reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2921 - Livestock, defined.

54-2921.
Livestock, defined.
Livestock means cattle, swine, sheep, horses, mules, donkeys, goats, domesticated cervine animals, ratite birds, poultry, llamas, and alpacas.
Source
Laws 2020, LB344, § 21.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2922 - Negative animal, herd, or flock, defined.

54-2922.
Negative animal, herd, or flock, defined.
Negative animal, herd, or flock means any animal, herd, or flock which has been tested and found negative to an official test.
Source
Laws 2020, LB344, § 22.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2924 - Permit for entry or permit, defined.

54-2924.
Permit for entry or permit, defined.
Permit for entry or permit means a pre-movement authorization for entry into the State of Nebraska obtained from the department which states the conditions under which the animal movement may be made and the location where the animal or animals are going and includes a permit authorization number which is required to be recorded on the certificate of veterinary inspection.
Source
Laws 2020, LB344, § 24.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2926 - Poultry, defined.

54-2926.
Poultry, defined.
Poultry means domesticated birds that serve as a source of eggs or meat and includes, but is not limited to, chickens, turkeys, ducks, and geese.
Source
Laws 2020, LB344, § 26.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2927 - Premises, defined.

54-2927.
Premises, defined.
Premises means land, buildings, vehicles, equipment, pens, holding facilities, and grounds upon which an animal, herd, or flock is or was, housed, kept, located, grazed, or transported.
Source
Laws 2020, LB344, § 27.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2928 - Program disease, defined.

54-2928.
Program disease, defined.
Program disease means a dangerous disease for which specific state or federal legislation exists for disease control or eradication, or is classified as a program disease by the department or USDA/APHIS/VS.
Source
Laws 2020, LB344, § 28.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2929 - Program disease activity or surveillance, defined.

54-2929.
Program disease activity or surveillance, defined.
Program disease activity or surveillance means determining the presence, control, eradication, surveillance, or monitoring of program diseases and may include, but is not limited to, testing, taking of diagnostic samples, treating, vaccinating, monitoring, or surveillance of any animals, affected animals, or suspected affected animals or any premises, affected premises, or suspected affected premises.
Source
Laws 2020, LB344, § 29.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2930 - Program standards, defined.

54-2930.
Program standards, defined.
Program standards means the supplemental guidelines and uniform methods and rules adopted and approved by USDA/APHIS/VS for further clarification of established procedures for the regulation, control, eradication, and enforcement of livestock program diseases.
Source
Laws 2020, LB344, § 30.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2934 - Responder or suspect, defined.

54-2934.
Responder or suspect, defined.
Responder or suspect means any animal which exhibits a response to an official test, and such animal is classified as a responder or suspect by the testing veterinarian or laboratory.
Source
Laws 2020, LB344, § 34.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2937 - Trace or tracing, defined.

54-2937.
Trace or tracing, defined.
Trace or tracing means the epidemiological investigative process of determining the origin and movements of animals, animal products, and possible vectors that may be involved in the spread or transmissibility of a disease agent.
Source
Laws 2020, LB344, § 37.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2938 - USDA/APHIS/VS, defined.

54-2938.
USDA/APHIS/VS, defined.
USDA/APHIS/VS means the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services.
Source
Laws 2020, LB344, § 38.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2939 - Legislative findings; department; powers.

54-2939.
Legislative findings; department; powers.
The Legislature finds and declares it is the policy of this state that animal health and disease control are essential to the livestock industry and the health of the economy of Nebraska. The purpose of the Animal Health and Disease Control Act is to further the best interests of Nebraska's livestock industry and to grow Nebraska agriculture. In carrying out its duty to protect the health of Nebraska's livestock, the department may use USDA/APHIS/VS program standards to determine and employ the most efficient and practical means for the prevention, suppression, control, and eradication of dangerous diseases among livestock and transmissible from other animals to livestock.
Source
Laws 2020, LB344, § 39.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2941 - Veterinary inspector or agent of the USDA/APHIS/VS; act as agent of the department, when.

54-2941.
Veterinary inspector or agent of the USDA/APHIS/VS; act as agent of the department, when.
Any veterinary inspector or agent of the USDA/APHIS/VS who has been officially assigned by the United States Department of Agriculture for service in Nebraska may be officially authorized by the department to perform and exercise such powers and duties as may be prescribed by the department, and when so authorized shall have and exercise all rights and powers under the Animal Health and Disease Control Act and the Exotic Animal Auction or Exchange Venue Act as agents of the department.
Source
Laws 2020, LB344, § 41.
Cross References
Exotic Animal Auction or Exchange Venue Act, see section 54-7,105.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2942 - Department; animal disease control and eradication responsibilities; cooperate and contract; agreements authorized.

