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Ex. DUT-NE-002 Standing duty Primary source read

Neb. Rev. Stat. § 71-502 (cross-reference to Ex. NE-099; not re-saved)

Communicable diseases; Department of Health and Human Services; powers and duties

Nebraska Legislature · Nebraska (State)

The COVID Project

The record

Jurisdiction
Nebraska
Level
State
Authority
Statute; Laws 1919, c. 190, as amended
Issued
2020-03-19 Mar. 19, 2020
Effective
standing throughout 2020 Q2 to 2021 Q3 (read as 2020-03-19)
End
standing (read as 2021-09-30)
In force
Standing since Mar. 19, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationStanding duty
Addressees
  • persons generally ('All officers and other persons'); DHHS
Character
statutory duty
Collection
Standing duties: Nebraska DUT-NE

Operative words

in cases of emergency in which the health of the people of the entire state or any locality in the state is menaced by or exposed to any contagious, infectious, or epidemic disease... the department shall adopt, promulgate, and enforce special communicable disease control rules and regulations... All officers and other persons shall obey and enforce such... rules and regulations.

Penalty

§ 71-506 (DUT-NE-005): Class V misdemeanor for each offense; AG or county attorney injunction against 'any person or any private or public entity'

What it required

DHHS holds 'supervision and control of all matters relating to necessary communicable disease control,' must adopt and enforce special control rules in an epidemic emergency, and every officer and every person must obey and enforce them; recited as authority in every Directed Health Measure.

Retrieval note

Cross-reference; the exhibit is held as Ex. NE-099 and its text was read ('All officers and other persons shall obey and enforce' confirmed in the saved PDF). The 'special communicable disease control rules' are 173 NAC 6 (DUT-NE-004).