LB1355A LB1355A
2024 2024
LEGISLATIVE BILL 1355A
Approved by the Governor April 16, 2024
Introduced by Vargas, 7.
A BILL FOR AN ACT relating to appropriations; to amend Laws 2023, LB227A,
section 1; Laws 2023, LB814, sections 80 and 304; and sections 66 and 111,
Legislative Bill 1412, One Hundred Eighth Legislature, Second Session,
2024; to transfer funds, appropriate funds, and change appropriations to
aid in carrying out the provisions of Legislative Bill 1355, One Hundred Eighth Legislature, Second Session, 2024; to harmonize provisions; to provide an operative date; to repeal the original sections; and to declare an emergency.
Be it enacted by the people of the State of Nebraska,
Section 1. The State Treasurer shall transfer $9,000,000 from the Nebraska Opioid Recovery Trust Fund to the Opioid Treatment Infrastructure Cash Fund on or after July 1, 2024, but before July 15, 2024.
Sec. 2. There is hereby appropriated (1) $-0- from the Opioid Treatment Infrastructure Cash Fund for FY2023-24 and (2) $159,649 from the Opioid Treatment Infrastructure Cash Fund for FY2024-25 to the Department of Health and Human Services, for Program 33, to aid in carrying out the provisions of
Legislative Bill 1355, One Hundred Eighth Legislature, Second Session, 2024.
Total expenditures for permanent and temporary salaries and per diems from funds appropriated in this section shall not exceed $-0- for FY2023-24 or
$118,258 for FY2024-25.
Sec. 3. There is hereby appropriated (1) $-0- from the General Fund for FY2023-24 and (2) $250,000 from the General Fund for FY2024-25 to the Board of
Regents of the University of Nebraska, for Program 781, to aid in carrying out the provisions of Legislative Bill 1355, One Hundred Eighth Legislature, Second Session, 2024.
There is included in the appropriation to this program for FY2023-24 $-0-
General Funds for research at the University of Nebraska Medical Center, which shall only be used for research on opioid misuse prevention research, opioid addiction research, or population, clinical, translational, and basic science research proposals to decrease the harmful impact of the opioid epidemic on
Nebraska. There is included in the appropriation to this program for FY2024-25
$250,000 General Funds for research at the University of Nebraska Medical Center, which shall only be used for research on opioid misuse prevention research, opioid addiction research, or population, clinical, translational,
and basic science research proposals to decrease the harmful impact of the opioid epidemic on Nebraska.
No expenditures for permanent and temporary salaries and per diems for state employees shall be made from funds appropriated in this section.
Sec. 4. Laws 2023, LB227A, section 1, is amended to read:
Section 1. There is hereby appropriated (1) $3,627,976 from the General Fund, $378,754 from the Nebraska Opioid Recovery Fund, and $576,619 from federal funds for FY2023-24 and (2) $3,879,167 from the General Fund, $388,160
from the Health and Human Services Cash Nebraska Opioid Recovery Fund, and
$725,801 from federal funds for FY2024-25 to the Department of Health and Human Services, for Program 33, to aid in carrying out the provisions of Legislative Bill 227, One Hundred Eighth Legislature, First Session, 2023.
Total expenditures for permanent and temporary salaries and per diems from funds appropriated in this section shall not exceed $994,731 for FY2023-24 or
$1,256,608 for FY2024-25.
Sec. 5. Laws 2023, LB814, section 80, is amended to read:
Sec. 80. AGENCY NO. 21 — STATE FIRE MARSHAL
Program No. 340 - Training Division FY2023-24 FY2024-25
GENERAL FUND 1,029,705 1,067,999
CASH FUND 1,180,148 1,179,764
FEDERAL FUND est. 4,466 4,466
PROGRAM TOTAL 2,214,319 2,252,229
SALARY LIMIT 590,284 618,034
There is included in the appropriation to this program for FY2023-24
$1,125,000 Cash Funds from the Nebraska Opioid Recovery 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. There is included in the appropriation to this program for FY2024-25 $1,125,000 Cash Funds from the Training Division Cash Nebraska Opioid Recovery Fund to connect first
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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.
Sec. 6. Laws 2023, LB814, section 304, is amended to read:
Sec. 304. TRUST FUNDS.
