui wildfires settlement trust fund shall be used for the following purposes:
(1) Payment of eligible claims pursuant to the Maui wildfires settlement agreements; and
(2) Payment of administrative costs relating to the Maui wildfires settlement agreements.
(c) The Maui wildfires settlement trust fund shall be terminated upon payment of all claims and costs relating to settlement of claims under the Maui wildfires settlement agreements. Upon termination, moneys in the trust fund shall revert back to the State and shall lapse to the general fund, provided that any moneys advanced to the trust fund as a loan shall be repaid without interest.
(d) The director of finance may loan moneys to the Maui wildfires trust fund from the general, special, or revolving funds of the State which in the director of finance's judgment are in excess of the amounts necessary for the State's requirements and will not impede or hamper the necessary financial operations of the State. The loans shall be without interest. All loans shall be repaid upon demand of the director of finance.
(e) Upon approval of the governor, the attorney general may expend up to the balance in the trust fund for costs as authorized by this section.
(f) Any individual who receives compensation from the Maui wildfires settlement agreements under this Act shall execute a release that releases the State from any and all liabilities arising out of the Maui wildfires.
(g) The department of the attorney general shall submit a report to the legislature no later than thirty days prior to the convening of each regular session, which shall include their receipts and disbursements of the Maui wildfires settlement trust fund for the prior fiscal year."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $400,000,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the sum of $407,500,000 or so much thereof as may be necessary for fiscal year 2026-2027 to be deposited into the Maui wildfires settlement trust fund to fund the State's contribution to the settlement of claims related to the August 8, 2023, Maui wildfires and for the payment of administrative expenses relating to the Maui wildfires settlement agreements.
The sums appropriated shall be expended by the department of the attorney general.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act, upon its approval, shall take effect on July 1, 2025.
|
INTRODUCED BY: |
_____________________________ |
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|
BY REQUEST |
Report Title:
Maui Wildfires Settlement Trust Fund Established; General Fund
Description:
Makes general fund appropriations for fiscal years 2025-2026 and 2026-2027 to fund the settlement of claims related to the Maui wildfires. Establishes the Maui Wildfires Settlement Trust Fund to be administered by the Attorney General.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
Date
|
Status
|
|---|---|
| Jul 8, 2025 | Act 301, on 07/08/2025 (Gov. Msg. No. 1414). |
| Jul 8, 2025 | Act 301, 07/08/2025 (Gov. Msg. No. 1414). |
| May 1, 2025 | Transmitted to Governor. |
| May 2, 2025 | Received notice of passage on Final Reading in House (Hse. Com. No. 821). |
| May 1, 2025 | Received notice of Final Reading (Sen. Com. No. 888). |
| Apr 30, 2025 | Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Matayoshi excused (2). |
| Apr 30, 2025 | Passed Final Reading, as amended (CD 1). Ayes, 24; Aye(s) with reservations: none. Noes, 0 (none). Excused, 1 (Senator(s) McKelvey). |
| Apr 25, 2025 | 48 Hrs. Notice (as amended CD 1) 04-30-25 |
| Apr 25, 2025 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 249). |
| Apr 25, 2025 | Forty-eight (48) hours notice Wednesday, 04-30-25. |
| Apr 25, 2025 | Reported from Conference Committee (Conf Com. Rep. No. 249) as amended in (CD 1). |
| Apr 22, 2025 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Rhoads, Chang, Wakai; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa. |
| Apr 22, 2025 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 5 Ayes: Representative(s) Tarnas, Yamashita, Poepoe, Takenouchi, Garcia; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none. |
| Apr 21, 2025 | Conference Committee Meeting will reconvene on Tuesday 04-22-25 2:05PM in conference room 325. |
| Apr 17, 2025 | Conference Committee Meeting will reconvene on Monday 04-21-25 2:05PM in conference room 325. |
| Apr 16, 2025 | Bill scheduled for Conference Committee Meeting on Thursday, 04-17-25 3:46PM in conference room 325. |
| Apr 15, 2025 | Received notice of Senate conferees (Sen. Com. No. 788). |
| Apr 15, 2025 | Senate Conferees Appointed: Rhoads Chair; Chang, Wakai Co-Chairs; Awa. |
| Apr 15, 2025 | Received notice of appointment of House conferees (Hse. Com. No. 732). |
| Apr 14, 2025 | House Conferees Appointed: Tarnas, Yamashita Co-Chairs; Poepoe, Takenouchi, Garcia. |
