reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,143 - Local housing agency representative; liability.

71-15,143.
Local housing agency representative; liability.
No representative of a local housing agency shall personally be civilly or criminally liable with respect to any matter or act not directly committed or authorized by such person.
Source
Laws 1999, LB 105, § 72.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,144 - Housing agency representative; indemnification.

71-15,144.
Housing agency representative; indemnification.
If any legal action is brought against any representative of any housing agency, whether such person is a volunteer or partly paid or fully paid, based upon the negligent error or omission of such person while in the performance of his or her lawful duties, the housing agency shall defend him or her against such action, and if final judgment is rendered against such person, the housing agency shall pay the judgment in his or her behalf and shall have no right to restitution from such person. A housing agency shall have the right to purchase insurance to indemnify itself in advance against the possibility of such loss under this section, and the insurance company shall have no right of subrogation against the person. This section shall not be construed to permit a housing agency to pay a judgment obtained against the person as a result of illegal acts committed by such person.
Source
Laws 1999, LB 105, § 73.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,145 - Effect of local planning, zoning, sanitary, and building laws.

71-15,145.
Effect of local planning, zoning, sanitary, and building laws.
(1) Except as otherwise provided in this section, all developments are subject to the planning, zoning, sanitary, and building laws applicable to the locality in which the development is located.
(2) In order to facilitate development, redevelopment, and other activities in furtherance of the purposes of the Nebraska Housing Agency Act by local housing agencies and their affiliates, a city or county may grant exceptions to the requirements of (a) zoning ordinances and other laws, resolutions, ordinances, and regulations regulating the use, development, and improvement of land or buildings, (b) laws, resolutions, ordinances, and regulations pertaining to historic buildings and structures, and (c) redevelopment plans, comprehensive plans, and other plans governing city or county land use. Any such exceptions shall not compromise essential health and safety standards. The provisions of this section shall be cumulative of, and not in limitation of, any existing laws, resolutions, ordinances, and regulations that permit variances, special exceptions, and other relief from applicable requirements relating to development and improvement of real property.
(3) With respect to matters relating to the purposes of the act, each city or county or regional planning body of the state may, in its planning processes, take into account the recommendations of local housing agencies formed by such city or county, or by the cities and counties affected by the actions of such regional planning body.
Source
Laws 1999, LB 105, § 74.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,146 - Records; exempt from disclosure.

71-15,146.
Records; exempt from disclosure.
Notwithstanding the provision of any other law with respect to the availability of public records for inspection, the following records of a housing agency are exempt from disclosure:
(1) All records in the individual file of a resident, former resident, or applicant for public housing;
(2) All records in the individual file of a resident, former resident, or applicant for public housing in the possession of any landlord or individual providing a dwelling that is in any manner administered by a housing agency;
(3) All lists that identify residents, former residents, and applicants, except that statistical compilations are not exempt unless, by identification of location, family size, employment, or similar information, a resident, former resident, or applicant may be identified;
(4) The addresses of any dwellings that are assisted, either directly by the action of the housing agency or as a result of the resident's selection, except that statistical compilations are not exempt unless some or all of them may be specifically identified by address as a result of such compilation;
(5) The home address or personal telephone number of any resident, former resident, or applicant;
(6) Communications within a housing agency or between a housing agency and other public agencies of an advisory nature to the extent that they cover other than purely factual materials and are preliminary to any final agency determination of policy or action;
(7) Any information in the possession of the agency concerning the criminal history or other background information pertaining to any tenant or applicant for assistance;
(8) Information submitted to a housing agency in confidence and not otherwise required by law to be submitted, if such information should reasonably be considered confidential and the housing agency has obligated itself in good faith not to disclose the information; and
(9) Any other material or information that is otherwise exempt from disclosure under applicable law.
Source
Laws 1999, LB 105, § 75.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,147 - Records; disclosure permitted; when.

71-15,147.
Records; disclosure permitted; when.
A housing agency may provide any of the records described in section 71-15,146 to:
(1) Any recipient to whom disclosure is authorized pursuant to consent by all adult individuals identified in the record which is to be so disclosed;
(2) Such parties as the housing agency deems necessary when the agency determines that the disclosure is essential to the preservation of life, health, or safety;
(3) Anyone as required by a court order;
(4) A landlord or prospective landlord for purposes of enabling the landlord to determine an applicant's suitability for initial tenancy or to determine the suitability for continued tenancy of a person receiving assistance from the agency who is already in occupancy, if such information is pertinent to such suitability determination;
(5) Any applicant, tenant, or recipient of assistance to whom such information relates, or such person's designee or legal representative; or
(6) Any city, county, state, or federal public agency as required by law or agreement.
Source
Laws 1999, LB 105, § 76.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,149 - Conflict of interest; terms, defined.