The receipts for FY2023-24 and FY2024-25 inuring to the several trust funds, together with any amounts held in account by the State Treasurer on June
30, 2023, are hereby credited to each of the funds respectively, which funds are hereby appropriated for FY2023-24 and FY2024-25:
(1) Attorney General: State Settlement Trust Fund, Nebraska Opioid Recovery Trust Fund;
(2) State Treasurer: Highway Trust Fund, Highway Tax Trust Fund, Bessey Memorial Fund, Common School Fund, Highway Revenue Bonds Redemption Trust Fund,
Revenue-Sharing Trust Fund, Michael B. Amos Educational Trust Fund, James M.
Amos Educational Trust Fund, Excess Liability Fund, Insurance Investments Inc.
Trust Fund, Financial Responsibility Act Trust Fund, Importing Dealers Trust Fund, Special Fuel Dealers Trust Fund, Nebraska Cultural Preservation Endowment Fund, College Savings Plan Program Fund, Escheat Trust Fund, life insurance corporation demutualization trust fund, Excess Liability Fund, Agricultural College Endowment Fund;
(3) State Department of Education: State Department of Education Trust Fund, temporary school fund;
(4) Public Service Commission: Public Service Commission Elevator Trust Fund;
(5) Department of Revenue: State Lottery Operation Trust Fund, State Lottery Prize Trust Fund, Municipal Equalization Fund;
(6) Department of Insurance: Premium and Retaliatory Tax Suspense Fund;
(7) Department of Labor: State Unemployment Insurance Trust Fund;
(8) Department of Motor Vehicles: Motor Vehicle Responsibility Act Fund;
(9) Department of Health and Human Services: Dormant Trust Funds,
Institution Canteen Amusement Trust Funds, Alcoholism Contribution Trust Fund,
Visual Impairment Trust Fund, Finance and Support Trust Fund, State Wards Accounts Trust Fund, Medically Handicapped Children Trust Fund, Store and Canteen Accounts Trust Fund, Welfare and Club Accounts Trust Fund, Juvenile Trust Fund, Nebraska Tobacco Settlement Trust Fund, Nebraska Medicaid Intergovernmental Trust Fund;
(10) Department of Transportation: Aeronautics Trust Fund, Highway Restoration and Improvement Bond Fund;
(11) Department of Veterans' Affairs: Veterans' Aid Income Fund, Nebraska Veteran Cemetery System Endowment Fund;
(12) Board of Educational Lands and Funds: Nebraska Veterans' Aid Fund,
Permanent University Fund, permanent school fund, Normal School Endowment Investment Fund, Agricultural Endowment Fund, Agricultural and University Land Lease Fund;
(13) Nebraska Library Commission: Nebraska Library Commission Trust Fund;
(14) Nebraska Workers' Compensation Court: Workers' Compensation Trust Fund;
(15) Department of Correctional Services: Store and Canteen Accounts Trust Fund, Welfare and Club Accounts Trust Fund, Inmate Trust Fund;
(16) Nebraska Educational Telecommunications Commission: Public Radio Nebraska Foundation Trust Fund, Nebraska Educational Telecommunications Trust Fund;
(17) Coordinating Commission for Postsecondary Education: Coordinating Commission for Postsecondary Education Trust Fund, SUN-MART Scholarship Trust Fund;
(18) Board of Trustees of the Nebraska State Colleges: State College Endowment Fund, Education Enhancement Trust Fund, LB 1100 Construction Trust Fund, Davis Scholarship Trust Fund;
(19) Nebraska State Colleges: Student Activity Trust Funds at Chadron,
Peru, and Wayne State Colleges, Wayne State Bequests Trust Fund, Wayne State College Electronic Funds Transfer Loan Trust Fund, Peru State Construction Trust Fund, Peru State College Corrections Workforce Development Pathway Trust Fund, Risk Loss Trust;
(20) University of Nebraska: University Trust Fund, University of Nebraska at Omaha Trust Fund, University of Nebraska Medical Center Trust Fund,
University of Nebraska at Kearney Trust Fund, University of Nebraska-Lincoln Federal Student Loan Trust Fund, University of Nebraska Medical Center Student Loan Trust Fund, University of Nebraska at Omaha Electronic Funds Transfer Trust Fund, University of Nebraska at Omaha Federal Student Loan Trust Fund,
Deferred Maintenance Project Trust Fund, Nebraska College of Technical Agriculture at Curtis Scholarship Trust Fund, UNMC RHOP Loan Trust Fund, UNL
Minority Students Scholarship Trust Fund, UNMC Capital and Program Reserve Trust Fund;
