reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-122 - Adjutant General; powers and duties.

55-122.
Adjutant General; powers and duties.
The Adjutant General shall be in control of the military forces of the state and subordinate only to the Governor in matters pertaining to such forces. He shall issue and transmit all orders of the Governor with reference to the militia or military organization of the state, and shall keep a record of all officers commissioned by the Governor and all general and special regulations, and of all such matters as pertain to the organization of the state militia and Nebraska National Guard. He shall have charge of, and receive and issue all ordnance and ordnance stores, clothing, camp, and garrison equipment, and other public property pertaining to the militia or National Guard of the state, and shall provide transportation and subsistence, when necessary, under authority of the Governor. He shall audit all claims and accounts against the state except as otherwise provided by law. He shall have charge of and carefully preserve the colors, flags, guidons, and military trophies belonging to the state, and shall not allow the same to be loaned out or removed from their proper place of deposit. He shall furnish at the expense of the state all proper blank books, forms, and such military instruction books as shall be approved by the Governor.
Source
Laws 1917, c. 205, § 4, p. 484;
Laws 1919, c. 121, § 2, p. 289;
Laws 1921, c. 234, § 1, p. 832;
C.S.1922, § 3305;
C.S.1929, § 55-125;
R.S.1943, § 55-140;
Laws 1953, c. 188, § 18, p. 599;
R.R.S.1943, § 55-140;
Laws 1969, c. 459, § 20, p. 1587.
Cross References
Nebraska Emergency Management Agency, administration of, see section 81-829.31.
Annotations
It was Adjutant General's duty to enter into lease reasonably necessary to provide National Guard armory for which Legislature appropriated funds. Omaha Armory Building Co. v. Johnson, 119 Neb. 29, 226 N.W. 911 (1929).
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-122.01 - Adjutant General; military ceremonies and honors; duties; provide flag; when.

55-122.01.
Adjutant General; military ceremonies and honors; duties; provide flag; when.
The Adjutant General shall conduct military ceremonies and honors in accordance with laws, regulations, or customs of the appropriate branch of the service. When an American flag is not provided by other sources, the Adjutant General shall provide an American flag for presentation during the funeral service honors ceremony for an active Nebraska National Guard member or for an honorably discharged Nebraska National Guard member who completed at least twenty years of service.
Source
Laws 1991, LB 313, § 2.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-123 - Adjutant General; disbursing officer; bond or insurance.

55-123.
Adjutant General; disbursing officer; bond or insurance.
The Adjutant General shall be the disbursing officer, unless otherwise ordered by the Governor, for the allotment to be made by the Secretary of the Army and the Secretary of the Air Force under the provisions of the laws of the United States. He or she shall give such bonds to the United States as may be required by the Secretary of the Army and Secretary of the Air Force, respectively, for the faithful accounting and safekeeping and payment of public money coming into his or her hands or entrusted to him or her for disbursement. To satisfy state bonding requirements, the Adjutant General shall be bonded or insured as required by section 11-201.
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, § 55-142;
Laws 1953, c. 188, § 19, p. 599;
R.R.S.1943, § 55-142;
Laws 1969, c. 459, § 21, p. 1588;
Laws 1978, LB 653, § 15;
Laws 2004, LB 884, § 27.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-124 - Adjutant General; absence or entry into active service; acting Adjutant General; appointment; powers; compensation.

55-124.
Adjutant General; absence or entry into active service; acting Adjutant General; appointment; powers; compensation.
Whenever the Adjutant General shall be absent from the state on active service in the armed forces of the United States for more than thirty days, including attendance at service schools, his term of office shall not expire, and the Governor may appoint an acting Adjutant General for the period of such absence. The acting Adjutant General shall be chosen from among the officers or former officers of the active National Guard and shall have the same powers and duties as the Adjutant General. He shall be compensated for his services at the same rate provided by law for the pay of the Adjutant General, and during the period in office of such acting Adjutant General, the Adjutant General shall not be entitled to and shall not be paid any salary or other compensation by the state.
Source
Laws 1951, c. 181, § 1, p. 684;
R.R.S.1943, § 55-141.01;
Laws 1969, c. 459, § 22, p. 1588.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-125 - Adjutant General; assistants; qualifications.

