§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; L 2012, c 2, §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; 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;
(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 starting with fiscal year 2013-2014, the amount to be appropriated to the university revenue-undertakings fund shall be reduced to twenty-seven per cent; provided further that starting with fiscal year 2014-2015, the amount shall be reduced to twenty-six per cent; provided further that any moneys in excess of the amount required under this paragraph shall be transferred in the succeeding fiscal year to the general fund; and
(5) Twenty-five and one-half per cent shall be deposited to the credit of the state general fund; provided that the one per cent reduction in the appropriation to the university revenue-undertakings fund for fiscal year 2013-2014 under paragraph (4) shall be deposited to the credit of the general fund in addition to the twenty-five and one-half per cent of Hawaii tobacco settlement special fund moneys deposited pursuant to this paragraph; provided further that the one per cent reduction in the appropriation to the university revenue-undertakings fund for fiscal year 2014-2015 under paragraph (4) shall be deposited to the credit of the general fund in addition to the twenty-six and one-half per cent of Hawaii tobacco settlement special fund moneys deposited pursuant to this paragraph;
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; am L 2012, c 2, §2]
Note
Transfer of certain interest earnings to general fund until June 30, 2015. L 2009, c 79, §30(a)(29).
University of Hawaii revenue, expenditure, and financial plan; reports to legislature through 2015. L 2012, c 2, §§3, 4.
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.