71-15,149.
Conflict of interest; terms, defined.
For purposes of sections 71-15,149 to 71-15,157:
(1) Housing agency official means any representative of a housing agency or any director, officer, or employee of a resident management corporation or other resident organization who exercises authority or carries out responsibilities in connection with the housing agency's developments or any local government official who exercises authority or carries out responsibilities in connection with the housing agency's developments, including any member of such person's immediate family, any business entity or organization in which such person holds an interest, and any business partner of such person; and
(2) Immediate family includes spouses, children, siblings, and parents and includes stepparents or stepchildren, in-laws, and half sisters or half brothers.
Source
Laws 1999, LB 105, § 78.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,150 - Conflict of interest; prohibited acts.

71-15,150.
Conflict of interest; prohibited acts.
(1) Except as otherwise permitted under the provisions of sections 71-15,149 to 71-15,157, no housing agency official shall own or hold an interest in any contract or property or engage in any business, transaction, or professional or personal activity that would:
(a) Be or appear to be in conflict with such official's duties relating to the housing agency served by or subject to the authority of such official;
(b) Secure or appear to secure unwarranted privileges or advantages for such official or others; or
(c) Prejudice or appear to prejudice such official's independence of judgment in the exercise of his or her official duties relating to the housing agency served by or subject to the authority of such official.
(2) No housing agency official shall act in an official capacity in any matter in which such official has a direct or indirect financial or personal involvement. The ownership of less than five percent of the outstanding shares of a corporation shall not constitute an interest within the meaning of this section. No housing agency official shall use his or her public office or employment to secure financial gain to such official.
(3) Except as otherwise permitted by the provisions of sections 71-15,149 to 71-15,157, a housing agency shall not, with respect to any housing agency official, during his or her tenure or for a period of one year thereafter, either:
(a) Award or agree to award any contract to such housing agency official or other local government official;
(b) Purchase or agree to purchase any real property from such housing agency official or other local government official, or sell or agree to sell any real property to such housing agency official or other local government official;
(c) Permit any housing agency official to represent, appear, or negotiate on behalf of any other party before the housing agency's board of commissioners or with its other officials or employees;
(d) Employ any commissioner for compensation or otherwise;
(e) Employ any local government official, or any member of such official's immediate family, if such official's duties involve the exercise of authority relating to the housing agency; or
(f) Employ for compensation any member of the immediate family of a housing agency official, if such employment creates the relationship of direct supervisor or subordinate between family members or otherwise creates a real or apparent conflict of interest.
Source
Laws 1999, LB 105, § 79.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,151 - Conflict of interest; disclosure required; when.

71-15,151.
Conflict of interest; disclosure required; when.
If (1) a housing agency official becomes involved in an activity or, through inheritance or other involuntary cause or circumstance, acquires an interest that violates any provision of sections 71-15,149 to 71-15,157 or (2) a local government official, after becoming employed by the agency, is requested to act in an official capacity with respect to a matter affecting his or her duties as an employee of the local housing agency, such housing agency or local government official shall immediately and fully disclose in writing to the housing agency's board of commissioners the circumstances giving rise to the conflict of interest. In the case of a local government official, such disclosure shall also be made to the local government served by such official. Upon receipt of any disclosure of actual or potential conflict of interest, a housing agency shall promptly cause such disclosure to be entered in the minutes of the housing agency.
Source
Laws 1999, LB 105, § 80.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,152 - Housing agency official; recusal; when.

71-15,152.
Housing agency official; recusal; when.
A housing agency official shall recuse himself or herself from any vote, decision, or other action and shall not directly or indirectly participate in any action or proceeding which involves an actual or potential conflict of interest as described in sections 71-15,149 to 71-15,157, including, but not limited to, any matter:
(1) With respect to which disclosure is required under section 71-15,151;
(2) Involving assistance to, the employment of, or otherwise relating to the personal status of a member of such housing agency official's immediate family;
(3) In which the agency seeks to confer or bestow a special privilege or benefit upon such housing agency official;
(4) Involving an action by the board of commissioners concerning a waiver of any provision of sections 71-15,149 to 71-15,157, which waiver would affect such housing agency official; or
(5) Involving any other action or circumstance prohibited under sections 71-15,149 to 71-15,157 or which otherwise gives rise to a real or apparent conflict of interest.
Source
Laws 1999, LB 105, § 81.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,153 - Housing agency official; gifts; prohibited acts.

