§328L-2  Hawaii tobacco settlement specialfund.  (a)  There is established in the state treasury the Hawaii tobacco settlement special fund into which shall be deposited:

(1)  All tobacco settlement moneys; and

(2)  All interest and earnings accruing from theinvestment of moneys in the fund;

provided that of all tobacco settlement moneysreceived by the State each fiscal year, the sum representing the first $350,000of those moneys shall first be deposited in the state treasury in each fiscalyear to the credit of the tobacco enforcement special fund.  The Hawaii tobacco settlement special fund shall be administered by the department.

(b)  [Repeal and reenactment on June 30,2011 by L 2008, c 16, §22 and on June 30, 2015 by L 2009, c 119, §6.]  Thefund shall be used for the purpose of receiving, allocating, and appropriatingthe tobacco settlement moneys as follows:

(1)  Fifteen per cent shall be appropriated into theemergency and budget reserve fund under section 328L-3;

(2)  Twenty-five per cent shall be appropriated to thedepartment for purposes of section 328L-4;

(3)  Six and one-half per cent shall be appropriatedinto the Hawaii tobacco prevention and control trust fund under section 328L-5;and

(4)  Twenty-eight per cent shall be appropriated intothe university revenue-undertakings fund created in section 304A-2167.5 to beapplied to the payment of the principal of and interest on, and to generaterequired coverage, if any, for, revenue bonds issued by the board of regents ofthe University of Hawaii to finance the cost of construction of a universityhealth and wellness center, including a new medical school facility, to besituated on the island of Oahu, for the succeeding fiscal year; and the paymentof annual operating expenses incurred by the new medical school facility;provided that any moneys in excess of the amounts required under this paragraphshall be transferred in the succeeding fiscal year to the emergency and budgetreserve fund under section 328L-3; and

(5)  Twenty-five and one-half per cent shall bedeposited to the credit of the state general fund. [L 1999, c 304, pt of §2; amL 2001, c 270, §11; am L Sp 2001 3d, c 14, §2; am L 2003, c 177, §6 and c 178,§57; am L 2006, c 75, §11; am L 2007, c 264, §§1, 4; am L 2009, c 119, §2]

 

Note

 

  Section 304A-2167 referred to in subsection (b)(4) is repealed. For present provision, see §304A-2167.5.

  Transfer of certain interest earnings to general fund untilJune 30, 2015. L 2009, c 79, §30(a)(29).

 

Case Notes

 

  Where plaintiffs, Hawai‘imedicaid recipients who suffered from tobacco-related illnesses, alleged thatstate officials violated and continued to violate federal disbursement rulesfor medicaid recovery:  plaintiffs had standing; plaintiffs' claims were ripefor adjudication; suit not barred by sovereign immunity under the EleventhAmendment; plain language of amendment to federal medicaid statute barredplaintiffs' claims to any portion of master settlement agreement funds.  311F.3d 929.