55-125.
Adjutant General; assistants; qualifications.
(1) The Adjutant General shall appoint a deputy adjutant general or a civilian deputy director. An officer appointed as a deputy adjutant general shall hold the minimum grade of colonel as provided in section 55-120. No person shall be eligible for appointment and service as the deputy adjutant general unless he or she is an active member of the Nebraska National Guard. The deputy adjutant general shall have had at least four years of commissioned service in the Nebraska National Guard immediately prior to appointment and shall have attained at least the grade of lieutenant colonel and be eligible for promotion to colonel prior to his or her appointment as deputy adjutant general.
(2) The chief of the National Guard Bureau shall appoint a United States property and fiscal officer. The officer shall hold the minimum grade of colonel. The Governor shall nominate one or more officers for the position of United States property and fiscal officer after consultation with the Adjutant General. All nominees shall have attained at least the grade of lieutenant colonel and be eligible for promotion to colonel prior to his or her nomination. The United States property and fiscal officer may appoint, with the approval of the Adjutant General, one or more assistant United States property and fiscal officers, each with the minimum grade of captain. The United States property and fiscal officer and each assistant United States property and fiscal officer shall be appointed from among the active officers of the Nebraska National Guard and shall have been commissioned officers in the Nebraska National Guard for a period of at least four years immediately prior to appointment.
(3) The Adjutant General shall appoint all additional officers, clerks, and caretakers as may be required.
Source
Laws 1917, c. 205, § 4, p. 485;
Laws 1919, c. 121, § 2, p. 290;
Laws 1921, c. 234, § 1, p. 833;
C.S.1922, § 3305;
C.S.1929, § 55-125;
R.S.1943, § 55-143;
Laws 1953, c. 188, § 20, p. 600;
Laws 1963, c. 321, § 3, p. 976;
R.R.S.1943, § 55-143;
Laws 1969, c. 459, § 23, p. 1589;
Laws 1974, LB 983, § 5;
Laws 1976, LB 614, § 1;
Laws 2004, LB 963, § 2;
Laws 2010, LB550, § 4;
Laws 2014, LB806, § 2.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-126 - Adjutant General; assistants; duties; bond or insurance; salary.

55-126.
Adjutant General; assistants; duties; bond or insurance; salary.
The deputy adjutant general or civilian deputy director shall aid the Adjutant General by the performance of such duties as may be assigned by the Adjutant General. In case of absence or inability of the Adjutant General, the deputy adjutant general or civilian deputy director shall perform all or such portion of the duties of the Adjutant General as the latter may expressly delegate to him or her. If the Adjutant General has appointed a civilian deputy director the Adjutant General may, in the event of the Adjutant General's absence, delegate the authority to perform the military duties of the Adjutant General to any active officer of the Nebraska National Guard who shall hold the minimum grade of colonel. In the case of absence of both the Adjutant General and the deputy adjutant general or civilian deputy director, the Adjutant General may delegate the authority to perform the military duties of the Adjutant General to any active officer of the Nebraska National Guard who shall hold the minimum grade of colonel and the Adjutant General may delegate the authority to perform state duties to any member of his or her appointed executive staff. The deputy adjutant general or civilian deputy director shall be bonded or insured as required by section 11-201. The deputy adjutant general or civilian deputy director shall receive such salary as the Adjutant General shall direct, payable biweekly. Such salary for the deputy adjutant general shall not exceed the annual pay and allowances of regular military officers of equal rank and time in service, except that when funds made available by the federal government are in excess of the amount payable as directed by the Adjutant General, the excess shall be used to reduce the amount required to be paid by the State of Nebraska. Except when called or ordered to active duty of the United States under 10 U.S.C. in support of missions authorized by the President of the United States or Secretary of Defense, the deputy adjutant general shall not be required to take either paid or unpaid leave, or a leave of absence or a reduction in salary, when performing his or her federal duties whether or not under federal orders.
Source
Laws 1917, c. 205, § 4, p. 486;
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, § 55-144;
Laws 1947, c. 196, § 2, p. 639;
Laws 1951, c. 182, § 2, p. 685;
Laws 1963, c. 321, § 4, p. 976;
R.R.S.1943, § 55-144;
Laws 1969, c. 459, § 24, p. 1589;
Laws 1978, LB 653, § 16;
Laws 1993, LB 170, § 1;
Laws 2004, LB 884, § 28;
Laws 2004, LB 963, § 3;
Laws 2010, LB550, § 5;
Laws 2014, LB806, § 3.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-127 - United States property and fiscal officer; duties; bond or insurance.