71-15,153.
Housing agency official; gifts; prohibited acts.
A housing agency official shall not solicit or accept any gift, gratuity, favor, loan, contribution, service, employment, promise of future employment, or other thing of value from any present or prospective employee of the housing agency, any present or prospective contractor, subcontractor, developer, broker, real estate agent, or any other person or organization in connection with the programs, benefits, or business of the housing agency. This section shall not prohibit the acceptance of gifts from relatives or gifts of nominal value which are not given with the intent to influence a housing agency official in the conduct of his or her official duties. Housing agencies may establish standards for determining whether or not a gift is of nominal value.
Source
Laws 1999, LB 105, § 82.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,154 - Housing agency official; improper use of information.

71-15,154.
Housing agency official; improper use of information.
No housing agency official shall use any information not generally available to the public which he or she acquires in the course of his or her public service for the purpose of securing financial gain for such official or others.
Source
Laws 1999, LB 105, § 83.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,155 - Misconduct in office.

71-15,155.
Misconduct in office.
Material violation of any provision of sections 71-15,149 to 71-15,157 by a housing agency official shall, unless as otherwise provided in section 71-15,157, constitute misconduct in office.
Source
Laws 1999, LB 105, § 84.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,156 - Conflict of interest; rules authorized.

71-15,156.
Conflict of interest; rules authorized.
A local housing agency may adopt rules implementing sections 71-15,149 to 71-15,157. Such rules may include the provision for such disciplinary actions in the event of violation of sections 71-15,149 to 71-15,157 as the housing agency's board of commissioners may deem appropriate.
Source
Laws 1999, LB 105, § 85.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,157 - Conflict of interest; sections; how construed.

71-15,157.
Conflict of interest; sections; how construed.
(1) Nothing contained in sections 71-15,149 to 71-15,157 shall prohibit a housing agency of a city of the second class or of a village from purchasing or otherwise acquiring any goods or services from a provider of such goods or services owned in whole or in part by a housing agency official if (a) the provider is the sole source for the goods or services within the area of operation of the housing agency, (b) the cost of the goods or services does not exceed three thousand dollars in any one instance, or (c) the provider has not received more than ten thousand dollars from the housing agency in any one calendar year.
(2) Nothing contained in sections 71-15,149 to 71-15,157 shall prohibit a housing agency from entering into and performing contracts, agreements, and arrangements with any nonprofit entity or any affiliate, whether for-profit or nonprofit in character, notwithstanding that some or all of the housing agency's representatives or public officials or legislators who exercise functions or responsibilities with respect to a housing agency's developments also serve as directors or in other policymaking positions in such nonprofit entity or affiliate. Such service by housing agency representatives, public officials, or legislators is expressly permitted under the Nebraska Housing Agency Act.
(3) The provisions of sections 71-15,149 to 71-15,157 shall not apply to any general depositary agreement entered into with a bank or other financial institution regulated by the federal government or to utility service for which rates are fixed by a state or local agency. The provisions of sections 71-15,149 to 71-15,157 shall not apply to prohibit any present or former tenant commissioner from acting upon housing agency business affecting residents unless such business directly involves a resident organization with respect to which such commissioner occupies a policymaking position or serves as a member of the governing board.
(4) Nothing contained in sections 71-15,149 to 71-15,157 shall prohibit service as a commissioner by the chief elected official or any member of the governing body of any city, county, or other public agency which is served by a housing agency.
Source
Laws 1999, LB 105, § 86;
Laws 2018, LB304, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,159 - Local housing agency; joint exercise of powers authorized.

71-15,159.
Local housing agency; joint exercise of powers authorized.
In addition to the cooperative action by public agencies through the formation and operation of regional housing agencies authorized under sections 71-1581 to 71-1587, any power, privilege, or authority exercised or capable of being exercised by a local housing agency of this state may be exercised and enjoyed jointly with any other housing agency or other public agency of this state having such power, privilege, or authority and jointly with any public agency of any other state or of the United States to the extent that the laws of such other state or of the United States permit such joint exercise or enjoyment.
Source
Laws 1999, LB 105, § 88.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,160 - Local housing agency; joint or cooperative powers enumerated.