(21) Nebraska State Historical Society: Hall of Fame Trust Fund, Library Archives Trust Fund, Nebraska State Historical Society Collections Trust Fund,
Cheyenne Outbreak Barracks Trust Fund, Bridge Book Sale Trust Fund;
(22) Nebraska Oil and Gas Conservation Commission: Oil and Gas Conservation Trust Fund;
(23) Department of Administrative Services: Master Lease Program Trust Fund, NIS Operating Trust Fund, Flexible Spending Fund, State Employees Insurance Fund, Capitol Preservation, Restoration, and Enhancement Endowment Fund;
(24) Nebraska Arts Council: Nebraska Arts Council Trust Fund, Nebraska
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Cultural Preservation Endowment Fund;
(25) Department of Environment and Energy: Hazardous Waste Sites Trust Fund, Leaking Underground Storage Tanks Trust Fund, Wastewater Treatment Facilities Construction Loan Fund, Drinking Water Facilities Loan Fund,
Drinking Water State Revolving Fund, Recycled Principal Fund, Nebraska Energy Settlement Fund; and
(26) Public Employees Retirement Board: Annuity Reserve Fund, Nebraska Retirement Fund for Judges, Contingent Fund, School Employees Savings Fund,
State Patrol Retirement Fund, School Employers Deposit Fund, Service Annuity Fund, Retired Teachers Supplementary Benefits Fund, State Equal Retirement Benefit Fund, County Equal Retirement Benefit Fund, County Employees Retirement Fund, Judges Contingent Trust Fund, State Patrol Contingent Trust Fund, School Operating Trust Fund, School Retirement Fund, State Cash Balance Retirement Fund, County Cash Balance Retirement Fund, Class V Retirement System Payment Processing Fund.
Sec. 7. Section 66, Legislative Bill 1412, One Hundred Eighth Legislature, Second Session, 2024, is amended to read:
Sec. 66. AGENCY NO. 25 — DEPARTMENT OF HEALTH AND HUMAN SERVICES
Program No. 38 - Behavioral Health Aid FY2023-24 FY2024-25
GENERAL FUND 69,505,211 70,132,211
GENERAL FUND 69,505,211 70,382,211
CASH FUND 21,425,000 23,419,851
CASH FUND 21,425,000 21,579,500
FEDERAL FUND est. 10,504,971 10,504,971
PROGRAM TOTAL 101,435,182 104,057,033
PROGRAM TOTAL 101,435,182 102,466,682
There is included in the appropriation to this program for FY2023-24
$69,505,211 General Funds, $21,425,000 Cash Funds, and $10,504,971 Federal Funds estimate for state aid, which shall only be used for such purpose. There is included in the appropriation to this program for FY2024-25 $70,132,211
$70,382,211 General Funds, $23,419,851 $21,579,500 Cash Funds, and $10,504,971
Federal Funds estimate for state aid, which shall only be used for such purpose.
It is the intent of the Legislature that any provider rate increases appropriated in FY2021-22 and FY2022-23 continue in the appropriation to this program and that any provider rate increases appropriated in FY2023-24 and FY2024-25 are in addition to such increases.
It is the intent of the Legislature that any appropriation to the department for behavioral health aid and designated as funding to be allocated to a behavioral health region shall be utilized to provide activities pursuant to the approved annual budget of the behavioral health region or additional activities identified through need demonstrated by the region throughout the year.
Whenever circumstances occur during the budget year that impact the initial projected behavioral health region budget, the Behavioral Health Regional Governing Board may request a reassignment of funds to accommodate emerging needs identified by the behavioral health region to maximize the ability of the region to implement new behavioral health services and supports or expand capacity in existing services. The Division of Behavioral Health shall approve all such requests which comply with all state and federal requirements. The Division of Behavioral Health shall approve or deny such requests in writing within thirty days.
There is included in the amount shown as aid for this program for FY2023-24 $10,000,000 Cash Funds for state aid for the distribution of national opioid settlement funds, which shall only be used for such purpose. There is
included in the amount shown as aid for this program for FY2024-25 $10,000,000
Cash Funds for state aid for the distribution of national opioid settlement funds, which shall only be used for such purpose.