| Apr 11, 2025 | Received notice of disagreement (Hse. Com. No. 704). |
| Apr 10, 2025 | House disagrees with Senate amendment (s). |
| Apr 8, 2025 | Returned from Senate (Sen. Com. No. 702) in amended form (SD 3). |
| Apr 8, 2025 | Report Adopted; Passed Third Reading, as amended (SD 3). Ayes, 24; Aye(s) with reservations: none. Noes, 0 (none). Excused, 1 (Senator(s) McKelvey). Transmitted to House. |
| Apr 4, 2025 | 48 Hrs. Notice 04-08-25. |
| Apr 4, 2025 | Reported from WAM (Stand. Com. Rep. No. 1838) with recommendation of passage on Third Reading, as amended (SD 3). |
| Apr 4, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WAM were as follows: 13 Aye(s): Senator(s) Dela Cruz, Moriwaki, Aquino, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Apr 4, 2025 | The committee on WAM reconsidered its previous decision. |
| Apr 2, 2025 | The committee(s) on WAM will hold a public decision making on 04-04-25 10:45AM; Conference Room 211 & Videoconference. |
| Apr 1, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. The votes in WAM were as follows: 12 Aye(s): Senator(s) Dela Cruz, Moriwaki, Aquino, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) DeCoite. |
| Mar 27, 2025 | The committee(s) on WAM will hold a public decision making on 04-01-25 10:01AM; Conference Room 211 & Videoconference. |
| Mar 21, 2025 | Report adopted, as amended (SD 2) and referred to WAM. |
| Mar 21, 2025 | Reported from EIG (Stand. Com. Rep. No. 1226), as amended (SD 2), with recommendation of referral to WAM. |
| Mar 18, 2025 | The committee(s) on EIG recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in EIG were as follows: 4 Aye(s): Senator(s) Wakai, Chang, DeCoite, Richards; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Fevella. |
| Mar 14, 2025 | The committee(s) on EIG has scheduled a public hearing on 03-18-25 3:01PM; Conference Room 016 & Videoconference. |
| Mar 14, 2025 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to EIG. |
| Mar 14, 2025 | Reported from JDC (Stand. Com. Rep. No. 1081) with recommendation of passage on Second Reading, as amended (SD 1) and referral to EIG. |
| Mar 11, 2025 | Re-Referred to JDC, EIG, WAM. |
| Mar 11, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura; Aye(s) with reservations: none ; 1 No(es): Senator(s) Awa; and 0 Excused: none. |
| Mar 10, 2025 | Re-Referred to JDC, EIG/WAM. |
| Mar 7, 2025 | The committee(s) on JDC has scheduled a public hearing on 03-11-25 9:45AM; Conference Room 016 & Videoconference. |
| Mar 4, 2025 | Referred to JDC, WAM. |
| Mar 4, 2025 | Passed First Reading. |
| Mar 4, 2025 | Received from House (Hse. Com. No. 137). |
| Feb 28, 2025 | Passed Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Pierick, Templo, Ward excused (4). Transmitted to Senate. |
| Feb 28, 2025 | Reported from FIN (Stand. Com. Rep. No. 980), recommending passage on Third Reading. |
| Feb 25, 2025 | The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 13 Ayes: Representative(s) Yamashita, Takenouchi, Grandinetti, Holt, Hussey, Keohokapu-Lee Loy, Kitagawa, Lamosao, Lee, M., Miyake, Morikawa, Templo, Alcos; Ayes with reservations: none; Noes: none; and 3 Excused: Representative(s) Kusch, Reyes Oda, Ward. |
| Feb 21, 2025 | Bill scheduled to be heard by FIN on Tuesday, 02-25-25 12:00PM in House conference room 308 VIA VIDEOCONFERENCE. |
| Feb 14, 2025 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Matayoshi, Poepoe, Ward excused (4). |
| Feb 14, 2025 | Reported from JHA (Stand. Com. Rep. No. 688) as amended in HD 1, recommending passage on Second Reading and referral to FIN. |
| Feb 12, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Perruso, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Cochran. |
| Feb 7, 2025 | Bill scheduled to be heard by JHA on Wednesday, 02-12-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Jan 23, 2025 | Referred to JHA, FIN, referral sheet 3 |
| Jan 23, 2025 | Introduced and Pass First Reading. |
| Jan 21, 2025 | Pending introduction. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Apr 30, 2025 | Final Reading | House Floor |
Passed |
|
| Apr 30, 2025 | Final Reading | Senate Floor |
Passed |
|
| Apr 8, 2025 | Third Reading | Senate Floor |
Passed |
|
| Apr 4, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Ways and Means |
Passed |
|
| Apr 1, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Ways and Means |
Passed |
|
| Mar 18, 2025 | The committee(s) on EIG recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Energy and Intergovernmental Affairs |
Passed |
|
| Mar 11, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
|
| Feb 28, 2025 | Third Reading | House Floor |
Passed |
|
| Feb 25, 2025 | The committee on FIN recommend that the measure be PASSED, UNAMENDED | House Standing Committee on Finance |
Passed |
|