71-15,160.
Local housing agency; joint or cooperative powers enumerated.
(1) Any two or more local housing agencies may join or cooperate with one another in the exercise, either jointly or otherwise, of any or all of their powers for the purpose of financing, including the issuance of bonds, notes, or other obligations, and giving security therefor, or for planning, undertaking, owning, constructing, operating, or contracting with respect to a housing development or developments located within the area of operation of any one or more of the cooperating agencies. For such purpose an agency may, by resolution, authorize any other local housing agency or agencies so joining and cooperating with it to act on its behalf with respect to any or all of its powers as its agent or otherwise in the name of the agency or agencies so joining and cooperating or in its own name. Any such cooperation which involves fiscal matters, ownership of any real property, or the assumption of the functions of one local housing agency by another local housing agency shall be by written contract, agreement, or arrangement entered into by such cooperating agencies.
(2) Any local housing agency may, by resolution, authorize another local housing agency to exercise its powers within the authorizing agency's area of operation at the same time that the authorizing agency is exercising the same powers.
(3) Any local housing agency may by agreement sell, lease, or otherwise provide any other local housing agency with any goods, supplies, materials, services, equipment, or property upon such terms and for such compensation as the parties shall determine and the same may be purchased, leased, or otherwise acquired without advertisement, appraisal, or public bidding.
(4) Local housing agencies may form, join, and participate in associations, cooperatives, or other entities for the purpose of purchasing goods, supplies, materials, equipment, and services, including, but not limited to, insurance, at prices or rates that may not otherwise be available to individual local housing agencies, and all such purchases and sales may be done without advertisement, appraisal, or public bidding.
Source
Laws 1999, LB 105, § 89.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,162 - State and public agencies; powers.

71-15,162.
State and public agencies; powers.
The state and all public agencies of this state are authorized to appropriate, lend credit, and make donations to local housing agencies and to agree to make such appropriations, loans, or donations upon such lawful terms and conditions as they shall from time to time deem appropriate.
Source
Laws 1999, LB 105, § 91.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,163 - Screening of applicants; powers of public agencies.

71-15,163.
Screening of applicants; powers of public agencies.
(1) Notwithstanding any other provision of law, all public agencies of this state, including state, city, and county law enforcement agencies, shall cooperate with local housing agencies by providing, promptly upon request, information concerning the general background, including, but not limited to, the criminal history, of applicants for assistance or recipients of assistance from local housing agencies. Any such information shall be used by local housing agencies solely for the purpose of screening applicants for suitability for tenancy or for determining continued suitability for assistance or tenancy and shall not be disclosed except in a proceeding challenging a decision by an agency to deny or terminate benefits.
(2) Any person who applies for or accepts assistance provided by a local housing agency shall, by virtue of such application for or acceptance of such assistance, be deemed to have consented to the disclosure of information by public agencies as required by this section.
Source
Laws 1999, LB 105, § 92.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,164 - Enforcement of rights; remedies.

71-15,164.
Enforcement of rights; remedies.
(1) All rights of local housing agencies existing under law or under any contract, agreement, or arrangement with any party, including this state or any public agency thereof, shall be enforceable by action brought in the courts of this state.
(2) In connection with enforcement of any right referred to in this section, a local housing agency shall be entitled to relief which may include, without limitation, the award of monetary damages, specific performance, and mandamus and other injunctive relief.
Source
Laws 1999, LB 105, § 93.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,165 - Claims and actions; restrictions.

71-15,165.
Claims and actions; restrictions.
No person or entity not expressly named as a party to a contract entered into by a housing agency shall have any right of action, by virtue of the status of such person or entity as a third-party beneficiary of such contract, or otherwise based upon such contract. Any claim or action in violation of this section shall be absolutely null and void.
Source
Laws 1999, LB 105, § 94.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,166 - Act; how construed.

71-15,166.
Act; how construed.
The Nebraska Housing Agency Act shall be construed liberally to effect the charitable and public purposes thereof. The enumeration of specific powers, authorities, or activities in the act shall not operate to restrict the scope of any general grant of power or authority or any description of activities contained in the act or to exclude other powers, authorities, or activities reasonably comprehended in such general grant which are reasonably related to carrying out the purposes of the act.
It is the purpose and intent of the act that the powers of local housing agencies be construed to afford to every agency reasonable responsibility, authority, and flexibility in carrying out the provisions of the act and to maximize the involvement of private sector entities, in cooperation with local housing agencies, in the production and operation of affordable housing. The use of the disjunctive word "or" shall be construed to mean "and" and the conjunctive word "and" shall be construed to mean "or" where such construction will result in a broader interpretation of a power. Limitations upon the powers, authorities, and activities of local agencies contained in the act shall be strictly construed.
Source
Laws 1999, LB 105, § 95.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,167 - Conflicting provisions; how construed.

