§328L-2  Hawaii tobacco settlement special
fund.  (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 the
investment of moneys in the fund;



provided that of all tobacco settlement moneys
received by the State each fiscal year, the sum representing the first $350,000
of those moneys shall first be deposited in the state treasury in each fiscal
year 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.]  The
fund shall be used for the purpose of receiving, allocating, and appropriating
the tobacco settlement moneys as follows:



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



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



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



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



(5)  Twenty-five and one-half per cent shall be
deposited to the credit of the state general fund. [L 1999, c 304, pt of §2; am
L 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  Section 304A-2167 referred to in subsection (b)(4) is repealed.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 until
June 30, 2015. L 2009, c 79, §30(a)(29).



 



Case Notes



 



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