59-1608.04 State Settlement Cash Fund; created; use; investment.
59-1608.04. State SettlementCash Fund; created; use; investment.The State SettlementCash Fund is created. The fund shall be maintained by the Department of Justiceand administered by the Attorney General. Except as otherwise provided bylaw, the fund shall consist of all recoveries received pursuant to the ConsumerProtection Act, including any money, funds, securities, or other things ofvalue in the nature of civil damages or other payment, except criminal penalties,whether such recovery is by way of verdict, judgment, compromise, or settlementin or out of court, or other final disposition of any case or controversy,or any other payments received on behalf of the state by the Department ofJustice and administered by the Attorney General for the benefit of the stateor the general welfare of its citizens, but excluding all funds held in atrust capacity where specific benefits accrue to specific individuals, organizations,or governments. All money in the fund shall be subject to legislative reviewand shall be appropriated and expended for any allowable legal purposes asdetermined by the Legislature. The fund shall only be appropriated to a separateand distinct budget program and such appropriations shall only be expendedfrom a separate and distinct budget subprogram and shall not be commingledwith any other revenue or expenditure. Transfers may be made from the fundto the General Fund and theState DNA Sample and Data Base Fund at the direction of the Legislature.To provide necessary financial accountability and management oversight, revenuefrom individual settlement agreements or other separate sources credited tothe State Settlement Cash Fund may be tracked and accounted for within thestate accounting system through the use of separate and distinct funds, subfunds,or any other available accounting mechanism specifically approved by the AccountingAdministrator for use by the Department of Justice. Any money in the fundavailable for investment shall be invested by the state investment officerpursuant to the Nebraska Capital Expansion Act and the Nebraska State FundsInvestment Act. SourceLaws 2006, LB 1061, § 4; Laws 2009, First Spec. Sess., LB3, § 34; Laws 2010, LB190, § 7. Cross ReferencesNebraska Capital Expansion Act, see section 72-1269.Nebraska State Funds Investment Act, see section 72-1260.