55-127.
United States property and fiscal officer; duties; bond or insurance.
The United States property and fiscal officer shall perform such duties as may be assigned to him or her by the Adjutant General. He or she shall make such reports and returns to the Department of the Army and the Air Force or the President of the United States as may be required by law or regulations. He or she shall give such bond to the United States as may be required by the Secretary of the Army and Secretary of the Air Force, respectively, for the faithful accounting, safekeeping, and payment of public money coming into his or her hands or entrusted to him or her for disbursement. To satisfy state bonding requirements, he or she shall be bonded or insured as required by section 11-201.
Source
Laws 1917, c. 205, § 4, p. 486;
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, § 55-145;
Laws 1953, c. 188, § 21, p. 600;
Laws 1963, c. 321, § 5, p. 977;
R.R.S.1943, § 55-145;
Laws 1969, c. 459, § 25, p. 1590;
Laws 1978, LB 653, § 17;
Laws 2004, LB 884, § 29.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-128 - Adjutant General; seal.

55-128.
Adjutant General; seal.
The Adjutant General shall provide a seal, which shall be the seal of his office, and shall be delivered by him to his successor.
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, § 55-147;
Laws 1969, c. 459, § 26, p. 1590.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-129 - Adjutant General; reports.

55-129.
Adjutant General; reports.
The Adjutant General shall make reports at such times and as to such matters as the Governor may require. He or she shall make such reports and returns to the Department of the Army and Air Force or the President of the United States as may be required by laws or regulations.
Source
Laws 1917, c. 205, § 4, p. 485;
Laws 1919, c. 121, § 2, p. 289;
Laws 1921, c. 234, § 1, p. 833;
C.S.1922, § 3305;
C.S.1929, § 55-125;
R.S.1943, § 55-148;
Laws 1953, c. 188, § 23, p. 601;
Laws 1955, c. 231, § 11, p. 722;
R.R.S.1943, § 55-148;
Laws 1969, c. 459, § 27, p. 1590;
Laws 1981, LB 545, § 16.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-131 - Adjutant General; property; receipt as trustee; control; disposition; Military Department Cash Fund; created; investment.

55-131.
Adjutant General; property; receipt as trustee; control; disposition; Military Department Cash Fund; created; investment.
The Military Department Cash Fund is created. The fund shall be administered by the Adjutant General. The fund shall consist of all nonfederal revenue received by the National Guard pursuant to this section. The Adjutant General is hereby authorized to accept by devise, gift, or otherwise and hold, as trustee, for the benefit and use of the National Guard or any part thereof any property, real or personal; to invest and reinvest the property; to collect, receive, and recover the rents, incomes, and issues from the property; and to expend them as provided by the terms of the devise or gift, or if not so provided, to expend them for the benefit and use of the National Guard as he or she in his or her discretion shall determine, subject to the approval of the Governor. Except as otherwise provided by law, all other money received by the National Guard and derived from any other source shall be remitted to the State Treasurer for credit to the Military Department Cash Fund. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Military Department Cash 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 1929, c. 189, § 20, p. 662;
C.S.1929, § 55-126;
R.S.1943, § 55-150;
Laws 1965, c. 342, § 1, p. 973;
R.R.S.1943, § 55-150;
Laws 1969, c. 459, § 29, p. 1591;
Laws 1969, c. 584, § 55, p. 2379;
Laws 1995, LB 7, § 61;
Laws 2006, LB 787, § 9;
Laws 2007, LB322, § 9;
Laws 2009, First Spec. Sess., LB3, § 31.
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 › 55-132 - Adjutant General; armories; rifle ranges; control; management; rental.

55-132.
Adjutant General; armories; rifle ranges; control; management; rental.
The Adjutant General shall be the director of state armories and of the National Guard rifle ranges. He shall provide grounds, armories, and other buildings, for the purpose of drill and for the safekeeping of all federal and state property of the United States or of this state, and lease, in the name of the State of Nebraska, suitable property and buildings therefor, and cause the same to be paid for from money appropriated for National Guard support, when in his judgment it is for the best interests of the state so to do. He shall provide for the management, care and maintenance of such grounds, armories, buildings and National Guard rifle ranges. He may adopt and prescribe such rules and regulations respecting the same as he in his sole discretion shall determine to be necessary or desirable. He may permit, by order, revocable at his pleasure, the use of armories for the regular meetings or functions of patriotic societies or recognized military service organizations or for other meetings of a public nature, at such times and under such circumstances as not to interfere with the use of such armories for military purposes by the units quartered therein, subject to such rules and regulations as he in his sole discretion may determine necessary or desirable. For such use of armories or facilities he may exact such rent as may be necessary to meet the expense of such meeting, clean and maintain the premises, or pay for extra help required.
Source
Laws 1929, c. 189, § 22, p. 662;
C.S.1929, § 55-128;
R.S.1943, § 55-151;
Laws 1961, c. 274, § 1, p. 808;
R.R.S.1943, § 55-151;
Laws 1969, c. 459, § 30, p. 1591.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-133 - Adjutant General; armories and equipment; assignment; military emergency vehicles; designation.

