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Ex. DUT-NE-001 Standing duty Primary source read

Neb. Rev. Stat. § 71-501

Contagious diseases; local public health department; county board of health; powers and duties

Nebraska Legislature · Nebraska (State)

The COVID Project

The record

Jurisdiction
Nebraska
Level
State
Authority
Statute; Laws 1901, c. 49, § 1, as amended
Effective
standing throughout 2020 Q2 to 2021 Q3
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing duty
Addressees
  • local public health departments and county boards of health as regulators; every person and premises within their jurisdiction as the regulated
Character
statutory duty
Collection
Standing duties: Nebraska DUT-NE

Operative words

The local public health department as defined in section 71-1626 or the county board of a county that has not established or joined in the establishment of a local public health department shall make and enforce regulations to prevent the introduction and spread of contagious, infectious, and malignant diseases in the county or counties under its jurisdiction.

Penalty

§ 71-506: Class V misdemeanor for each offense; injunction by the Attorney General or county attorney (DUT-NE-005); local penalties under § 71-501(3), § 71-1631.01 (Class III misdemeanor, each day separate; DUT-NE-007) and municipal codes (LMC § 8.18.170 as recited in Ex. NE-079)

What it required

Every local public health department (and, where none exists, the county board of health) must make and enforce communicable-disease regulations binding on the persons and premises in its jurisdiction and, under subsection (3), 'shall make rules and regulations to safeguard the health of the people and prevent nuisances and insanitary conditions and shall enforce and provide penalties for the violation of such rules and regulations'.

Retrieval note

Text unchanged since 2007, so the 2022 capture carries the 2020-2021 text. This is the statutory source the Lincoln-Lancaster County Health Department recited for its Directed Health Measures ('Pursuant to Neb. Rev. Stat. §§ 71-501 and 71-1630(4) and Chapter 8.18 of the Lincoln Municipal Code'; Ex. NE-079). In 2020-2021 § 71-1632 did not yet contain the 'issue and enforce community-wide directed health measures' subdivision (added by Laws 2026, LB203); the October 2020 archived text of § 71-1632 was read and lacks it, so local DHM authority in the period rested on § 71-501 and local codes.