54-2942.
Department; animal disease control and eradication responsibilities; cooperate and contract; agreements authorized.
In carrying out its animal disease control and eradication responsibilities, the department may cooperate and contract with public or private persons and enter into agreements with other state or federal agencies to allow personnel from such agencies to work in Nebraska and to allow department personnel to work in other states or with federal agencies under a cooperative work program.
Source
Laws 2020, LB344, § 42.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2943 - Failure to carry out program disease activities; department powers and duties; costs; reimbursement; late fee; funds; expenditures authorized.

54-2943.
Failure to carry out program disease activities; department powers and duties; costs; reimbursement; late fee; funds; expenditures authorized.
(1) Whenever any person fails to carry out program disease activities or other responsibilities required under the Animal Health and Disease Control Act, the department may perform such functions. Upon completion of any such required program disease activities, the department shall determine its actual administrative costs incurred in handling the affected animal, herd, or flock or affected premises and conducting necessary and related activities and notify the owner or custodian in writing. Such owner or custodian shall reimburse the department its actual administrative costs within thirty days following the date of the notice.
(2) Any person failing to reimburse the department shall be assessed a late fee of twenty-five percent of the amount due for each thirty days of delinquent nonpayment up to one hundred percent of the original amount. The purpose of the late fee is to cover administrative costs associated with collecting the amount overdue. All such payments assessed and collected pursuant to this section shall be remitted to the State Treasurer for credit to the Animal Health and Disease Control Cash Fund.
(3) The department may provide funds from the Animal Health and Disease Control Cash Fund to or on behalf of herd owners for program disease activities or any portion thereof in connection with the implementation of the Animal Health and Disease Control Act if funds for such activities or any portion have been appropriated. The department may develop statewide priorities for the expenditure of state funds available for animal disease control and eradication program activities. If funds are not available, the owner of such animal shall continue the program at his or her own expense. A portion of such state funds may be used by the department to pay a portion of the costs of testing done by or for accredited veterinarians if such work is approved by the department.
(4) In administering program disease activities pursuant to this section, the department shall not pay for:
(a) Testing done for a change of ownership at private treaty or at concentration points;
(b) Costs of gathering, confining, and restraining animals subject to testing or costs of providing necessary facilities and assistance;
(c) Costs of testing to qualify or maintain herd accreditation, certification, validation, and monitored status; or
(d) Indemnity for any animal destroyed as a result of being affected with a program disease or other dangerous disease unless funding is specifically appropriated by the Legislature for such purpose.
(5) The department shall not be liable for actual or incidental costs incurred by any person due to departmental actions in enforcing this section, including any action for trespass or damages.
Source
Laws 2020, LB344, § 43.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2944 - Affected animal, herd, or flock; affected premises; owner or custodian; duties; duty to report

54-2944.
Affected animal, herd, or flock; affected premises; owner or custodian; duties; duty to report
(1) The owner or custodian of an affected animal, herd, or flock or affected premises may be required by the department to develop a written animal, herd, or flock management plan.
(2) Any affected premises may be required to be cleaned, disinfected, destroyed, or disposed of, or any combination thereof, to prevent transmission and spread of dangerous disease from one premises to another, or from one group of animals to another, when deemed necessary by the State Veterinarian.
(3) It is the duty of any person who discovers, suspects, or has reason to believe that any animal belonging to him or her, or which he or she has in his or her possession or custody, or which belonging to another person may come under his or her observation, is an affected animal to immediately report such fact, belief, or suspicion to the department or its agent, employee, or appointee.
Source
Laws 2020, LB344, § 44.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2947 - Pre-entry certificate of veterinary inspection; required; exceptions; permits, required when; prohibited acts; department powers.

54-2947.
Pre-entry certificate of veterinary inspection; required; exceptions; permits, required when; prohibited acts; department powers.
(1) All animals brought into this state shall be accompanied by a pre-entry certificate of veterinary inspection, except:
(a) Animals brought directly to slaughter as defined in 9 C.F.R. 86.1 to a recognized slaughtering establishment as defined in 9 C.F.R. 78.1, as such regulations existed on January 1, 2020;
(b) Cattle, swine, horses, sheep, and goats brought from the farm or ranch of origin directly to an establishment approved under 9 C.F.R. 71.20, as such regulation existed on January 1, 2020;
(c) Poultry under eight weeks of age accompanied by a VS Form 9-3, Report of Sales of Hatching Eggs, Chicks, and Poults, and classified prior to movement into Nebraska as pullorum and typhoid clean or equivalent status pursuant to 9 C.F.R. part 145, the National Poultry Improvement Plan, as such plan existed on January 1, 2020; and
(d) Animals moving directly to a veterinary clinic or approved laboratory for diagnosis, treatment, or health examination, except that live animals without a pre-entry certificate of veterinary inspection shall not stay in Nebraska longer than the duration of such diagnosis, treatment, or health examination and during such stay shall be separated from other animals.
(2) The department may require that a prior entry permit be obtained for animals if it deems such permit is necessary for the protection of the health of domestic animals in the state.
(3) Except as provided in the Animal Health and Disease Control Act or the Exotic Animal Auction or Exchange Venue Act, no person shall move from a premises any animal which is affected or suspected of being affected with any dangerous disease without first having obtained a permit from the department.
(4) It shall be unlawful for any person to cause any animal to be diverted from the destination stated on the certificate of veterinary inspection except by written permission of the State Veterinarian.
(5) Any animal which does not qualify for entry into Nebraska pursuant to department rules and regulations may, at the discretion of the State Veterinarian, be subject to the department powers outlined in section 54-2940.
Source
Laws 2020, LB344, § 47.
Cross References
Exotic Animal Auction or Exchange Venue Act, see section 54-7,105.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2948 - Livestock; official identification; compliance with federal regulations; device or method; use; device removal, prohibited; exceptions.