55-133.
Adjutant General; armories and equipment; assignment; military emergency vehicles; designation.
(1) The Adjutant General shall assign to each organization an armory and such other equipment as may be necessary to comply with the requirements of United States laws or regulations for National Guard units allotted to the State of Nebraska.
(2)(a) The Adjutant General may designate any publicly owned military vehicles of the National Guard described in subdivision (b) of this subsection as military emergency vehicles. Military emergency vehicles shall be operated as emergency vehicles only when responding to a public disaster, war, riot, invasion, insurrection, or resistance of process or in case of imminent danger of the occurrence of any of such events. The Adjutant General shall develop and enforce standard operating procedures for military emergency vehicles.
(b) Vehicles eligible for designation as military emergency vehicles shall be limited to vehicles assigned to:
(i) The Civil Support Team, or any successor unit; and
(ii) The chemical, biological, radiological, nuclear, and high-yield explosives enhanced response force package, commonly known as the CERFP unit, or any successor unit.
Source
Laws 1929, c. 189, § 21, p. 662;
C.S.1929, § 55-127;
R.S.1943, § 55-152;
Laws 1969, c. 459, § 31, p. 1592;
Laws 2008, LB196, § 1.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-134 - National Guard; composition; discrimination prohibited.

55-134.
National Guard; composition; discrimination prohibited.
The Nebraska National Guard shall consist of the regularly enlisted personnel between the ages of seventeen and sixty years organized, armed, and equipped as hereinafter provided, of warrant officers between the ages of eighteen and sixty-two years, and of commissioned officers between the ages of eighteen and sixty-four years. The number of officers and enlisted personnel of the National Guard shall be determined from time to time and organized so as to at least meet the minimum requirements of the National Guard organizations allotted to this state. No discrimination shall be made in the enlistment of an individual, advancement in grade, or appointment of officers on account of race, color, creed, or sex.
Source
Laws 1929, c. 189, § 5, p. 658;
C.S.1929, § 55-110;
Laws 1935, c. 121, § 1, p. 439;
C.S.Supp.,1941, § 55-110;
R.S.1943, § 55-108;
Laws 1945, c. 133, § 1, p. 423;
Laws 1953, c. 188, § 6, p. 595;
R.R.S.1943, § 55-108;
Laws 1969, c. 459, § 32, p. 1592;
Laws 1979, LB 80, § 106;
Laws 1984, LB 934, § 1.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-135 - National Guard; personnel; number; grade; service.

55-135.
National Guard; personnel; number; grade; service.
The number and grade of officers and enlisted personnel shall be as prescribed by the United States Department of the Army and the Department of the Air Force personnel documents provided to the National Guard or as otherwise authorized, but in case of war, invasion, insurrection, riot, or imminent danger, the Governor may temporarily increase them to meet such emergencies. All officers shall hold their commissions until separated by reason of resignation, disability, or pursuant to applicable regulations issued by the Department of the Army or the Department of the Air Force. Vacancies among officers shall be filled by appointment, subject to such regulations relating thereto as now or may hereafter be promulgated by the United States Government.
Source
Laws 1929, c. 189, § 9, p. 659;
C.S.1929, § 55-114;
Laws 1935, c. 121, § 2, p. 439;
C.S.Supp.,1941, § 55-114;
R.S.1943, § 55-114;
Laws 1945, c. 133, § 2, p. 423;
R.R.S.1943, § 55-114;
Laws 1969, c. 459, § 33, p. 1593;
Laws 1978, LB 570, § 1;
Laws 1984, LB 934, § 2;
Laws 2010, LB550, § 6.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-136 - National Guard; officers; qualifications; service; discharge.