There is included in the amount shown as aid for this program for FY2024-25 $3,000,000 from the Opioid Prevention and Treatment Cash Fund for disbursement by the Division of Behavioral Health of the Department of Health and Human Services to regional behavioral health authorities for behavioral health regions established pursuant to section 71-807 for opioid prevention and harm reduction under the Opioid Prevention and Treatment Act.
There is included in the amount shown as aid for this program for FY2024-25 $500,000 General Funds for state aid disbursed to local public health departments as provided in section 71-1628.08 for opioid use prevention and opioid remediation under the Opioid Prevention and Treatment Act, which shall only be used for such purpose.
There is included in the amount shown as aid $8,840,351 from the Opioid Treatment Infrastructure Cash Fund for FY2024-25.
There is included in the amount shown as aid for this program $6,500,000
Cash Funds for FY2023-24 and $6,500,000 Cash Funds for FY2024-25 from the
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Nebraska Health Care Cash Fund to be used for community-based mental health and substance abuse services, including intermediate-level residential mental health services. It is the intent of the Legislature that these funds shall be
distributed to each of the six behavioral health regions based upon a formula determined by the Department of Health and Human Services.
There is included in the amount shown as aid for this program $1,500,000
Cash Funds for FY2023-24 and $1,500,000 Cash Funds for FY2024-25 from the Nebraska Health Care Cash Fund to be used for the cost of maintenance and treatment of persons in emergency protective custody under the Nebraska Mental Health Commitment Act.
Sec. 8. Section 111, Legislative Bill 1412, One Hundred Eighth Legislature, Second Session, 2024, is amended to read:
Sec. 111. CASH FUNDS.
The receipts for FY2023-24 and FY2024-25 inuring to the several Cash Funds, together with any amounts held in account by the State Treasurer on June
30, 2023, are hereby credited to each of the funds respectively.
Expenditure of Cash Funds appropriated in this act shall be limited to the amount shown by program except when specific exceptions are made. The amounts appropriated in this act include the following funds:
(1) Legislative Council: Nebraska Legislative Shared Information System Cash Fund, Donations/Contributions Cash Fund, Nebraska Statutes Cash Fund,
Clerk of the Legislature Cash Fund, Biotechnology Development Cash Fund,
Nebraska Health Care Cash Fund;
(2) Supreme Court: Supreme Court Reports Cash Fund, Court Appointed Special Advocate Fund, Nebraska Statutes Distribution Cash Fund, Supreme Court Attorney Services Cash Fund, Probation Program Cash Fund, Probation Cash Fund,
State Probation Contractual Services Cash Fund, Dispute Resolution Cash Fund,
Counsel for Discipline Cash Fund, Supreme Court Education Fund, Supreme Court Automation Cash Fund, Parenting Act Fund, Public Guardianship Cash Fund,
Administrative Office of the Courts Cash Fund, Bar Commission Cash Fund;
(3) Governor: Governor's Policy Research Cash Fund;
(4) Secretary of State: Records Management Cash Fund, Secretary of State Cash Fund, Election Administration Fund;
(5) Auditor of Public Accounts: Cooperative Audit Cash Fund;
(6) Attorney General: Motor Vehicle Fraud Cash Fund, Department of Justice Natural Resources Enforcement Fund, State Settlement Cash Fund, Nebraska Health Care Cash Fund, State Medicaid Fraud Control Unit Cash Fund;
(7) State Treasurer: State Treasurer Administrative Fund, Unclaimed Property Cash Fund, Mutual Finance Assistance Fund, College Savings Plan Administrative Fund, College Savings Plan Expense Fund, Convention Center Support Fund, State Disbursement Unit Cash Fund, Treasury Management Cash Fund,
Sports Arena Facility Support Fund, Political Subdivision Recapture Cash Fund;
(8) State Department of Education: State Department of Education Cash Fund, Certification Fund, Professional Practices Commission Fund, School Technology Fund, Tuition Recovery Cash Fund, Private Postsecondary Career Schools Cash Fund, Excellence in Teaching Cash Fund, School District Reorganization Fund, Early Childhood Education Endowment Cash Fund, Nebraska Education Improvement Fund, High School Equivalency Grant Fund, Expanded Learning Op