54-2948.
Livestock; official identification; compliance with federal regulations; device or method; use; device removal, prohibited; exceptions.
(1) Livestock imported into Nebraska shall comply with federal animal disease traceability requirements for official identification of animals as set forth in 9 C.F.R. part 86, as such part existed on January 1, 2020, which the Legislature hereby adopts by reference. If there is an inconsistency between such federal regulations and the Animal Health and Disease Control Act, and any adopted and promulgated rules or regulations or order issued by the department, the requirements of the act, rules or regulations, or order control.
(2) An official identification device or method may be applied by an animal's owner, the owner's representative, an accredited veterinarian, or an approved tagging site. Official identification devices are intended to provide permanent identification of livestock and to ensure the ability to find the source of animal disease outbreaks. Removal of these devices is prohibited except at the time of slaughter, upon the death of the animal at any location, when an area veterinarian in charge replaces a device, or as otherwise approved by the department.
Source
Laws 2020, LB344, § 48.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2949 - Premises registration; animal disease traceability; information; restrictions on disclosure; violations; penalty.

54-2949.
Premises registration; animal disease traceability; information; restrictions on disclosure; violations; penalty.
(1) Any information that a person provides to the department for purposes of premises registration or for voluntary participation in or compliance with animal disease traceability shall not be a public record subject to disclosure under sections 84-712 to 84-712.09. The department and its employees or agents shall not disclose such information to any other person or agency, except when such disclosure:
(a) Is authorized by the person who provided the information; or
(b) Is necessary for purposes of disease surveillance or to carry out epidemiological investigations related to incidences of animal disease.
(2) The department may disclose information as authorized by this section subject to any confidentiality requirements that the department determines are appropriate under the circumstances.
(3) Any person who violates this section shall be subject to prosecution for official misconduct pursuant to section 28-924.
(4) Nothing in this section shall be construed to prohibit the department from discussing, reporting, or otherwise disclosing the progress or results of disease surveillance activities or epidemiological investigations related to incidence of animal disease.
Source
Laws 2020, LB344, § 49.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2950 - Records or reports; requirements.

54-2950.
Records or reports; requirements.
Any person subject to the Animal Health and Disease Control Act or any rule or regulation adopted and promulgated under the act shall keep records or reports pertaining to vaccination of animals, herds, or flocks, official diagnostic test results, and movement of affected animals, herds, or flocks infected with, exposed to, or suspected of being infected with or exposed to a program disease for five years. Such person shall keep any other records or make any other reports the department deems necessary to enforce the act.
Source
Laws 2020, LB344, § 50.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2951 - Vaccine; sale and use restrictions.

54-2951.
Vaccine; sale and use restrictions.
(1) The State Veterinarian may restrict the sale and use of vaccine as he or she deems appropriate.
(2) The sale and use of vaccines which are licensed and approved by the United States Department of Agriculture, Animal and Plant Health Inspection Service, Center for Veterinary Biologics, shall be used for the vaccination of livestock and such vaccines shall be distributed and administered by an accredited veterinarian licensed to practice in Nebraska.
(3) An affected animal, herd, or flock shall only be vaccinated by or under approval by an accredited veterinarian licensed to practice in Nebraska.
(4) Owners or custodians of animals, herds, or flocks not affected due to anthrax may purchase anthrax vaccine from an accredited veterinarian licensed to practice in Nebraska for purposes of treating such animals.
Source
Laws 2020, LB344, § 51.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2952 - Waste animal products, defined; feed to animals; unlawful; exceptions.

54-2952.
Waste animal products, defined; feed to animals; unlawful; exceptions.
As used in this section, waste animal products means all meat or other materials derived in whole or in part from animals that are the result of handling, preparing, cooking, or consumption of human food. For purposes of controlling the spread of dangerous diseases of animals, it shall be unlawful for any person to feed waste animal products to animals except as follows:
(1) The material is regulated and approved as feed under the Commercial Feed Act; and
(2) A person may feed waste animal products to his or her own animals so long as such waste animal products are obtained from the person's own household, and the animals so fed, if consumed, are consumed by no one other than the members of that household.
Source
Laws 2020, LB344, § 52.
Cross References
Commercial Feed Act, see section 54-847.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2954 - Violation of Animal Health and Disease Control Act or Exotic Animal Auction or Exchange Venue Act; orders of department; arrests; law enforcement officer; county attorney; powers and duties.

