2010 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 19. HEALTH
328L. Hawaii Tobacco Settlement Moneys
§328L-2 Hawaii tobacco settlement special fund.

§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]

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.