LB 203 — Change powers and duties of health directors in certain local public health departments and provide requirements relating to community-wide directed health measures

ER103 ER103 LB203 LB203 JNH2026 -LEGISLATIVE 01/28/2026BILL JNH203 -Approved 01/28/2026by Ethe ANDGovernor RFebruary AMENDMENTS17, TO2026 LB203   Introduced by Guereca,Kauth, 7,31. Chairman Enrollment and Review 1.

Strike  theA originalBILL sectionsFOR andAN allACT amendmentsrelating theretoto andpublic inserthealth theand followingwelfare; new sections:

Sectionto 1.amend sections 71-1626, 71-1630, and 71-1632, Reissue Revised Statutes of Nebraska;

to define terms;

to change powers and duties of health directors as prescribed;

to provide requirements relating to community-wide directed health measures;

to harmonize provisions;

and to repeal the original sections.

Be it enacted by the people of the State of Nebraska, Section 1.

71-1626 For71-1626 For purposes of sections 71-1626 to 71-1636 and section 4 of this act:

(3) (2) County, district, or city-county health department means a governmental entity approved by the Department of Health and Human Services as a local full-time public health service which (a) utilizes local, state, federal, and other funds or any combination thereof, (b) employs qualified public health medical, nursing, environmental health, health education, and other essential personnel who work under the direction and supervision of a full-time qualified medical director or of a full-time qualified lay administrator and are assisted at least part time by at least one medical consultant who shall be a licensed -1- ER103 ER103 LB203 LB203 JNH - 01/28/2026 JNH - 01/28/2026 physician, and (c) is operated in conformity with the rules, regulations, and policies of the Department of Health and Human Services.

and (5) (3) Local public health department means a county, district, or city-countycity- county health department.

and (d) six public-spiritedpublic- spirited men or women interested in the health of the community.

Three public-spiritedpublic- spirited men or women shall each serve an initial term of three years, and three public-spirited men or women shall each serve an initial term of two years.

-2- ER103 ER103 LB203 LB203 JNH - 01/28/2026 JNH - 01/28/2026 (2) When a district health department has been established by a joint resolution of the county boards of each county in a district health department, the county boards of such district shall meet and establish a district board of health with due consideration for a fair and equitable representation from the entire area to be served.

(a) One member of each county board in the district, (b) at least one physician, (c) at least one dentist, and (d) one or more public-spiritedpublic- spirited men or women interested in the health of the community from each county in the district.

One-One-third third of the members shall be appointed for terms of one year, one-third for terms of two years, and one-third for terms of three years.

Appointments to fill any vacancies shall be for the -1- LB203 LB203 2026 unexpired terms.

(a) One representative of the county board, (b) one representative from the city council, (c) one physician, (d) one dentist, and (e) five public-spirited men or women, not employed in the health industry or in the health professions, who are interested -3- ER103 ER103 LB203 LB203 JNH - 01/28/2026 JNH - 01/28/2026 in the health of the community.

One-third of its members shall be appointed for terms of one year, one-third for terms of two years, and one-thirdone- third for terms of three years.

If the list is not timely submitted, the mayor may consider the list timely submitted at any time prior to making an appointment, -4- ER103 ER103 LB203 LB203 JNH - 01/28/2026 JNH - 01/28/2026 otherwise the mayor shall appoint a person of recognized ability in the profession.

-5- ER103 ER103 LB203 LB203 JNH - 01/28/2026 JNH - 01/28/2026 (A) Community health services and health promotion and outreach, specifically including policies related to the following:

(B) Environmental health, specifically including policies related to the -2- LB203 LB203 2026 following:

(B) Annually reviewing and recommending changes in the proposed budget for resource allocations related to the health department as provided in the city-countycity- county agreement;

and -6- ER103 ER103 LB203 LB203 JNH - 01/28/2026 JNH - 01/28/2026 (C) Monitoring and reviewing the enforcement of laws and regulations of the board of health, city council, and county board related to public health in the community.

Such directed health measures shall be submitted to the city-countycity- county board of health for ratification at a regular or emergency meeting of the board.

Any duties required to be carried out by a public body under this subdivision may be -7- ER103 ER103 LB203 LB203 JNH - 01/28/2026 JNH - 01/28/2026 completed using virtual conferencing when permitted under subsection (7) of section 84-1411.

71-1632 The71-1632 The Except as provided in subsection (4) of section 71-1630, the health director of a county, district, or city-county health department shall have the power and duty to (1) be the executive officer of the local boards of health;

The health director shall receive approval of -8- ER103 ER103 LB203 LB203 JNH - 01/28/2026 JNH - 01/28/2026 such directed health measures in writing prior to issuance by a majority of the publicly elected representatives of the county board or, in the case of a city-countycity- county health department, written approval by a majority of the publicly elected representatives of the city council, and such directed health measures -3- LB203 LB203 2026 shall be submitted to the board of health for ratification at a regular or emergency meeting of the board.

2.-4-

On page 1, line 4, after the semicolon insert "to provide requirements relating to community-wide directed health measures;

to harmonize provisions;".

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