71-15,167.
Conflicting provisions; how construed.
To the extent that any provision of the Nebraska Housing Agency Act shall conflict with any provision of law not contained in the act, the act shall prevail with respect to local housing agencies. It is the intention of the Legislature that, with respect to any subject matter covered by the act, the provisions of the act shall preempt all other laws of this state with respect to the formation, powers, and operation of local housing agencies and the requirements of law applicable thereto.
Source
Laws 1999, LB 105, § 96.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,168 - Tort claims; other claims; procedure.

71-15,168.
Tort claims; other claims; procedure.
(1) All tort claims against a housing agency shall be governed by the Political Subdivisions Tort Claims Act.
(2) Every person who has any claim against a housing agency, other than a tort claim under subsection (1) of this section, shall file the same, in writing, with the executive director or other person who may be acting as the secretary of such agency. If the claim is in contract, the claim shall state the services provided or articles furnished, as the case may be, and shall show the amount charged and claimed due and unpaid, allowing all just credits. The procedures set forth in this section shall not be applicable to any claim against any agency if the agency advises the claimant in writing that the liability of the agency for such claim, if any, is covered by insurance in whole or in part.
(3) If the claimant is dissatisfied with the disposition of his or her claim, or in the event that such claim is not paid or otherwise satisfied within ninety days after such claim has been filed as provided in this section, the claimant shall request, in writing, a hearing on his or her claim before the board of commissioners of the agency. Such request shall be filed with the chairperson of the agency and shall be made within six months after the filing of the claim as provided by this section. The claimant shall be notified of the time and place of the hearing, and he or she shall have the opportunity to present evidence concerning his or her claim to the board of commissioners. The board of commissioners shall hold such hearing and shall allow, disallow, or otherwise dispose of the claim, as the case may be, with written notice to the claimant, all within six months after the filing of a written request for hearing as provided in this subsection.
(4) This section shall not apply to claims, actions, or proceedings by obligees on bonds of an agency or to claims, actions, or proceedings on notes, guarantees, or other evidences of indebtedness.
(5) The representatives of a housing agency shall not be personally liable as such on its contracts or for torts not committed or directly authorized by them.
Source
Laws 1999, LB 105, § 97.
Cross References
Political Subdivisions Tort Claims Act, see section 13-901.
Annotations
A tort claim against a housing agency is subject to the Political Subdivisions Tort Claims Act regardless of whether it is covered by liability insurance. Harris v. Omaha Housing Auth., 269 Neb. 981, 698 N.W.2d 58 (2005).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1601 - Public health; counties over 200,000; regulation by single governmental subdivision.

71-1601.
Public health; counties over 200,000; regulation by single governmental subdivision.
The people in any county having a population of more than two hundred thousand inhabitants may consolidate in the hands of one governmental subdivision the regulation of public health and the remedial care and treatment of the indigent sick people, instead of having each of the several governmental subdivisions, that may be existing therein, separately perform such functions; and they may declare that the regulation of public health as well as the remedial care and treatment of the indigent sick people are for the general welfare of all the people of the state.
Source
Laws 1939, c. 92, § 1, p. 398;
C.S.Supp.,1941, § 71-3601;
R.S.1943, § 71-1601.
Cross References
County medical facilities, see section 23-3501 et seq.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1602 - Health district; territorial limits; how designated.

71-1602.
Health district; territorial limits; how designated.
The territory within and coextensive with any county having a population of two hundred thousand inhabitants or more may become, as hereinafter provided, a health district and shall be legally described as Nebraska Health District No. ..... .
Source
Laws 1939, c. 92, § 2, p. 398;
C.S.Supp.,1941, § 71-3602;
R.S.1943, § 71-1602.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1603 - Health district; powers.

71-1603.
Health district; powers.
Each health district formed pursuant to sections 71-1601 to 71-1625 shall be a body corporate. It may sue and be sued, purchase, own, hold and lease real and personal property reasonably adapted for use in performing its functions. In addition to all powers expressly herein conferred, such district shall possess such additional powers as may be reasonably necessary for it to efficiently and economically perform the purposes for which it has been created.
Source
Laws 1939, c. 92, § 3, p. 398;
C.S.Supp.,1941, § 71-3603;
R.S.1943, § 71-1603.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1604 - Health district; creation; petition; election.