54-2954.
Violation of Animal Health and Disease Control Act or Exotic Animal Auction or Exchange Venue Act; orders of department; arrests; law enforcement officer; county attorney; powers and duties.
(1) For purposes of this section, law enforcement officer has the same meaning as in section 54-902. Special investigator means a special investigator appointed as a deputy state sheriff and employed by the department for state law enforcement purposes pursuant to section 81-201.
(2) The department or any officer, special investigator, agent, employee, or appointee thereof may request any law enforcement officer to execute the orders of the department, and such law enforcement officer shall have authority to execute the orders of the department.
(3) Any special investigator, or any law enforcement officer whose assistance is requested pursuant to subsection (2) of this section, may arrest any person found violating the Animal Health and Disease Control Act, the Exotic Animal Auction or Exchange Venue Act, or any rule or regulation adopted and promulgated under such acts, and such officer or special investigator shall immediately notify the county attorney of such arrest. The county attorney shall prosecute the arrested person according to the law.
Source
Laws 2020, LB344, § 54.
Cross References
Exotic Animal Auction or Exchange Venue Act, see section 54-7,105.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2955 - Animal Health and Disease Control Act or Exotic Animal Auction or Exchange Venue Act; embargo or importation order; required herd management plan; violations; penalties.

54-2955.
Animal Health and Disease Control Act or Exotic Animal Auction or Exchange Venue Act; embargo or importation order; required herd management plan; violations; penalties.
(1) Any person who imports livestock or causes livestock to be imported into the State of Nebraska in violation of an embargo or importation order issued by the State Veterinarian shall be guilty of a Class IV felony.
(2) Any person who violates any provision of the Animal Health and Disease Control Act, the Exotic Animal Auction or Exchange Venue Act, or any rules and regulations duly adopted and promulgated thereunder, for which no other criminal penalty is provided by such acts, shall be deemed guilty of a Class II misdemeanor.
(3) An owner or custodian of an affected animal, herd, or flock or affected premises who fails to develop a required herd management plan or who fails to follow such a plan is guilty of a Class I misdemeanor.
Source
Laws 2020, LB344, § 55.
Cross References
Exotic Animal Auction or Exchange Venue Act, see section 54-7,105.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2956 - Animal Health and Disease Control Act and Exotic Animal Auction or Exchange Venue Act; prohibited acts.

54-2956.
Animal Health and Disease Control Act and Exotic Animal Auction or Exchange Venue Act; prohibited acts.
It shall be unlawful for any person to violate the Animal Health and Disease Control Act and the Exotic Animal Auction or Exchange Venue Act or any rule or regulation adopted and promulgated pursuant to such acts. It is a violation for any person to:
(1) Deny access to any officer, agent, employee, or appointee of the department or offer any resistance to, thwart, or hinder such persons by misrepresentation or concealment;
(2) Violate a controlled movement order or quarantine or remove an animal which has been placed under a controlled movement order or quarantine until such controlled movement order or quarantine is released by the State Veterinarian;
(3) Fail to pay any administrative fine levied pursuant to section 54-2953;
(4) Interfere in any way with or obstruct an officer, agent, employee, or appointee of the department from entering any premises to carry out his or her duties under the Animal Health and Disease Control Act, the Exotic Animal Auction or Exchange Venue Act, or any rules or regulations promulgated under such acts, or to interfere in any way with the department in the performance of its duties;
(5) If an owner or a custodian of an affected animal, refuse to perform program disease activities, refuse to perform any other duty required by the State Veterinarian under the Animal Health and Disease Control Act, or refuse to dispose of such affected animal if ordered to do so by the State Veterinarian;
(6) Knowingly harbor, sell, or otherwise dispose of any affected animal or any part thereof except as provided by the Animal Health and Disease Control Act and the rules and regulations adopted and promulgated by the department under the act;
(7) Except by permit issued by the department, bring, cause to be brought, or aid in bringing into this state any animal which he or she knows to be infected with, exposed to, or suspected of being exposed to any dangerous disease, or which he or she knows has originated from a quarantined area, herd, or flock;
(8) Violate a disease control requirement established through livestock herd agreements or health plans, compliance agreements, or controlled feedlot agreements; or
(9) Bring, cause to be brought, or aid in bringing into this state any animal in violation of section 54-2947 or 54-2948 or any rule or regulation adopted and promulgated by the department.
Source
Laws 2020, LB344, § 56.
Cross References
Exotic Animal Auction or Exchange Venue Act, see section 54-7,105.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2957 - Animal Health and Disease Control Act Cash Fund; created; use; investment.