| Feb 12, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Department of the Attorney General | ** Support | |
| Department of the Attorney General | *** Support | Mar 31, 2025 |
| Hawaii Association for Justice | *** Support | Mar 31, 2025 |
| Kingdom of The Hawaiian Islands | *** Support | Mar 11, 2025 |
| Maui County Council | *** Support | Mar 31, 2025 |
| Office of the Governor | *** Support | Mar 18, 2025 |
| Office of the Governor | ** Support | |
| Ohana Unity Party | *** Support | Mar 11, 2025 |
CONFERENCE COMMITTEE REP. NO. 249
Honolulu, Hawaii
, 2025
RE: H.B. No. 1001
H.D. 1
S.D. 3
C.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madam and Sir:
Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1001, H.D. 1, S.D. 3, entitled:
"A BILL FOR AN ACT RELATING TO SETTLEMENT OF CLAIMS RELATED TO THE MAUI WILDFIRES,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to establish, and appropriate funds to, the Maui Wildfires Settlement Trust Fund to pay eligible claims pursuant to the Maui wildfires settlement agreements.
Your Committee on Conference has amended this measure by:
(1) Appropriating $400,000,000 for fiscal year 2025-2026 and $407,500,000 for fiscal year 2026-2027 to be deposited into the Maui Wildfires Settlement Trust Fund to fund the State's contribution to the settlement of claims related to the 2023 Maui wildfires and for the payment of administrative expenses relating to the Maui wildfires settlement agreements;
(2) Changing the effective date to July 1, 2025; and
(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1001, H.D. 1, S.D. 3, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1001, H.D. 1, S.D. 3, C.D. 1.
Respectfully submitted on behalf of the managers:
|
ON THE PART OF THE SENATE |
|
ON THE PART OF THE HOUSE |
|
____________________________ KARL RHOADS Chair |
|
____________________________ DAVID A. TARNAS Co-Chair |
|
____________________________ STANLEY CHANG Co-Chair |
|
____________________________ KYLE T. YAMASHITA Co-Chair |
|
____________________________ GLENN WAKAI Co-Chair |
|
|
|
|
|
|
STAND. COM. REP. NO. 1838
Honolulu, Hawaii
RE: H.B. No. 1001
H.D. 1
S.D. 3
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Ways and Means, to which was referred H.B. No. 1001, H.D. 1, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO SETTLEMENT OF CLAIMS RELATED TO THE MAUI WILDFIRES,"
begs leave to report as follows:
The purpose and intent of this measure is to provide a timely and compassionate resolution to those affected by the 2023 Maui wildfires.
Specifically, this measure:
(1) Establishes the Maui wildfires settlement trust fund, to be administered by the Attorney General; and
(2) Appropriates moneys to fund the settlement of claims related to the 2023 Maui wildfires.
Your Committee written comments in support of this measure from the Office of the Governor, Attorney General, Chairperson of the County Council for the County of Maui, and Hawaii Association for Justice.
Your Committee received written comments on this measure from the Tax Foundation of Hawaii.
Your Committee finds that the 2023 Maui wildfires had a devastating impact on the residents of Maui. Your Committee further finds that encouraging a swift and fair resolution to claims arising from this tragic event will help to alleviate the burden on the judicial system and foster community support, unity, and recovery.
Your Committee also notes the previous work of your Committee on Energy and Intergovernmental Affairs on this measure, and the Committee's recognition of concerns from both legislators and the public regarding the long-term financial ability of other defendant parties to timely fulfill their obligations under the Maui wildfires settlement agreements.
To address these concerns and to ensure that state funds would be expended prudently, your Committee on Energy and Intergovernmental Affairs amended this measure to:
(1) Require each defendant party, other than the State, to submit to the Attorney General a plan and evidence of the respective defendant's ability to pay its share of the settlement; and
(2) Require all defendant parties, other than the State, to pay their share of the settlement into escrow accounts before the State releases its share of the settlement.
Your Committee shares the same concerns that were expressed by your Committee on Energy and Intergovernmental Affairs and wants to ensure that all defendants named in the settlement can equitably pay their portion of the settlement in a timely manner.
Your Committee further notes that the Administration did not provide periodic updates to the Legislature on the progress of the global settlement negotiations as they were being conducted. Your Committee believes that more transparency is needed to make it clear that all parties to the settlement will adhere to the terms of the settlement.
