§ 71-2490 — Nebraska Opioid Recovery Trust Fund; created; use; investment

(1) The Nebraska Opioid Recovery Trust Fund is created. The fund shall include all recoveries received on behalf of the state by the Department of Justice pursuant to the Consumer Protection Act or the Uniform Deceptive Trade Practices Act related to the advertising of opioids. The fund shall include any money, payments, or other things of value in the nature of civil damages or other payment, except criminal penalties, whether such recovery is by way of verdict, judgment, compromise, or settlement in or out of court, of any case or controversy pursuant to such acts. The Department of Justice shall remit any such revenue to the State Treasurer for credit to the Nebraska Opioid Recovery Trust Fund.
(2) Any funds appropriated, expended, or distributed from the Nebraska Opioid Recovery Trust Fund shall be spent in accordance with the terms of any verdict, judgment, compromise, or settlement in or out of court, of any case or controversy brought by the Attorney General pursuant to the Consumer Protection Act or the Uniform Deceptive Trade Practices Act.
(3) The Nebraska Opioid Recovery Trust Fund shall exclude funds held in a trust capacity where specific benefits accrue to specific individuals, organizations, political subdivisions, or governments. Such excluded funds shall be deposited in the State Settlement Trust Fund pursuant to section 59-1608.05 .
(4)(a) Any money transferred from the Nebraska Opioid Recovery Trust Fund shall be expended in accordance with the terms and conditions of the litigation or settlement from which the money was received.
(b) The State Treasurer shall transfer the following amounts from the Nebraska Opioid Recovery Trust Fund on or after July 1, 2024, but before July 15, 2024, and on or after July 1 but before July 15 of each year thereafter:
(i) One million one hundred twenty-five thousand dollars to the Training Division Cash Fund to connect first responders to behavioral health services, supports, and training and for a statewide wellness learning plan that includes anonymous assessments, education, and awareness to promote resiliency development;
(ii) Four hundred thousand dollars to the Health and Human Services Cash Fund for staff to carry out the Overdose Fatality Review Teams Act;
(iii) Three million dollars to the Opioid Prevention and Treatment Cash Fund for purposes of the Opioid Prevention and Treatment Act; and
(iv) An amount determined by the Legislature to the Opioid Treatment Infrastructure Cash Fund.
(c) It is the intent of the Legislature that, of the total settlement funds received by the State of Nebraska and transferred from the Nebraska Opioid Recovery Trust Fund to the Opioid Prevention and Treatment Cash Fund and to the Opioid Treatment Infrastructure Cash Fund, twenty-five percent of such funds are transferred to the Opioid Prevention and Treatment Cash Fund and seventy-five percent of such funds are transferred to the Opioid Treatment Infrastructure Cash Fund.
(5) Any money in the Nebraska Opioid Recovery Trust Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Legislative History

Source: Laws 2020, LB1124, § 6; Laws 2024, LB1355, § 10. Cross References: Consumer Protection Act, see section 59-1623. Nebraska Capital Expansion Act, see section 72-1269. Nebraska State Funds Investment Act, see section 72-1260. Overdose Fatality Review Teams Act, see section 71-3422. Uniform Deceptive Trade Practices Act, see section 87-306.