55-136.
National Guard; officers; qualifications; service; discharge.
Staff officers, including officers of the pay, inspection, subsistence, medical, and Adjutant General's department, shall have had previous military experience and shall hold their positions until they have reached the age of sixty-four years unless retired prior to that time by reason of resignation, disability, or pursuant to applicable regulations issued by the Department of the Army or the Department of the Air Force. Vacancies among such officers shall be filled by appointment by the Governor or the Adjutant General. All commissioned officers shall be entitled to an honorable discharge in writing at the expiration of their term of office on properly accounting for all property for which they are responsible.
Source
Laws 1917, c. 205, § 16, p. 488;
Laws 1919, c. 121, § 4, p. 291;
Laws 1921, c. 234, § 2, p. 835;
C.S.1922, § 3320;
C.S.1929, § 55-140;
Laws 1935, c. 121, § 3, p. 440;
C.S.Supp.,1941, § 55-140;
Laws 1943, c. 127, § 1, p. 430;
R.S.1943, § 55-115;
Laws 1969, c. 459, § 34, p. 1593;
Laws 1978, LB 570, § 2;
Laws 1993, LB 170, § 2.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-137 - National Guard; officers; commissions.

55-137.
National Guard; officers; commissions.
Any person appointed and commissioned an officer of the National Guard is required to pass such tests as to his physical, moral and professional fitness as shall be prescribed by the United States. The examination to determine such qualifications for commissions shall be as prescribed by the United States. Officers shall be commissioned by the Governor, and the commission shall designate the arm, staff corps or department, and, in the case of line officers, the unit to which they are assigned.
Source
Laws 1929, c. 189, § 11, p. 659;
C.S.1929, § 55-116;
R.S.1943, § 55-116;
Laws 1969, c. 459, § 35, p. 1593.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-138 - National Guard; officers; selection; separation.

55-138.
National Guard; officers; selection; separation.
The system of selecting and separating officers of the Nebraska National Guard will be prescribed in regulations issued by the Department of the Army or Department of the Air Force.
Source
Laws 1917, c. 205, § 15, p. 488;
Laws 1919, c. 121, § 3, p. 291;
C.S.1922, § 3319;
C.S.1929, § 55-139;
R.S.1943, § 55-117;
Laws 1953, c. 188, § 9, p. 596;
R.R.S.1943, § 55-117;
Laws 1969, c. 459, § 36, p. 1594;
Laws 1978, LB 570, § 3.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-139 - National Guard; officers; powers and duties.

55-139.
National Guard; officers; powers and duties.
In addition to the powers and duties prescribed in this code, all officers of the National Guard shall have the same powers and perform the same duties as officers of similar grade and rank in the Army and Air Force of the United States insofar as may be authorized by the laws or regulations of the United States.
Source
Laws 1929, c. 189, § 15, p. 661;
C.S.1929, § 55-120;
R.S.1943, § 55-118;
Laws 1953, c. 188, § 10, p. 596;
R.R.S.1943, § 55-118;
Laws 1969, c. 459, § 37, p. 1594.
Cross References
"This code", see section 55-101.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-139.01 - National Guard; peace officer; powers.

55-139.01.
National Guard; peace officer; powers.
While in the active service of the state or on orders under 32 U.S.C., as a member of the militia of this state or another state, by direction or request of the Governor, members of the National Guard are peace officers and conservators of the peace with the power to keep the same, to prevent crime, to arrest any person liable thereto, or to execute process of law. They may call any person to their aid and, when necessary, may summon the power of the state. The authority to perform peace officer duties will be established within the official order to duty and may be limited by the Governor, in writing, as necessitated by the mission.
Source
Laws 2010, LB550, § 7.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-140 - National Guard; oaths; commissioned officers may administer.

55-140.
National Guard; oaths; commissioned officers may administer.
All commissioned officers of the Nebraska National Guard shall be authorized and empowered to administer oaths and affirmations necessary for the administration of military business.
Source
Laws 1909, c. 90, § 63, p. 384;
R.S.1913, § 3962;
C.S.1922, § 3360;
C.S.1929, § 55-179;
R.S.1943, § 55-119;
Laws 1969, c. 459, § 38, p. 1594;
Laws 1993, LB 170, § 3.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-141 - Militia; commissioned officers; power of arrest.

55-141.
Militia; commissioned officers; power of arrest.
Any commissioned officer of the military forces shall have the ordinary powers of a peace officer to arrest and detain any member of the military forces of the State of Nebraska for the commission of any crime punishable under the laws of the state while in any active service of the state. The arresting officer may release the offender to the civil authorities for prosecution.
Source
Laws 1909, c. 90, § 70, p. 386;
R.S.1913, § 3968;
C.S.1922, § 3366;
C.S.1929, § 55-184;
R.S.1943, § 55-120;
Laws 1969, c. 459, § 39, p. 1594.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-142 - Violations; penalty.