71-1604.
Health district; creation; petition; election.
In the event qualified voters, within any county having a population of more than two hundred thousand inhabitants, equal in number to ten percent or more of those voting for the office of Governor at the last preceding election, present to the board of such county a petition praying for the establishment of a health district within and coextensive with such county, it shall be the duty of such county board to submit the question to a vote of the people. Such question may be submitted at either a special election or a general election but must be submitted within ninety days from the filing with the board of the petition herein described. In the event of litigation, either to prevent submission of the question to the people or to compel the county board to call an election, the court hearing the question shall fix the date of the election, if it decides an election shall be held, and said date so fixed shall not be more than ninety days after such court order becomes final.
Source
Laws 1939, c. 92, § 4, p. 398;
C.S.Supp.,1941, § 71-3604;
R.S.1943, § 71-1604.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1605 - Health district; election; laws applicable.

71-1605.
Health district; election; laws applicable.
Such election shall be called and conducted as now provided by law for special elections. The ballot shall provide for a vote for or against the proposed health district. The notice of election shall contain a brief description, in not more than two hundred words, of the proposed changes, specifying that the existing property be turned over to the health district by the creation thereof.
Source
Laws 1939, c. 92, § 5, p. 399;
C.S.Supp.,1941, § 71-3605;
R.S.1943, § 71-1605.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1606 - Health district; election; Governor's proclamation; filing.

71-1606.
Health district; election; Governor's proclamation; filing.
Upon the canvass of the election returns, the election officials shall certify the returns to the Governor. If a majority of the votes cast shall have been in favor of establishing the proposed health district, then the Governor shall issue a proclamation to that effect. The health districts shall be numbered consecutively by the Governor. The proclamation of the Governor declaring that the health district has been established shall contain a description of the real estate transferred, and a copy shall be filed by the board he creates with the register of deeds in the county.
Source
Laws 1939, c. 92, § 6, p. 399;
C.S.Supp.,1941, § 71-3606;
R.S.1943, § 71-1606.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1607 - Health district; board of health; members; term; vacancy.

71-1607.
Health district; board of health; members; term; vacancy.
The business of each health district shall be managed by a board of five citizens. The term of office of the board members, except as herein otherwise provided, shall begin and end as provided by law for county officers. The first board shall be chosen at the election in which the health district is created. Any resident citizen may file as a candidate for the proposed board any time between the filing of the petition for the establishment of the board and ten days prior to the election thereon. The election officers shall canvass the votes for candidates at the same time the vote is canvassed for the creation of the district, and shall certify to the Governor the five individuals receiving the highest number of votes. At the same time the Governor proclaims the establishment of the health district, he shall proclaim said individuals as the governing board thereof. The term of the two individuals receiving the least votes shall end following the first general county election thereafter; the term of the two individuals receiving the next higher votes shall end following the second general county election thereafter; and the term of the individual receiving the highest vote shall end following the third general county election thereafter. A successor shall be elected for each member for a term of six years. Such successor shall be nominated and elected in the same manner as county officers on the nonpolitical ballot are chosen. Each board member shall continue in office until his successor is elected and qualified. Each member of the board shall qualify by filing an acceptance with the county clerk of the county in which he or she resides. In case of vacancy for any cause, a majority of the remaining members shall select a successor for the term, or the remainder of the term.
Source
Laws 1939, c. 92, § 6, p. 399;
C.S.Supp.,1941, § 71-3606;
R.S.1943, § 71-1607.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1608 - Health district; political subdivision deemed fully compensated; when.

71-1608.
Health district; political subdivision deemed fully compensated; when.
Each governmental subdivision shall be deemed fully compensated for all real or personal property, possession of which has been turned over to the health district, and for all expense incurred in the organization of the health district, by the assumption and performance by the health district of the duties and obligations of such governmental subdivision in regard to public health and the remedial care and treatment of the indigent sick people.
Source
Laws 1939, c. 92, § 7, p. 400;
C.S.Supp.,1941, § 71-3607;
R.S.1943, § 71-1608.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1609 - Board of health; meetings; officers; compensation.

71-1609.
Board of health; meetings; officers; compensation.
The board of health shall arrange for a permanent meeting place and hold at least one regular meeting each month. The board shall elect a president and vice president annually, and may also elect from outside their membership, a secretary and such other officers and employees as they may deem necessary for the administration of the affairs of the district, with such salary as the board shall direct. The members of the board shall be reimbursed for their necessary expense in performing their duties.
Source
Laws 1939, c. 92, § 8, p. 400;
C.S.Supp.,1941, § 71-3608;
R.S.1943, § 71-1609.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1610 - Health district; treasurer; duties; bond.

