LB 808

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                            LEGISLATURE OF NEBRASKA
                      ONE HUNDRED NINTH LEGISLATURE
                                SECOND SESSION
                  LEGISLATIVE BILL 808
   Introduced by Ibach, 44; Brandt, 32.
   Read first time January 07, 2026
   Committee: Health and Human Services
1    A BILL FOR AN ACT relating to the Child Care Licensing Act; to amend
2section   71-1908,    Revised   Statutes   Supplement,   2025;   to   change
3provisions relating to legislative intent; to provide for a child
4care licensing pilot program as prescribed; to provide powers and
5duties for the Director of Public Health of the Division of Public
6Health of the Department of Health and Human Services; to provide
7for a waiver of certain child care licensing requirements; and to
8repeal the original section.
9    Be it enacted by the people of the State of Nebraska,
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1Section 1. Section 71-1908, Revised Statutes Supplement, 2025, is
2    amended to read:
371-1908 (1) Sections 71-1908 to 71-1923.03 and sections 2 and 3 of
4    this act shall be known and may be cited as the Child Care Licensing Act.
5(2) The Legislature finds that there is a present and growing need
6   for quality child care programs and facilities. There is a need to
7    establish and maintain licensure of persons providing such programs to
8    ensure that such persons are competent and are using safe and adequate
9    facilities.     The    Legislature        further   finds    and   declares    that     the
10    development and supervision of programs are a matter of statewide concern
11    and should be dealt with uniformly on the state and local levels. There
12    is a need for cooperation among the various state and local agencies
13    which impose standards on licensees, and there should be one agency which
14    coordinates the enforcement of such standards and informs the Legislature
15    about cooperation among the various agencies.
16Sec. 2.     (1) The Director of Public Health of the Division of Public
17    Health of the Department of Health and Human Services may enter into a
18    contract with any number of licensees to develop and operate a pilot
19    program designed to increase the availability or capacity of day care
20    facilities in the state.
21(2) The director may grant licensure to a person to maintain a
22    facility   in   a     pilot     program     under   this    section   that    waives    the
23    requirements    of    the     rules   and   regulations     related   to   licensure    and
24    operation of a day care facility or youth development program, including
25    requirements for staff at such day care facility or youth development
26    program. A facility granted a license pursuant to this section shall
27    comply with alternative terms, conditions, and requirements established
28    by the director as may be necessary to protect the health, safety, and
29    welfare of the children who attend such facility.
30(3) The director shall not grant a license under this section if the
31   director determines that a day care facility or youth development program
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1   or a staff member of such facility or program would endanger the health,
2   safety, and welfare of a child.
3(4) The director may grant licensure to a person to maintain a
4   facility under this section for no more than five years.
5(5) If the director determines that a pilot program established
6   under   this    section   is   successful      and   increases   the   availability   or
7   capacity of child care facilities in the state, the director shall make
8   suggestions and recommendations to the Legislature for statutory changes.
9Sec. 3.       A person granted licensure to maintain a facility may
10    request a waiver from the requirements of the Child Care Licensing Act
11   for a specific period of time from the Director of Public Health. A
12   waiver request shall be in a form and manner approved by the director and
13   contain the provisions of the rules and regulations sought to be waived.
14   Waiver requests shall be granted on a case-by-case basis.
15Sec.   4.      Original    section    71-1908,     Revised   Statutes   Supplement,
16    2025, is repealed.
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