Hawaii Revised Statutes
245. Cigarette Tax and Tobacco Tax Law
245-15 Disposition of revenues.

§245-15 Disposition of revenues. All moneys collected pursuant to this chapter shall be paid into the state treasury as state realizations to be kept and accounted for as provided by law; provided that, of the moneys collected under the tax imposed pursuant to:
(1) Section 245-3(a)(5), after September 30, 2006, and prior to October 1, 2007, 1.0 cent per cigarette shall be deposited to the credit of the Hawaii cancer research special fund, established pursuant to section 304A-2168, for research and operating expenses and for capital expenditures;
(2) Section 245-3(a)(6), after September 30, 2007, and prior to October 1, 2008:
(A) 1.5 cents per cigarette shall be deposited to the credit of the Hawaii cancer research special fund, established pursuant to section 304A-2168, for research and operating expenses and for capital expenditures;
(B) 0.25 cents per cigarette shall be deposited to the credit of the trauma system special fund established pursuant to section 321-22.5; and
(C) 0.25 cents per cigarette shall be deposited to the credit of the emergency medical services special fund established pursuant to section 321-234;
(3) Section 245-3(a)(7), after September 30, 2008, and prior to July 1, 2009:
(A) 2.0 cents per cigarette shall be deposited to the credit of the Hawaii cancer research special fund, established pursuant to section 304A-2168, for research and operating expenses and for capital expenditures;
(B) 0.5 cents per cigarette shall be deposited to the credit of the trauma system special fund established pursuant to section 321-22.5;
(C) 0.25 cents per cigarette shall be deposited to the credit of the community health centers special fund established pursuant to section 321-1.65; and
(D) 0.25 cents per cigarette shall be deposited to the credit of the emergency medical services special fund established pursuant to section 321-234;
(4) Section 245-3(a)(8), after June 30, 2009, and prior to July 1, 2013:
(A) 2.0 cents per cigarette shall be deposited to the credit of the Hawaii cancer research special fund, established pursuant to section 304A-2168, for research and operating expenses and for capital expenditures;
(B) 0.75 cents per cigarette shall be deposited to the credit of the trauma system special fund established pursuant to section 321-22.5;
(C) 0.75 cents per cigarette shall be deposited to the credit of the community health centers special fund established pursuant to section 321-1.65; and
(D) 0.5 cents per cigarette shall be deposited to the credit of the emergency medical services special fund established pursuant to section 321-234;
(5) Section 245-3(a)(11), after June 30, 2013, and prior to July 1, 2015:
(A) 2.0 cents per cigarette shall be deposited to the credit of the Hawaii cancer research special fund, established pursuant to section 304A-2168, for research and operating expenses and for capital expenditures;
(B) 1.5 cents per cigarette shall be deposited to the credit of the trauma system special fund established pursuant to section 321-22.5;
(C) 1.25 cents per cigarette shall be deposited to the credit of the community health centers special fund established pursuant to section 321-1.65; and
(D) 1.25 cents per cigarette shall be deposited to the credit of the emergency medical services special fund established pursuant to section 321-234; and
(6) Section 245-3(a)(11), after June 30, 2015, and thereafter:
(A) 2.0 cents per cigarette shall be deposited to the credit of the Hawaii cancer research special fund, established pursuant to section 304A-2168, for research and operating expenses and for capital expenditures;
(B) 1.125 cents per cigarette, but not more than $7,400,000 in a fiscal year, shall be deposited to the credit of the trauma system special fund established pursuant to section 321-22.5;
(C) 1.25 cents per cigarette, but not more than $8,800,000 in a fiscal year, shall be deposited to the credit of the community health centers special fund established pursuant to section 321-1.65; and
(D) 1.25 cents per cigarette, but not more than $8,800,000 in a fiscal year, shall be deposited to the credit of the emergency medical services special fund established pursuant to section 321-234.
The department shall provide an annual accounting of these dispositions to the legislature. [L 1939, c 220, §16; RL 1945, §5765; RL 1955, §125-15; HRS §245-15; am L 2000, c 249, § §10, 20(2); am L 2001, c 270, §6; am L 2002, c 94, §3; am L 2006, c 316, §8; am L 2007, c 102, §2; am L 2008, c 84, §1; am L 2009, c 56, §2 and c 58, §4; am L 2010, c 192, §28; am L 2015, c 238, §2]

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 14. Taxation

245. Cigarette Tax and Tobacco Tax Law

245-1 Definitions.

245-2 License.

245-2.5 Retail tobacco permit.

245-2.6 Unlawful tobacco retailing in the first degree. (a) Beginning March 1, 2007, a person or entity required to obtain a retail tobacco permit commits the offense of unlawful tobacco retailing in the first degree if the person or entity knowingly...

245-2.7 Unlawful tobacco retailing in the second degree. (a) Beginning March 1, 2007, a person or entity required to obtain a retail tobacco permit commits the offense of unlawful tobacco retailing in the second degree if the person or entity reckles...

245-3 Taxes.

245-4 REPEALED.

245-5 Returns.

245-6 Payment of taxes; penalties.

245-7 Determination of taxes; additional assessments, credits, and refunds.

245-8 Records to be kept.

245-9 Inspection.

245-10 Appeals.

245-11 Chapter 235 and chapter 237 applicable.

245-12 Investigations; contempts; fees.

245-13 Administration by director; rules and regulations.

245-14 REPEALED.

245-15 Disposition of revenues.

245-16 Unlawful shipment of cigarettes; penalty; reports; liability for unpaid taxes.

245-17 Delivery sales.

245-21 Payment of tax through use of stamps; exemptions.

245-22 Affixation; required prior to distribution; method and manner.

245-22.5 Prohibition against stamping or sale of cigarettes not listed in the directory pursuant to chapter 486P.

245-23 Department to furnish stamps; designs, specifications, and denominations.

245-24 Sales through financial institutions.

245-25 Purchase of stamps; when; by licensee or designee.

245-26 Price; payment; deferred payment purchases.

245-27 Maximum amount of deferred-payment purchases; bond.

245-28 Time for payment of deferred-payment purchases; manner of payment.

245-29 Suspension or reduction of privilege to purchase on deferred-payment basis.

245-30 Penalty for failure to make timely payment.

245-31 REPEALED.

245-32 Tax refund or credit for cigarettes and tobacco products shipped for sale or use outside the State.

245-33 Unused stamps; cancellation of stamps.

245-34 Approval of department required for transfer of stamps.

245-35 Unlicensed possession or use of stamps.

245-36 Counterfeiting stamps.

245-37 Sale or purchase of packages of cigarettes without stamps; fines and penalties.

245-38 Vending unstamped cigarettes.

245-39 Penalty exemptions; presumptions.

245-40 Forfeitures; disposition.

245-41 Enforcement; injunction; disposition of fines.

245-41.5 Cigarette tax stamp administrative special fund.

245-42 Rules.

245-51 Export and foreign cigarettes prohibited.

245-52 Alteration of packaging prohibited.

245-53 Criminal penalties for illegal sale of export or foreign cigarettes.

245-54 Confiscation and seizure of illegal export or foreign cigarettes.

245-55 Forfeiture.

245-56 Affixing of cigarette tax stamps to export cigarettes or altered packages prohibited.

245-57 Documentation of foreign cigarettes.

245-58 Illegal sale of export or foreign cigarettes; revocation or suspension of license; civil penalties.

245-59 Unfair trade practices.

245-60 Deceptive cigarette sales.

245-61 Enforcement.

245-62 Applicability.

245-63 Penalties cumulative.