71-1610.
Health district; treasurer; duties; bond.
The county treasurer of the county coextensive with such district shall be ex officio treasurer of the health district. He shall attend all meetings of the board when required to do so, shall prepare and submit in writing a monthly report of the state of its finances, and shall pay out its money only upon a warrant signed by the president, or in his absence by the vice president, and countersigned by the secretary. He shall give bond, payable to the health district, in the amount of one hundred thousand dollars. Such bond shall be signed by one or more surety companies of recognized responsibility and authorized to do business in this state. The cost of the bond shall be paid by the health district.
Source
Laws 1939, c. 92, § 9, p. 401;
C.S.Supp.,1941, § 71-3609;
R.S.1943, § 71-1610.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1611 - Board of health; estimate of expenses; budget; tax authorized.

71-1611.
Board of health; estimate of expenses; budget; tax authorized.
The board of each health district organized pursuant to sections 71-1601 to 71-1625 shall annually during the month of January fix the amount of money for the proposed budget statement as may be deemed sufficient and necessary to conduct the affairs of the district during the ensuing fiscal year. After the adoption of the budget statement, the board of such health district shall certify the amount of tax to be levied upon all the taxable property of the district as is provided in the adopted budget statement to be received from taxation. The county board is directed, authorized, and required to levy and collect such amount of tax in the same manner as other taxes are levied and collected, except that the aggregate health district tax shall not exceed in any one year four and five-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such district.
Source
Laws 1939, c. 92, § 10, p. 401;
C.S.Supp.,1941, § 71-3610;
R.S.1943, § 71-1611;
Laws 1953, c. 287, § 67, p. 969;
Laws 1969, c. 145, § 40, p. 697;
Laws 1979, LB 187, § 184;
Laws 1992, LB 719A, § 158.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1612 - Board of health; powers and duties.

71-1612.
Board of health; powers and duties.
The board of health shall have and exercise, subject to the statutes, the executive power and authority and shall assume the responsibility concerning public health and remedial care and treatment of the indigent sick people, now or hereafter vested by statutes or regulations in each and every governmental subdivision within the health district, and shall have the title, control and management of the property owned by such governmental subdivisions and used exclusively for such health activities. All the functions now performed by any physician, except the coroner's physician and the insanity board's physician, or nurse employed by any governmental subdivision within the district, and any and all inspectors of foods, drinks, and the sanitary condition of property, vest in the health district which may be created by the provisions of sections 71-1601 to 71-1625. The management and control of all hospitals, buildings and personal property used exclusively in the medical care and treatment of the indigent sick people, and the segregation of those persons afflicted with infectious and contagious diseases, shall be in the said health district. The health district shall have the power and it shall be its duty to adopt measures for the control and eradication of preventable or communicable diseases, the inculcation of modern scientific methods of hygiene and sanitation, and the education of the public in matters relating to public health.
Source
Laws 1939, c. 92, § 11, p. 401;
C.S.Supp.,1941, § 71-3611;
R.S.1943, § 71-1612.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1613 - Violations; penalty.

71-1613.
Violations; penalty.
Any person who shall violate any of the provisions of sections 71-1601 to 71-1625, or any rule or regulation made by the district health board, under the authority of said sections, shall be deemed guilty of a Class IV misdemeanor.
Source
Laws 1939, c. 92, § 11, p. 401;
C.S.Supp.,1941, § 71-3611;
R.S.1943, § 71-1613;
Laws 1977, LB 39, § 160.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1614 - Health service obtained by ineligible person; reimbursement.

71-1614.
Health service obtained by ineligible person; reimbursement.
In the event remedial treatment or care is obtained by an individual who is in fact not indigent, or by an individual indigent where the primary legal responsibility rests upon a third party financially able to render such treatment or care, the health district shall have a right to recover the fair value of the treatment and care so rendered.
Source
Laws 1939, c. 92, § 11, p. 401;
C.S.Supp.,1941, § 71-3611;
R.S.1943, § 71-1614.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1615 - Special health service; duty of district to provide; cost; how paid.

71-1615.
Special health service; duty of district to provide; cost; how paid.
In the event any political subdivision within the health district desires special remedial care or treatment for the members of such political subdivisions not given by the health district to all inhabitants of said district, it shall be the duty of the health district to furnish such service, and such governmental subdivision shall pay the health district for the cost of such special treatment or care so rendered.
Source
Laws 1939, c. 92, § 11, p. 401;
C.S.Supp.,1941, § 71-3611;
R.S.1943, § 71-1615.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1616 - Board of health; department or division; director; qualifications; powers and duties.