54-2957.
Animal Health and Disease Control Act Cash Fund; created; use; investment.
The Animal Health and Disease Control Act Cash Fund is created. The fund shall consist of administrative costs collected and money appropriated or transferred by the Legislature and gifts, grants, costs, or charges received or collected from any source, including federal, state, public, and private sources. The fund shall be used to carry out the Animal Health and Disease Control Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2020, LB344, § 57.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-101 - Military code; how cited.

55-101.
Military code; how cited.
Sections 55-101 to 55-181 shall be known and may be cited as the Military Code.
Source
Laws 1929, c. 189, § 1, p. 657;
C.S.1929, § 55-105;
R.S.1943, § 55-101;
Laws 1961, c. 272, § 1, p. 806;
Laws 1969, c. 459, § 1, p. 1581;
Laws 1971, LB 19, § 1;
Laws 1991, LB 313, § 1;
Laws 2003, LB 69, § 2;
Laws 2010, LB550, § 1.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-102 - Military code; contents.

55-102.
Military code; contents.
All acts of the Congress of the United States providing for the administration, control, equipment, government, and organization of the armed forces of the United States, together with the rules and regulations promulgated thereunder, now in effect and hereinafter enacted or promulgated may, by appropriate rules and regulations, be adopted by the Governor for the operation and regulation of the military forces and militia of the state insofar as the same are not inconsistent with rights reserved to this state under the constitution of the state and provisions of this code.
Source
Laws 1929, c. 189, § 55, p. 673;
C.S.1929, § 55-174;
R.S.1943, § 55-102;
Laws 1953, c. 188, § 1, p. 592.
Cross References
"This code", see section 55-101.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-103 - Military code; legislative intent.

55-103.
Military code; legislative intent.
The intent of this code is to conform to all constitutional acts and regulations of the United States affecting the same subjects, and all acts of the State of Nebraska shall be construed to effect this purpose.
Source
Laws 1929, c. 189, § 2, p. 657;
C.S.1929, § 55-107;
R.S.1943, § 55-103;
Laws 1953, c. 188, § 2, p. 593.
Cross References
"This code", see section 55-101.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-104 - Military code; definitions.

55-104.
Military code; definitions.
As used in Chapter 55, article 1, unless the context otherwise requires:
(1) The term military forces shall mean the National Guard, also called the Nebraska National Guard and also hereinafter referred to as the Army National Guard and the Air National Guard, and in addition thereto the militia when called into active service of this state;
(2) The words active service of the state shall mean service on behalf of this state, in case of public disaster, war, riot, invasion, insurrection, resistance of process, or in case of imminent danger of the occurrence of any of such events, whenever called upon in aid of civil authorities, at encampments whether ordered by state or federal authority, at periods of drill and any other training or service required under state or federal law, regulations or orders, or upon any other duty requiring the entire time of the organization or person;
Provided,
that in no event will active service of the state include in the service of the United States, as defined in this section;
(3) The words in the service of the United States and not in the service of the United States shall mean and be the same as such terms are used in 10 U.S.C.; and
(4) For the purposes of this code, an act is in the line of duty if it is performed pursuant to competent orders or commonly accepted military practices, is not proximately caused by the member's intentional misconduct or gross neglect and occurs during a period of authorized duty or training.
Source
Laws 1929, c. 189, § 3, p. 657;
C.S.1929, § 55-108;
R.S.1943, § 55-104;
Laws 1953, c. 188, § 3, p. 593;
Laws 1969, c. 459, § 2, p. 1581.
Cross References
"This code", see section 55-101.
Annotations
Active duty for emergency military duty in this section does not include the "additional leave of absence" authorization contemplated in section 55-160. King v. School Dist. of Omaha, 197 Neb. 303, 248 N.W.2d 752 (1976).
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-105 - Militia; classes, defined.

55-105.
Militia; classes, defined.
The militia of this state shall be divided into two classes, the active and the reserve militia. The active militia shall consist of the organized and uniformed military forces of the state, which shall be known as the Nebraska National Guard, which includes the Army National Guard and the Air National Guard. The reserve militia shall consist of all those liable to service in the militia, but not serving in the National Guard of this state.
Source
Laws 1909, c. 90, § 3, p. 365;
R.S.1913, § 3902;
C.S.1922, § 3300;
C.S.1929, § 55-104;
R.S.1943, § 55-107;
Laws 1953, c. 188, § 5, p. 595;
R.R.S.1943, § 55-107;
Laws 1969, c. 459, § 3, p. 1582.
Annotations
In preparing for and holding annual encampment, Nebraska National Guard is a state governmental agency within meaning of workmen's compensation law, and is liable to employee for compensation for injuries. Nebraska National Guard v. Morgan, 112 Neb. 432, 199 N.W. 557 (1924).
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-106 - Militia; persons subject to duty; exemptions.

