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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 866
Introduced by Ballard, 21.
Read first time January 08, 2026
Committee: Health and Human Services
A BILL FOR AN ACT relating to public health and welfare; to amend section1
71-2490, Revised Statutes Cumulative Supplement, 2024; to provide2
for transfers from the Nebraska Opioid Recovery Trust Fund; to3
create a fund; to provide powers and duties for the Attorney General4
related to fentanyl and other drugs; to repeal the original section;5
and to declare an emergency. 6
Be it enacted by the people of the State of Nebraska,7
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Section 1. Section 71-2490, Revised Statutes Cumulative Supplement,1
2024, is amended to read: 2
71-2490 (1) The Nebraska Opioid Recovery Trust Fund is created. The3
fund shall include all recoveries received on behalf of the state by the4
Department of Justice pursuant to the Consumer Protection Act or the5
Uniform Deceptive Trade Practices Act related to the advertising of6
opioids. The fund shall include any money, payments, or other things of7
value in the nature of civil damages or other payment, except criminal8
penalties, whether such recovery is by way of verdict, judgment,9
compromise, or settlement in or out of court, of any case or controversy10
pursuant to such acts. The Department of Justice shall remit any such11
revenue to the State Treasurer for credit to the Nebraska Opioid Recovery12
Trust Fund. 13
(2) Any funds appropriated, expended, or distributed from the14
Nebraska Opioid Recovery Trust Fund shall be spent in accordance with the15
terms of any verdict, judgment, compromise, or settlement in or out of16
court, of any case or controversy brought by the Attorney General17
pursuant to the Consumer Protection Act or the Uniform Deceptive Trade18
Practices Act. 19
(3) The Nebraska Opioid Recovery Trust Fund shall exclude funds held20
in a trust capacity where specific benefits accrue to specific21
individuals, organizations, political subdivisions, or governments. Such22
excluded funds shall be deposited in the State Settlement Trust Fund23
pursuant to section 59-1608.05. 24
(4)(a) Any money transferred from the Nebraska Opioid Recovery Trust25
Fund shall be expended in accordance with the terms and conditions of the26
litigation or settlement from which the money was received.27
(b) The State Treasurer shall transfer the following amounts from28
the Nebraska Opioid Recovery Trust Fund on or after July 1, 2024, but29
before July 15, 2024, and on or after July 1 but before July 15 of each30
year thereafter: 31
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(i) One million one hundred twenty-five thousand dollars to the1
Training Division Cash Fund to connect first responders to behavioral2
health services, supports, and training and for a statewide wellness3
learning plan that includes anonymous assessments, education, and4
awareness to promote resiliency development; 5
(ii) Four hundred thousand dollars to the Health and Human Services6
Cash Fund for staff to carry out the Overdose Fatality Review Teams Act;7
(iii) Three million dollars to the Opioid Prevention and Treatment8
Cash Fund for purposes of the Opioid Prevention and Treatment Act; and9
(iv) An amount determined by the Legislature to the Opioid Treatment10
Infrastructure Cash Fund; and . 11
(v) An amount determined by the Legislature to the Drug Detection12
and Prevention Cash Fund for purposes of section 2 of this act.13
(c) It is the intent of the Legislature that, of the total14
settlement funds received by the State of Nebraska and transferred from15
the Nebraska Opioid Recovery Trust Fund to the Opioid Prevention and16
Treatment Cash Fund and to the Opioid Treatment Infrastructure Cash Fund,17
twenty-five percent of such funds are transferred to the Opioid18
Prevention and Treatment Cash Fund and seventy-five percent of such funds19
are transferred to the Opioid Treatment Infrastructure Cash Fund.20
(5) Any money in the Nebraska Opioid Recovery Trust Fund available21
for investment shall be invested by the state investment officer pursuant22
to the Nebraska Capital Expansion Act and the Nebraska State Funds23
Investment Act. 24
Sec. 2. (1) The Drug Detection and Prevention Cash Fund is created.25
The fund shall be administered by the Attorney General and shall consist26
of any amount transferred to the fund by the Legislature. It is the27
intent of the Legislature not to transfer any General Funds to the Drug28
Detection and Prevention Cash Fund. No portion of the principal of the29
fund shall be expended for any purpose except investment pursuant to this30
section. 31
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(2) The Drug Detection and Prevention Cash Fund shall be used to1
support statewide law enforcement efforts to detect, prevent, and respond2
to illegal fentanyl activity and other illicit drug activity, including,3
but not limited to: 4
(a) Acquisition of drug detection, testing, and analytical5
technology; 6
(b) Support for multijurisdictional task forces and cross-agency7
operations directed at tracking and distribution of fentanyl and other8
illicit drugs; 9
(c) Public safety and community education initiatives related to10
risk awareness and overdose prevention strategies regarding fentanyl and11
other illicit drugs coordinated with law enforcement activity; and12
(d) Any other purpose the Attorney General determines is necessary13
to reduce the surplus of illegal fentanyl or other illicit drugs in14
Nebraska or to support related law enforcement efforts.15
(3) Any money in the Drug Detection and Prevention Cash Fund16
available for investment shall be invested by the state investment17
officer pursuant to the Nebraska Capital Expansion Act and the Nebraska18
State Funds Investment Act. 19
Sec. 3. Original section 71-2490, Revised Statutes Cumulative20
Supplement, 2024, is repealed. 21
Sec. 4. Since an emergency exists, this act takes effect when22
passed and approved according to law. 23
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