Important Information: Nebraska recently adopted legislation, 2024 LB 1355, which substantially modifies state laws governing the allocation and use of monies from the 85% Opioid Recovery Trust Fund share. As indicated in draft meeting minutes from the Nebraska Opioid Settlement Remediation Advisory Committee’s meeting on May 8, 2024, it is unclear whether or how the Advisory Committee will operate moving forward. This section is written based on the Advisory Committee’s bylaws dated June 13, 2023, which do not account for the effects of 2024 LB 1355. Portions of this section may be rendered inapplicable or inaccurate based on how implementation of 2024 LB 1355 ultimately affects the Advisory Committee’s existence and/or operation.
85% Opioid Recovery Trust Fund share: Yes (required). The Nebraska Opioid Settlement Remediation Advisory Committee is required by its bylaws to include the opportunity for public comment period in its meetings,[1] but the Committee’s Chair “reserves the right to limit comments on agenda items.”[2] Visit the Advisory Committee’s website to find upcoming meeting dates and agendas. The Advisory Committee’s bylaws require it to meet at least once annually,[3] although it has consistently met more frequently.[4]
Public comments at Regional Behavioral Health Authority meetings. State law directs a portion of the 85% Opioid Recovery Trust Fund share to each of Nebraska’s six Regional Behavioral Health Authorities (RBHAs).[5] Identify the RBHA in your region, attend meetings of your RBHA’s governing body and advisory committee,[6] and provide comments on the use of settlement funds allocated to the RBHA.[7]
15% local share: Generally, yes. Though local governments are not required to seek public input as to opioid settlement spending specifically, Nebraska’s Open Meetings Act requires that they accept public comments during their public meetings.[8] Take advantage of this requirement by showing up to meetings of your city council or board of county commissioners and offering comments on local settlement spending.
It depends. As of September 1, 2024, the state has not established any grant opportunities for the Opioid Recovery Trust Fund Share. Local governments may create grant programs to distribute their share of funds. The existence, parameters, and processes for local settlement grant programs will vary by locality, so stay alert for new opportunities. Visit the Opioid Settlement Community Grants Portal (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations.
For updates on the Opioid Recovery Trust Fund share, visit the Nebraska Opioid Settlement Remediation Advisory Committee’s website, which includes information about upcoming meetings, past meetings, funding updates, and other resources. See also individual regions’ opioid settlement-related websites (e.g., Region 3).
To find updates on the local share, a good starting point is to check the websites for your county board of commissioners, city council, or local health department.[9]
Not applicable.
The Opioid Settlement Remediation Advisory Committee’s bylaws provide that the committee may “[e]stablish processes for receiving input regarding opioid use disorder and other co-occurring substance use and mental health disorders and associated abatement needs, strategies and responses. Bylaws of the Nebraska Opioid Settlement Remediation Advisory Committee, Article II(H). June 13, 2023. However, the bylaws make the Advisory Committee subject to the state Open Meetings Act, which requires public bodies to allow for public comment. Bylaws of the Nebraska Opioid Settlement Remediation Advisory Committee, Article IV Sec. 2. June 13, 2023; Neb. Rev. Stat. Ann. Sec. 84-1412(1) ("Subject to the Open Meetings Act, the public has the right to attend and the right to speak at meetings of public bodies, and all or any part of a meeting of a public body, except for closed sessions called pursuant to section 84-1410, may be videotaped, televised, photographed, broadcast, or recorded by any person in attendance by means of a tape recorder, a camera, video equipment, or any other means of pictorial or sonic reproduction or in writing. Except for closed sessions called pursuant to section 84-1410, a public body shall allow members of the public an opportunity to speak at each meeting”). See also Neb. Rev. Stat. Ann. Sec. 84-1408 (“Every meeting of a public body shall be open to the public in order that citizens may exercise their democratic privilege of attending and speaking at meetings of public bodies, except as otherwise provided by the Constitution of Nebraska, federal statutes, and the Open Meetings Act”). ↑
See, e.g., Meeting Minutes, Sec. 1.e. Nebraska Opioid Settlement Remediation Advisory Committee. February 28, 2024. Accessed September 1, 2024 (“Public Comment: Pursuant to the Open Meetings Act, the Chair of the Committee reserves the right to limit comments on agenda items. Chairperson Stull stated that all agenda items will be open for public comments. Chairperson Stull stated that each commenter will have five minutes to speak”). ↑
Bylaws of the Nebraska Opioid Settlement Remediation Advisory Committee, Article IV Sec. 1. June 13, 2023. ↑
See Opioid Settlement Remediation Advisory Committee (“Meetings – Past”). Nebraska Department of Health and Human Services website. Accessed September 1, 2024. ↑
Neb. Rev. Stat. Ann Sec. 71-2491(3). ↑
Each Regional Behavioral Health Authority is “governed by a regional governing board consisting of one county board member from each county in the region.” Neb. Rev. Stat. Ann Sec. 71-808(1). Each RBHA is also required to “establish and utilize a regional advisory committee consisting of consumers, providers, and other interested parties…” Neb. Rev. Stat. Ann Sec. 71-808(2). See also 206 Neb. Admin. Code Sec. 3-001.01 (“Pursuant to Neb. Rev. Stat. Sec. 71-808, each Regional Behavioral Health Authority must establish and utilize a Regional Advisory Committee for the purpose of advising the Regional Behavioral Health Authority on needs and matters relating to community behavioral health services provided in the Region”); 206 Neb. Admin. Code Sec. 3-001.01(D) (“The Regional Advisory Committee must meet quarterly per year at a minimum”). ↑
Each Regional Behavioral Health Authority is required to “facilitate the involvement of consumers in all aspects of service planning and delivery within the region.” Neb. Rev. Stat. Ann Sec. 71-808(2). Additionally, an RBHA’s governing body and its advisory committee are likely subject to the state’s Open Meetings Act, which requires public bodies to allow for public comment. Neb. Rev. Stat. Ann Secs. 84-1409(1)(a), 84-1412(1). See also Neb. Rev. Stat. Ann Sec. 84-1408. ↑
Neb. Rev. Stat. Ann Sec. 84-1412(1). See also Neb. Rev. Stat. Ann Sec. 84-1408. ↑
The Nebraska Association of County Officials’ Opioid Litigation Settlements page contains general information related to the litigation. ↑