55-106.
Militia; persons subject to duty; exemptions.
All able-bodied citizens and able-bodied persons of foreign birth who have been admitted for permanent residence, who are more than seventeen and less than sixty years of age, and who are residents of this state shall constitute the militia, subject to the following exemptions: (1) Persons exempt by the laws of the United States; (2) members of any regularly organized fire or police department of any city or village and retired firefighters who have served their full term in any fire company; but no member of the active militia shall be relieved from duty by joining any such fire company or department; (3) judges, justices, and clerks of courts of record; registers of deeds; sheriffs; ministers of the gospel; officers and assistants of hospitals, prisons, and jails; and (4) persons with physical or mental disabilities, persons addicted to the use of narcotic drugs or alcohol, and persons convicted of treason and sedition. All such exempted persons, except those enumerated in subdivisions (1) and (4) of this section, shall be available for military duty in case of war, insurrection, invasion, disaster, or imminent danger thereof.
Source
Laws 1909, c. 90, § 1, p. 364;
R.S.1913, § 3899;
C.S.1922, § 3297;
C.S.1929, § 55-101;
R.S.1943, § 55-106;
Laws 1953, c. 188, § 4, p. 594;
R.R.S.1943, § 55-106;
Laws 1969, c. 459, § 4, p. 1582;
Laws 1974, LB 983, § 1;
Laws 1986, LB 1177, § 25.
Cross References
Volunteer firefighters exempt during time of peace, see section 35-101.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-107 - National Guard Reserve.

55-107.
National Guard Reserve.
An inactive National Guard may be organized and maintained under such rules and regulations as may be prescribed in accordance with the acts of the Congress of the United States.
Source
Laws 1929, c. 189, § 8, p. 659;
C.S.1929, § 55-113;
R.S.1943, § 55-111;
Laws 1953, c. 188, § 8, p. 596;
R.R.S.1943, § 55-111;
Laws 1969, c. 459, § 5, p. 1583.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-108 - National Guard; organization; federal regulations.

55-108.
National Guard; organization; federal regulations.
The organization of the National Guard, including the composition of all units thereof, shall be such as is or may hereafter be prescribed for this state by the United States or by regulations of the Department of the Army and Department of the Air Force.
Source
Laws 1929, c. 189, § 6, p. 659;
C.S.1929, § 55-111;
R.S.1943, § 55-109;
Laws 1953, c. 188, § 7, p. 595;
R.R.S.1943, § 55-109;
Laws 1969, c. 459, § 6, p. 1583.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-109 - National Guard; units; location.

55-109.
National Guard; units; location.
The location of units, including headquarters, shall be fixed by the Governor on the recommendation of the Adjutant General.
Source
Laws 1929, c. 189, § 7, p. 659;
C.S.1929, § 55-112;
R.S.1943, § 55-110;
Laws 1969, c. 459, § 7, p. 1583.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-110 - National Guard; uniform; arms; equipment.

55-110.
National Guard; uniform; arms; equipment.
The National Guard of Nebraska shall be uniformed, armed and equipped as provided by the laws or regulations of the United States. Such uniforms, arms and equipment shall be procured and issued by the proper officers as the needs of the service may require and shall be accounted for as the regulations may prescribe.
Source
Laws 1929, c. 189, § 17, p. 661;
C.S.1929, § 55-122;
R.S.1943, § 55-112;
Laws 1969, c. 459, § 8, p. 1584.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-111 - National Guard; units; inspection.

55-111.
National Guard; units; inspection.
Inspections of all units and equipment of the National Guard shall be made as required by United States law or regulation. The Adjutant General may make or order such additional inspections as he shall determine necessary.
Source
Laws 1929, c. 189, § 24, p. 663;
C.S.1929, § 55-130;
R.S.1943, § 55-113;
Laws 1969, c. 459, § 9, p. 1584.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-112 - Military property; custody and care; violation; penalty.

55-112.
Military property; custody and care; violation; penalty.
All public property, except when in use in the performance of military duty, shall be kept in armories, or other properly designated places of deposit. It shall be unlawful for any person charged with the care and safety of such public property to allow the same out of his custody except as above specified, and any member of the Nebraska National Guard who shall fail to return any property of the state or the United States to the armory or other place of deposit, when notified by the commanding officer so to do, or who shall wear or use the property of the state or the United States, except under orders of an officer, shall be fined in any sum not exceeding fifty dollars, to be prosecuted and collected as in other cases of misdemeanor.
Source
Laws 1909, c. 90, § 34, p. 377;
R.S.1913, § 3934;
C.S.1922, § 3334;
C.S.1929, § 55-161;
R.S.1943, § 55-128;
Laws 1969, c. 459, § 10, p. 1584.
Annotations
It was Adjutant General's duty to enter into lease reasonably necessary to provide National Guard armory in which to keep military property. Omaha Armory Building Co. v. Johnson, 119 Neb. 29, 226 N.W. 911 (1929).
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-113 - National Guard; drills; encampments; maneuvers.