However, your Committee notes the testimony of the Attorney General, which expressed concern that the amended language was inconsistent with the terms and conditions set forth in the settlement agreements. Accordingly, your Committee has amended this measure by removing language that would have required:
(1) Each defendant party to the settlement, except the State, to:
(A) Submit a plan and evidence to the Attorney General of the defendant's ability to pay its share of the settlement as the payments became due under the settlement; and
(B) Pay into an escrow account the defendant's share of the settlement thirty days before the payments became due under the settlement agreement;
(2) All other defendant parties to pay their share of the settlement before the State released its share of the settlement; and
(3) The Attorney General to deposit certain percentages of moneys into the Maui wildfires settlement trust fund based on the amounts of moneys other defendant parties disbursed for the settlement.
Your Committee respectfully requests that, if a Committee on Conference convenes to deliberate on this measure, the Committee on Conference consider the testimony of the Attorney General, which requested general fund appropriations of $400,000,000 for fiscal year 2025-2026 and $407,500,000 for fiscal year 2026-2027, to be deposited into the Maui wildfires settlement trust fund
As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1001, H.D. 1, S.D. 2, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1001, H.D. 1, S.D. 3.
Respectfully submitted on behalf of the members of the Committee on Ways and Means,
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________________________________ DONOVAN M. DELA CRUZ, Chair |
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STAND. COM. REP. NO. 1226
Honolulu, Hawaii
RE: H.B. No. 1001
H.D. 1
S.D. 2
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Energy and Intergovernmental Affairs, to which was referred H.B. No. 1001, H.D. 1, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO SETTLEMENT OF CLAIMS RELATED TO THE MAUI WILDFIRES,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Establish the Maui Wildfires Settlement Trust Fund to be administered by the Attorney General; and
(2) Appropriate funds to fund the settlement of claims related to the 2023 Maui wildfires.
Your Committee received testimony in support of this measure from the Office of the Governor, Department of the Attorney General, one member of the Maui County Council, and Hawaii Association for Justice.
Your Committee received comments on this measure from the Tax Foundation of Hawaii.
Your Committee finds that the Maui wildfires settlement agreements reached in November 2024 consolidated and settled numerous claims arising from the 2023 Maui wildfires against the State and other defendant parties, including the County of Maui, Hawaiian Electric, Kamehameha Schools, Charter Communications/Spectrum, Hawaiian Telcom, and West Maui Land Company. Your Committee recognizes that it is in the public interest to resolve these claims and release the State from other potential liabilities arising from the 2023 Maui wildfires. Your Committee further finds that the proposed terms of the Maui wildfires settlement agreements require all defendants to pay $4,037,000,000, with the State to contribute approximately $807,500,000 over a period of four years. Your Committee notes that although the allocation of funds and the determination of individual compensation amounts have yet to be finalized, this measure would provide expedited financial relief to approximately two thousand two hundred affected individuals and families who filed lawsuits related to the 2023 Maui Wildfires.
Your Committee further notes public concerns regarding the long-term financial ability of all other defendant parties to timely fulfill their obligations under the Maui wildfires settlement agreements reached in November 2024. Your Committee finds it is prudent to ensure all other defendant parties pay their share before the State pays into the settlement fund. Amendments to this measure are therefore necessary to address this issue.
Accordingly, your Committee has amended this measure by:
(1) Requiring all other defendant parties to the settlement to submit to the Attorney General a plan, and evidence, of their ability to pay their share of the settlement as the payments become due under the settlement agreement, subject to approval of the Attorney General, within thirty days of the effective date of this measure;
(2) Requiring all other defendant parties to the settlement to deposit their share of the settlement thirty days before the payments become due under the settlement agreement into an escrow account, under escrow instructions satisfactory to the Attorney General;
(3) Requiring all other defendants' shares of the settlement to be paid before the State agrees to release its share of the settlement; and
(4) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Energy and Intergovernmental Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1001, H.D. 1, S.D. 1, as amended herein, and recommends that it be referred to your Committee on Ways and Means, in the form attached hereto as H.B. No. 1001, H.D. 1, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Energy and Intergovernmental Affairs,
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________________________________ GLENN WAKAI, Chair |
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STAND. COM. REP. NO. 1081
Honolulu, Hawaii
RE: H.B. No. 1001
H.D. 1
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred H.B. No. 1001, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO SETTLEMENT OF CLAIMS RELATED TO THE MAUI WILDFIRES,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Establish the Maui Wildfires Settlement Trust Fund to be administered by the Attorney General; and
(2) Appropriate funds to fund the settlement of claims related to the 2023 Maui wildfires.
