§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, 2015.  L 2009, c 119, §6; L 2010, c 138, §2.]  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; provided that for fiscal years 2012 and 2013, this percentage shall be deposited into the general fund;

     (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; provided that for fiscal years 2012 and 2013, this percentage shall be deposited into the general fund; and

     (4)  Twenty-eight per cent shall be appropriated into the university revenue-undertakings fund created in section 304A-2167.5 to be applied solely 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; provided that any moneys in excess of the amount required to pay principal of and interest on, and to generate required coverage, if any, for such revenue bonds in any fiscal year, shall be transferred as follows:  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;

in the succeeding fiscal year. [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 2008, c 16, §22; am L 2009, c 119, §2; am L 2011, c 124, §59]

 

Note

 

  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.