55-113.
National Guard; drills; encampments; maneuvers.
Each organization shall assemble for drill and instruction, and participate in encampments, maneuvers and other exercises at such periods as may be prescribed by the Governor in accordance with the requirements of the laws or regulations of the United States.
Source
Laws 1929, c. 189, § 23, p. 663;
C.S.1929, § 55-129;
R.S.1943, § 55-153;
Laws 1969, c. 459, § 11, p. 1584.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-114 - National Guard; annual encampment; attendance.

55-114.
National Guard; annual encampment; attendance.
The Nebraska National Guard shall encamp for instruction not less than fifteen days annually at such time, place, or places as may be ordered by the Governor. No member of the Nebraska National Guard will be excused from attendance except upon an order of the Adjutant General.
Source
Laws 1909, c. 90, § 40, p. 379;
R.S.1913, § 3940;
C.S.1922, § 3340;
C.S.1929, § 55-167;
R.S.1943, § 55-154;
Laws 1953, c. 188, § 24, p. 601;
R.R.S.1943, § 55-154;
Laws 1969, c. 459, § 12, p. 1585.
Annotations
Carpenter employed by Nebraska National Guard in preparation for encampment was employee of state governmental agency under workmen's compensation law, when injured in course of employment. Nebraska National Guard v. Morgan, 112 Neb. 432, 199 N.W. 557 (1924).
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-115 - Militia; commander in chief; powers.

55-115.
Militia; commander in chief; powers.
The Governor, as commander in chief of the militia, may employ the militia or any part of it in the defense or relief of the state, or any part of its inhabitants or territories, and shall have all the powers necessary to carry into effect the provisions of this code.
Source
Laws 1909, c. 90, § 5, p. 366;
R.S.1913, § 3904;
C.S.1922, § 3302;
C.S.1929, § 55-106;
R.S.1943, § 55-105;
Laws 1969, c. 459, § 13, p. 1585.
Cross References
"This code", see section 55-101.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-116 - Militia; state of insurrection; power of Governor to proclaim.

55-116.
Militia; state of insurrection; power of Governor to proclaim.
Whenever any portion of the militia is employed in aid of the civil authority, the Governor, if in his judgment the maintenance of law and order will thereby be promoted, may by proclamation declare the county or city in which the troops are serving, or any specified portion thereof, to be in a state of insurrection.
Source
Laws 1909, c. 90, § 17, p. 372;
R.S.1913, § 3916;
C.S.1922, § 3325;
C.S.1929, § 55-152;
R.S.1943, § 55-182;
Laws 1969, c. 459, § 14, p. 1585.
Annotations
Governor may make use of National Guard to suppress insurrection and his declaration of the existence of a state of insurrection is conclusive. United States ex rel. Seymour v. Fischer, 280 F. 208 (D. Neb. 1922).
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-117 - Militia; National Guard; induction into actual service; occasions.

55-117.
Militia; National Guard; induction into actual service; occasions.
The Nebraska National Guard shall be liable at all times to be ordered into active service, and shall be first called out by the Governor on all occasions for military service within the state, in time of war, invasions, riot, rebellion, insurrection, disaster, or reasonable apprehension thereof, or upon the requisition of the President of the United States. In case the National Guard is insufficient in number or is not available, the Governor may by proclamation order the enrollment for active service of such additional portion of the militia as he may deem necessary to meet the emergency or to comply with the requisition of the President of the United States, designating the same by draft, if a sufficient number shall not volunteer, and may organize the same in the manner herein provided for organizing the Nebraska National Guard. When so ordered out for service, the militia shall be subject to the same regulations and render the same service as required of the Nebraska National Guard, and receive the same compensation as that prescribed at the time of said service for the army of the United States. In any situation where the National Guard is ordered to duty for any of the purposes listed in this section it shall be the duty, the responsibility, and the obligation of the Governor through the Adjutant General to exercise such control as he deems essential for the purpose of quelling any riot, rebellion or insurrection, and for such purposes any local police authorities shall be subject to his control and direction.
Source
Laws 1909, c. 90, § 16, p. 371;
R.S.1913, § 3915;
C.S.1922, § 3324;
C.S.1929, § 55-149;
R.S.1943, § 55-180;
Laws 1967, c. 615, § 1, p. 2063;
R.R.S.1943, § 55-180;
Laws 1969, c. 459, § 15, p. 1585;
Laws 1974, LB 983, § 2.
Annotations
National Guard, though subject to call by federal government, is essentially a state institution, and is a governmental agency under Workmen's Compensation Act. Nebraska National Guard v. Morgan, 112 Neb. 432, 199 N.W. 557 (1924).
Where proclamation of Governor recites a condition of lawlessness and disorder beyond control of civil authorities, it is equivalent to a declaration of existence of insurrection. United States ex rel. Seymour v. Fischer, 280 F. 208 (D. Neb. 1922).
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-118 - Militia; draft for service; apportionment.