55-142.
Violations; penalty.
Any person who (1) trespasses upon any campground, armory, airport or any other place devoted to military duty; (2) unlawfully molests, insults, abuses or obstructs any member of the Nebraska National Guard while in the performance of his military duty; (3) interrupts or disturbs the orderly discharge of military duty; or (4) disturbs or prevents the passage of troops going to or returning from any duty shall be guilty of a Class II misdemeanor.
Upon probable cause, any person suspected of violating this section may be detained by or at the direction of the commanding officer of the troops or of the place concerned.
The Adjutant General may cause any person so detained in accordance with the provisions of this section to be released to the civil authorities for prosecution.
Source
Laws 1969, c. 459, § 40, p. 1594;
Laws 1977, LB 39, § 50.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-143 - National Guard; officers; fitness; determination.

55-143.
National Guard; officers; fitness; determination.
At any time the moral character, capacity, and general fitness for the service of any National Guard officer may be determined by a board as provided by the United States. Commissions of officers of the National Guard may be vacated upon resignation, upon absence without leave for three months, upon recommendation of a board pursuant to sentence of a court-martial, or upon separation based upon the causes set forth in section 55-136. Officers of the guard rendered surplus by the disbandment of their organization shall be disposed of as provided by the United States. Officers may, upon their own application, be placed in the reserve as may be authorized by the United States.
Source
Laws 1929, c. 189, § 12, p. 660;
C.S.1929, § 55-117;
R.S.1943, § 55-122;
Laws 1969, c. 459, § 41, p. 1595;
Laws 1978, LB 570, § 4;
Laws 1993, LB 170, § 4.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-144 - National Guard; officers; resignation.

55-144.
National Guard; officers; resignation.
Commissioned officers and warrant officers may resign in such manner and under such circumstances as may be prescribed by regulations of the United States Government.
Source
Laws 1929, c. 189, § 10, p. 659;
C.S.1929, § 55-115;
R.S.1943, § 55-123;
Laws 1969, c. 459, § 42, p. 1595.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-145 - National Guard; officers; resignations; acceptance; limitations.

55-145.
National Guard; officers; resignations; acceptance; limitations.
Resignations of all commissioned officers and warrant officers will be forwarded to the Adjutant General, through their immediate commanding officers, for the action of the Governor, who may accept and grant an honorable discharge;
Provided,
the officer shall not be honorably discharged until he has satisfactorily accounted for all property he may be responsible for, nor while under charges for the commission of any offense.
Source
Laws 1909, c. 90, § 47, p. 381;
R.S.1913, § 3946;
C.S.1922, § 3345;
C.S.1929, § 55-172;
R.S.1943, § 55-124;
Laws 1969, c. 459, § 43, p. 1595.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-146 - National Guard; personnel; ordered to active duty; limitations.

55-146.
National Guard; personnel; ordered to active duty; limitations.
Officers and enlisted personnel of the National Guard who are active or retired may be ordered to active service of the state by the Governor or the Adjutant General: (1) During times of disaster declared by the Governor; (2) in any emergency when the lives or the property of the people of this state are endangered; and (3) at any time for advice, counsel, duties, or service to the Governor or Adjutant General. The length of service of any individual ordered to active service of the state for disasters or emergencies shall be determined by the Adjutant General. The length of service for any individual ordered to active service of the state for advice, counsel, duties, or service to the Governor or Adjutant General shall not exceed fifteen continuous days for any one mission or project, and no more than fifteen individuals shall be ordered to such duty for any one mission or project.
Source
Laws 1955, c. 213, § 1, p. 598;
Laws 1963, c. 321, § 1, p. 975;
Laws 1965, c. 341, § 1, p. 971;
R.R.S.1943, § 55-121.01;
Laws 1969, c. 459, § 44, p. 1596;
Laws 1984, LB 934, § 3;
Laws 1990, LB 930, § 1.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-147 - National Guard; officers; retired at higher grade, when.

55-147.
National Guard; officers; retired at higher grade, when.
The Governor shall have the power, on good cause shown, to retire any officer in the next higher grade than that held by the officer during his active military service in the National Guard.
Source
Laws 1955, c. 213, § 2, p. 598;
R.R.S.1943, § 55-121.02;
Laws 1969, c. 459, § 45, p. 1596.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-148 - National Guard; officers; retirement; right of retired officers to wear uniform and insignia.