71-1616.
Board of health; department or division; director; qualifications; powers and duties.
District health boards of each health district shall organize a department or division, with a director to administer the public health work and a district remedial care department or division. The director shall be a graduate of a recognized school of medicine, qualified by training and experience in public health work, and shall devote full time to his position. The director may be empowered to act for the board in public health matters and to supervise the division of remedial care and treatment of the indigent sick people.
Source
Laws 1939, c. 92, § 12, p. 402;
C.S.Supp.,1941, § 71-3612;
R.S.1943, § 71-1616.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1617 - Rules and regulations; standards.

71-1617.
Rules and regulations; standards.
In formulating rules, regulations, or other orders for the establishment of a health district or the carrying out of the purpose of sections 71-1601 to 71-1625 or for the management or control of any property which may come under the care or management of the board, the board and the director selected pursuant to section 71-1616 shall conform at least to the minimum requirements, rules, and regulations of the Department of Health and Human Services and the principles of public health and sanitation and the remedial care and treatment of the indigent sick people recognized by the medical profession.
Source
Laws 1939, c. 92, § 13, p. 403;
C.S.Supp.,1941, § 71-3613;
R.S.1943, § 71-1617;
Laws 1996, LB 1044, § 567;
Laws 2007, LB296, § 474.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1618 - Health district; property of county; possession; when.

71-1618.
Health district; property of county; possession; when.
Any health district, organized pursuant to the provisions of sections 71-1601 to 71-1625, shall not actually take possession of the properties provided for until the first day of the fiscal year of the county in which it is organized during which a tax levy has actually been made for the support of such district.
Source
Laws 1939, c. 92, § 14, p. 403;
C.S.Supp.,1941, § 71-3614;
R.S.1943, § 71-1618.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1619 - Foods, drinks, properties; inspection; fees.

71-1619.
Foods, drinks, properties; inspection; fees.
Any health district, organized pursuant to the provisions of sections 71-1601 to 71-1625 in providing for the inspection of foods, drinks and properties within the district, may impose upon the owners or possessors of such food, drinks or properties, a reasonable fee to cover the cost of such district of all inspection necessary to reasonably safeguard the public health.
Source
Laws 1939, c. 92, § 15, p. 403;
C.S.Supp.,1941, § 71-3615;
R.S.1943, § 71-1619.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1620 - Preexisting health regulations; effect.

71-1620.
Preexisting health regulations; effect.
All measures that have been enacted by any governmental subdivision to effect any of the functions conferred upon a health district by sections 71-1601 to 71-1625 shall remain in full force and effect until a measure covering the same subject matter shall have been adopted by the board of the health district. Upon the adoption of such a measure, preexisting regulations shall become and be inoperative until dissolution of the health district.
Source
Laws 1939, c. 92, § 16, p. 403;
C.S.Supp.,1941, § 71-3616;
R.S.1943, § 71-1620.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1621 - Epidemics or disasters; tax limitation inapplicable.

71-1621.
Epidemics or disasters; tax limitation inapplicable.
The limitation provided by section 71-1611 as to the amount of levy which may be certified to the county board, shall not apply to emergency expenditures and obligations to abate or control an extreme outbreak or epidemic of disease or the occurrence of some disaster affecting the public health in the health district. The existence of such an emergency may be conclusively established by joint resolutions declaring such an emergency by the county board and the health board, or by the Governor of the state and the health board.
Source
Laws 1939, c. 92, § 17, p. 403;
C.S.Supp.,1941, § 71-3617;
R.S.1943, § 71-1621.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1622 - Health district; bonds; optional payment; interest.

71-1622.
Health district; bonds; optional payment; interest.
Any health district organized pursuant to sections 71-1601 to 71-1625 may not borrow money and issue bonds therefor unless the issuance of the bonds has been submitted to the vote of the people of the district at a regular or special election and has been approved by a majority of the electors voting on the proposition, or an emergency has been declared, as provided in section 71-1621, and their issuance has been approved by the county board, in addition to the health board. In the event either of these two conditions has been met and bonds are issued, they shall not run for longer than fifteen years, shall bear interest, and shall provide for optional payment in whole or in part on or after five years from the date of issuance thereof.
Source
Laws 1939, c. 92, § 18, p. 404;
C.S.Supp.,1941, § 71-3618;
R.S.1943, § 71-1622;
Laws 1947, c. 15, § 18, p. 93;
Laws 1969, c. 51, § 119, p. 346.