55-118.
Militia; draft for service; apportionment.
In case of a draft, the Governor shall apportion it equitably among the several counties, taking care that the apportionment shall equitably be made among the several townships or precincts of the county, in such manner as he may prescribe. He shall in case of any such draft appoint a time and place of assembly, and shall have such other and further power as may be necessary to carry into effect the provisions of this code relative to any such draft.
Source
Laws 1909, c. 90, § 16, p. 371;
R.S.1913, § 3915;
C.S.1922, § 3324;
C.S.1929, § 55-151;
R.S.1943, § 55-181;
Laws 1969, c. 459, § 16, p. 1586.
Cross References
"This code", see section 55-101.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-119 - Militia; rules and regulations.

55-119.
Militia; rules and regulations.
The Governor, as commander in chief, is hereby authorized and empowered to make such rules and regulations and to promulgate all orders which he in his sole discretion shall determine desirable or necessary for the carrying into effect of the provisions of this code. When so promulgated by the Governor they shall have the same force and effect as the provisions of this code. The rules and regulations in force at the time of the passage of this code, and not inconsistent herewith, shall remain in force until new rules and regulations are approved and promulgated.
Source
Laws 1929, c. 189, § 54, p. 672;
C.S.1929, § 55-173;
R.S.1943, § 55-138;
Laws 1953, c. 188, § 16, p. 598;
R.R.S.1943, § 55-138;
Laws 1969, c. 459, § 17, p. 1586.
Cross References
"This code", see section 55-101.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-120 - National Guard; Military Department; officers; personnel; rank.

55-120.
National Guard; Military Department; officers; personnel; rank.
The Military Department shall consist of the Adjutant General in the minimum grade of lieutenant colonel, one deputy adjutant general with a minimum grade of colonel, or a civilian deputy director, one assistant director for Nebraska Emergency Management Agency affairs, and such other officers and enlisted personnel in the number and grade as prescribed by the United States Department of the Army and Department of the Air Force personnel documents provided to the National Guard or as otherwise authorized.
Source
Laws 1917, c. 205, § 3, p. 483;
Laws 1919, c. 121, § 1, p. 288;
C.S.1922, § 3304;
Laws 1929, c. 189, § 19, p. 661;
C.S.1929, § 55-124;
R.S.1943, § 55-139;
Laws 1953, c. 188, § 17, p. 598;
Laws 1963, c. 321, § 2, p. 975;
R.R.S.1943, § 55-139;
Laws 1969, c. 459, § 18, p. 1587;
Laws 1974, LB 983, § 3;
Laws 1996, LB 43, § 10;
Laws 2010, LB550, § 2;
Laws 2014, LB806, § 1.
Annotations
Nebraska National Guard is a state governmental agency when preparing for and holding annual encampment. Nebraska National Guard v. Morgan, 112 Neb. 432, 199 N.W. 557 (1924).
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-121 - Adjutant General; qualifications; salary; sources for payment; performance of federal duties; effect.

55-121.
Adjutant General; qualifications; salary; sources for payment; performance of federal duties; effect.
The Adjutant General shall be appointed by the Governor from the active or retired commissioned officers of the National Guard of this state. Such Adjutant General shall be or have been a commissioned officer who has actively served in the National Guard of this state for at least five years, shall have attained at least the grade of lieutenant colonel, and shall be able to become eligible for promotion to general officer. If a retired officer is appointed, he or she shall not have been retired for more than two years at the time he or she is considered for appointment. He or she shall hold his or her office as provided in section 55-136. He or she shall receive for his or her services such salary as the Governor shall direct, payable biweekly, except that such salary shall not exceed the annual pay and allowances of regular military officers of equal rank. If funds made available by the federal government are in excess of the amount payable as directed by the Governor, the excess shall be used to reduce the amount required to be paid by the state. Due to the interrelated nature of the Adjutant General's state and federal duties, the Adjutant General shall not be required to take paid or unpaid leave or leaves of absence to perform his or her federal duties, whether or not under federal orders. The Adjutant General shall continue to receive his or her salary during all such periods. The Adjutant General shall only be required to take leave or leaves of absence during those times when he or she is absent and performing neither his or her state nor federal duties as Adjutant General. This section shall not apply if the Adjutant General is called to active duty of the United States under 10 U.S.C.
Source
Laws 1917, c. 205, § 4, p. 485;
Laws 1919, c. 121, § 2, p. 290;
Laws 1921, c. 234, § 1, p. 834;
C.S.1922, § 3305;
C.S.1929, § 55-125;
R.S.1943, § 55-141;
Laws 1947, c. 196, § 1, p. 639;
Laws 1951, c. 182, § 1, p. 685;
Laws 1961, c. 273, § 1, p. 807;
Laws 1965, c. 341, § 2, p. 972;
R.R.S.1943, § 55-141;
Laws 1969, c. 459, § 19, p. 1587;
Laws 1974, LB 983, § 4;
Laws 2004, LB 963, § 1;
Laws 2010, LB550, § 3.