Your Committee received testimony in support of this measure from the Department of the Attorney General, one member of the Maui County Council, and one individual.
Your Committee received comments on this measure from the Tax Foundation of Hawaii.
Your Committee finds that the Maui wildfire settlement agreements reached in November 2024 aim to provide swift financial relief to approximately two thousand two hundred affected parties who filed lawsuits following the 2023 Maui wildfires. Your Committee further finds that the Maui wildfire settlement agreements resolve claims against multiple defendants, including the State, County of Maui, and several major corporations. Your Committee believes that providing a timely resolution to the lawsuits relating to the 2023 Maui wildfires will set a positive precedent for efficient disaster response and resolution of claims while demonstrating the State's ability to coordinate quickly to respond to disaster and develop solutions in times of crisis. This measure will provide timely relief to the victims of the 2023 Maui wildfires, promote economic stability, and allow Maui to focus on healing, rebuilding, and moving forward in its recovery efforts, rather than enduring years of contentious legal battles.
Your Committee has amended this measure by:
(1) Inserting legislative findings specifying that the Hawaii Supreme Court recently decided in Matter of Petition for Coordination of Maui Fire Cases that property and casualty insurance companies may only recover payments made to policyholders for Maui wildfire damages using a statutory lien, and that this limitation on the subrogation remedies available to insurers will allow the settlement to proceed as planned; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1001, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1001, H.D. 1, S.D. 1, and be referred to your Committee on Energy and Intergovernmental Affairs.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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________________________________ KARL RHOADS, Chair |
STAND. COM. REP. NO. 980
Honolulu, Hawaii
, 2025
RE: H.B. No. 1001
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Finance, to which was referred H.B. No. 1001, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO SETTLEMENT OF CLAIMS RELATED TO THE MAUI WILDFIRES,"
begs leave to report as follows:
As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1001, H.D. 1, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Finance,
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____________________________ KYLE T. YAMASHITA, Chair |
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STAND. COM. REP. NO. 688
Honolulu, Hawaii
, 2025
RE: H.B. No. 1001
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1001 entitled:
"A BILL FOR AN ACT RELATING TO SETTLEMENT OF CLAIMS RELATED TO THE MAUI WILDFIRES,"
begs leave to report as follows:
Your Committee received testimony in support of this measure from the Department of the Attorney General and one member of the Maui County Council. Your Committee received comments on this measure from Tax Foundation of Hawaii.
Your Committee finds that this measure establishes the Maui Wildfires Settlement Trust Fund to provide timely and fair compensation to victims of the devastating Maui wildfires of August 8, 2023. The Trust Fund is designed to settle claims related to property damage, personal injury, emotional distress, and economic loss, with contributions from the State and other entities like Maui County and utility companies. The goal is to offer an alternative to lengthy litigation, expedite compensation, and ease the burden on the judicial system, while fostering community recovery. The State will contribute $807,500,000 for fiscal biennium 2025-2027 to the Trust Fund, which will be managed by the Attorney General, with regular legislative oversight to ensure transparency and efficient use of the funds.
Your Committee has amended this measure by:
(1) Changing the appropriation to unspecified amounts;
(2) Changing the effective date to July 1, 3000, to encourage further discussion; and
(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
Your Committee respectfully requests your Committee on Finance, should it deliberate on this measure, to consider an appropriation amount of $400,000,000 for fiscal year 2025-2026 and $407,500,000 for fiscal year 2026-2027.
As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1001, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1001, H.D. 1, and be referred to your Committee on Finance.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
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____________________________ DAVID A. TARNAS, Chair |
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Date
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Testimony PDF
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| Mar 31, 2025 | HB1001_SD2_TESTIMONY_WAM_04-01-25_.PDF |
| Mar 18, 2025 | HB1001_SD1_TESTIMONY_EIG_03-18-25_.PDF |
| Mar 11, 2025 | HB1001_HD1_TESTIMONY_JDC_03-11-25_.PDF |
| Feb 25, 2025 | HB1001_HD1_TESTIMONY_FIN_02-25-25_.PDF |
| Feb 12, 2025 | HB1001_TESTIMONY_JHA_02-12-25_.PDF |
Discussed in Hearing
5MIN
Conference Committee
1MIN
Conference Committee
2MIN
Conference Committee
7MIN
Senate Standing Committee on Ways and Means
15MIN
Senate Standing Committee on Government Operations
15MIN
Senate Standing Committee on Energy and Intergovernmental Affairs
1MIN
Senate Standing Committee on Judiciary
1MIN
House Standing Committee on Finance
Bill Author
Bill Co-Author(s):