55-148.
National Guard; officers; retirement; right of retired officers to wear uniform and insignia.
Commissions of National Guard officers shall be vacated as provided by the laws or regulations of the United States. Any commissioned officer of the National Guard who resigns or is retired and who shall have served as such officer for a period of not less than ten years, and any commissioned officer of the National Guard who has been honorably discharged from the Army of the United States after serving therein for a period of ninety days or more during any war and who shall have served as such officer of the National Guard for a period of not less than five years, and any commissioned officer of the National Guard who has become, or who shall hereafter become, disabled and thereby incapable of performing the duties of his office, may, upon his retirement upon his own request in writing, stating the grounds therefor, and by order of the Governor, have his name placed on a roll in the office of the Adjutant General to be known as the roll of retired officers, and shall thereby be entitled to wear, when not in conflict with the laws or regulations of the United States, on state or other occasions of ceremony, the uniform of the rank last held by him. The Governor may, by general order, provide a suitable mark of distinction for all officers and enlisted men who have served in the National Guard.
Source
Laws 1929, c. 189, § 13, p. 660;
C.S.1929, § 55-118;
R.S.1943, § 55-125;
Laws 1969, c. 459, § 46, p. 1596.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-149 - National Guard; arms; supplies; issuance.

55-149.
National Guard; arms; supplies; issuance.
Arms, accoutrements, ammunition, supplies and stores shall be issued to the proper officers of each organization upon requisition as prescribed by the laws or regulations of the United States.
Source
Laws 1929, c. 189, § 18, p. 661;
C.S.1929, § 55-123;
R.S.1943, § 55-126;
Laws 1969, c. 459, § 47, p. 1597.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-150 - National Guard; officers; bond or insurance; amount; conditions.

55-150.
National Guard; officers; bond or insurance; amount; conditions.
Commanders of organizations and units and all other officers who are responsible for public military property shall execute and deliver to the Adjutant General a bond, in such sum as the Governor may direct, not exceeding five thousand dollars, payable to the State of Nebraska, with sufficient sureties, to be approved by the Governor, conditioned for the proper care and use of such public property, and the return of same, in good order, ordinary wear and unavoidable loss and damage excepted; and in case of such loss or damage, the bond shall require the officer to immediately furnish the Adjutant General with properly attested affidavits, setting forth all the facts attending such loss or damage. Officers who are employees, as defined by section 81-1302, of the Military Department shall be bonded or insured as required by section 11-201.
Source
Laws 1909, c. 90, § 33, p. 376;
R.S.1913, § 3933;
C.S.1922, § 3333;
C.S.1929, § 55-160;
R.S.1943, § 55-127;
Laws 1969, c. 459, § 48, p. 1597;
Laws 1978, LB 653, § 18;
Laws 2004, LB 884, § 30.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-151 - National Guard; enlistments; reenlistments; how made; qualifications.

55-151.
National Guard; enlistments; reenlistments; how made; qualifications.
No enlistment shall be allowed other than of able-bodied citizens of the United States and able-bodied persons of foreign birth who have been admitted to the United States for permanent residence. Such citizens or persons are required to be between the ages of seventeen and sixty years. All enlistments, reenlistments, and extensions of enlistments in the National Guard shall be in the manner and form, and for such periods as may be authorized by the laws of the United States, and regulations of the Secretary of the Army and the Secretary of the Air Force relating thereto, and shall be made by signing enlistment papers according to the form prescribed by the Adjutant General, and taking the prescribed oath or affirmation, which may be administered by any commissioned officer.
Source
Laws 1917, c. 205, § 7, p. 487;
C.S.1922, § 3311;
Laws 1929, c. 189, § 25, p. 663;
C.S.1929, § 55-131;
R.S.1943, § 55-129;
Laws 1953, c. 188, § 12, p. 597;
Laws 1963, c. 322, § 1, p. 978;
R.R.S.1943, § 55-129;
Laws 1969, c. 459, § 49, p. 1597.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-152 - National Guard; federal service; termination; enlistments unaffected.

55-152.
National Guard; federal service; termination; enlistments unaffected.
Upon the termination of any emergency for which the National Guard has been drafted or called into the service of the United States, all persons so drafted or called, upon being discharged from the Army or Air Force of the United States, shall continue to serve in the Nebraska National Guard until the dates upon which their enlistments entered into prior to their draft or call into service would have expired if uninterrupted.
Source
Laws 1929, c. 189, § 14, p. 661;
C.S.1929, § 55-119;
R.S.1943, § 55-130;
Laws 1953, c. 188, § 13, p. 597;
R.R.S.1943, § 55-130;
Laws 1969, c. 459, § 50, p. 1598;
Laws 1993, LB 170, § 5.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-153 - National Guard; continuous service, defined.

