28-429 Division of Drug Control; established; personnel; powers and duties; Nebraska State Patrol Drug Control and Education Cash Fund; created; use; investment; report; contents. - Nebraska Statutes

28-429. Division of Drug Control; established;personnel; powers and duties; Nebraska State Patrol Drug Control and EducationCash Fund; created; use; investment; report; contents.(1)There is hereby established in the Nebraska State Patrol a Division of DrugControl. The division shall consist of such personnel as may be designatedby the Superintendent of Law Enforcement and Public Safety. It shall be theduty of the division to enforce all of the provisions of the Uniform ControlledSubstances Act and any other provisions of the law dealing with controlledsubstances and to conduct drug education activities as directed by the superintendent.The Nebraska State Patrol shall cooperate with federal agencies, the department,other state agencies, elementary and secondary schools, and County Drug LawEnforcement and Education Fund Boards in discharging their responsibilitiesconcerning traffic in controlled substances, in suppressing the abuse of controlledsubstances, and in conducting drug education activities. To this end the divisionis authorized to: (a) Arrange for the exchange of information between governmentalofficials concerning the use and abuse of controlled substances; (b) coordinateand cooperate in training programs on controlled substance law enforcementand education at the local and state levels; (c) establish a centralized unitwhich will accept, catalog, file, and collect statistics, including recordsof drug dependent persons and other controlled substance law offenders withinthe state, and make such information available for federal, state, and locallaw enforcement purposes on request; (d) cooperate in locating, eradicating,and destroying wild or illicit growth of plant species from which controlledsubstances may be extracted, and for these purposes a peace officer is herebyauthorized to enter onto property upon which there are no buildings or uponwhich there are only uninhabited buildings without first obtaining a searchwarrant or consent; (e) develop a priority program so as to focus the bulkof its efforts on the reduction and elimination of the most damaging drugsincluding narcotic drugs, depressant and stimulant drugs, and hallucinogenicdrugs; and (f) develop and conduct drug education activities in cooperationwith elementary and secondary schools in Nebraska and with County Drug LawEnforcement and Education Fund Boards.(2) There is hereby created the Nebraska State Patrol Drug Control andEducation Cash Fund which shall be used for the purposes of (a) obtainingevidence for enforcement of any state law relating to the control of drugabuse and (b) drug education activities conducted pursuant to subsection (1)of this section, except thattransfers may be made from the fund to the General Fund at the direction ofthe Legislature. Any money in the NebraskaState Patrol Drug Control and Education Cash Fund available forinvestment shall be invested by the state investment officer pursuant to theNebraska Capital Expansion Act and the Nebraska State Funds Investment Act.(3) For the purpose of establishing and maintaining legislative oversightand accountability, the Appropriations Committee of the Legislature shallformulate record-keeping procedures to be adhered to by the Nebraska StatePatrol for all expenditures, disbursements, and transfers of cash from theNebraska State Patrol Drug Control and Education Cash Fund. Based on theserecord-keeping procedures, the Nebraska State Patrol shall prepare and deliverto the Clerk of the Legislature at the commencement of each succeeding sessiona detailed report which shall contain, but not be limited to: (a) Currenttotal in the cash fund; (b) total amount of expenditures; (c) purpose of theexpenditures to include: (i) Salaries and any expenses of all agents and informants;(ii) front money for drug purchases; (iii) names of drugs and quantity ofpurchases; (iv) amount of front money recovered; and (v) drug education activities;(d) total number of informers on payroll; (e) amounts delivered to patrolsupervisors for distribution to agents and informants and the method of accountingfor such transactions and the results procured through such transactions;and (f) a description of the drug education activities conducted since thedate of the previous report. Each member of the Legislature shall receivea copy of such report by making a request for it to the superintendent.(4) The superintendent shall adopt and promulgate rules and regulationsto carry out this section. SourceLaws 1977, LB 38, § 89; Laws 1979, LB 322, § 8; Laws 1991, LB 773, § 1; Laws 1994, LB 1066, § 19; Laws 2001, LB 398, § 17; Laws 2009, First Spec. Sess., LB3, § 13.Effective Date: November 21, 2009 Cross ReferencesNebraska Capital Expansion Act, see section 72-1269.Nebraska State Funds Investment Act, see section 72-1260. AnnotationsThis section permits law enforcement officers to enter onto property without a search warrant or consent for the purpose of locating and eradicating wild or illicit weeds from which a controlled substance could be extracted. State v. Havlat, 222 Neb. 554, 385 N.W.2d 436 (1986).