55-153.
National Guard; continuous service, defined.
Service by any person in the armed forces of the United States, or in national emergency, time of war, insurrection, or rebellion, shall be considered as continuous service in the National Guard for any and all purposes regarding privileges and exemptions provided by law for members of the National Guard by enlistment or commission;
Provided,
that the continuous service for an officer shall include only the time he was commissioned as such.
Source
Laws 1929, c. 189, § 28, p. 664;
C.S.1929, § 55-134;
R.S.1943, § 55-131;
Laws 1953, c. 188, § 14, p. 597;
R.R.S.1943, § 55-131;
Laws 1969, c. 459, § 51, p. 1598.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-154 - Militia; enlistments; length.

55-154.
Militia; enlistments; length.
Enlistments in the militia called out by proclamation of the Governor shall be for the term specified in such proclamation.
Source
Laws 1909, c. 90, § 21, p. 373;
R.S.1913, § 3920;
C.S.1922, § 3328;
C.S.1929, § 55-155;
R.S.1943, § 55-132;
Laws 1969, c. 459, § 52, p. 1598.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-155 - National Guard; enlisted personnel; discharge.

55-155.
National Guard; enlisted personnel; discharge.
An enlisted person discharged from service in the National Guard shall receive a discharge in writing in such form and with such classification as is or shall be prescribed by the laws or regulations of the United States. In time of peace discharges may be given prior to the expiration of terms of enlistment under such regulations as the United States may prescribe.
Source
Laws 1929, c. 189, § 26, p. 663;
C.S.1929, § 55-132;
R.S.1943, § 55-133;
Laws 1969, c. 459, § 53, p. 1598;
Laws 1984, LB 934, § 4.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-156 - National Guard; dishonorable discharge; effect; posting.

55-156.
National Guard; dishonorable discharge; effect; posting.
A dishonorable discharge from service in the Nebraska National Guard shall operate as a complete expulsion from the guard, a forfeiture of all exemptions and privileges acquired through membership therein, and disqualification for any military service under the state. The names of all persons dishonorably discharged shall be published in orders by the Adjutant General quarterly.
Source
Laws 1929, c. 189, § 27, p. 663;
C.S.1929, § 55-133;
R.S.1943, § 55-134;
Laws 1969, c. 459, § 54, p. 1599.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-157 - Militia; active duty; personnel; compensation; travel expenses; health insurance reimbursement.

55-157.
Militia; active duty; personnel; compensation; travel expenses; health insurance reimbursement.
(1) When an active or retired officer or enlisted person of the National Guard is ordered to active service of the state by the Governor or Adjutant General, he or she shall receive compensation as provided in this subsection. For service during a disaster or emergency, an officer or enlisted person shall be entitled to the same pay, subsistence, and quarters allowance as officers and enlisted personnel of corresponding grades of the Army and Air Force of the United States and shall be reimbursed for travel expenses in accordance with the Joint Federal Travel Regulations. For advice, counsel, duties, or service to the Governor or Adjutant General, an officer or enlisted person may, at the discretion of the Adjutant General, be in a pay or nonpay status. If in a pay status, the officer or enlisted person shall be entitled to the same pay, subsistence, and quarters allowance as officers and enlisted personnel of corresponding grades of the Army and Air Force of the United States and shall be reimbursed for travel expenses in accordance with the Joint Federal Travel Regulations.
(2) For any period of active service of the state in excess of thirty consecutive days, performed at the order of the Governor or Adjutant General or at the request of the federal government, a state, or other agency or entity, an officer or enlisted person shall be entitled to reimbursement of one hundred percent of the cost of his or her privately purchased health insurance or up to one hundred two percent of the cost of his or her employer-provided health insurance. The officer or enlisted person shall provide evidence of payment and shall be reimbursed to the extent that evidence of payment can be provided. The reimbursement for health insurance shall be treated as an allowance but may be paid separately once received by the State of Nebraska from the federal government, a state, or other agency or entity requesting the services of the officer or enlisted person. The State of Nebraska will not pay or advance the cost of such health insurance reimbursement for the federal government, a state, or other agency or entity. The State of Nebraska is exempt from the requirement under this subsection to reimburse officers and enlisted persons for their health insurance costs.
Source
Laws 1909, c. 90, § 44, p. 380;
R.S.1913, § 3943;
C.S.1922, § 3343;
C.S.1929, § 55-170;
R.S.1943, § 55-184;
Laws 1953, c. 188, § 33, p. 606;
R.R.S.1943, § 55-184;
Laws 1969, c. 459, § 55, p. 1599;
Laws 1984, LB 934, § 5;
Laws 1990, LB 930, § 2;
Laws 2004, LB 963, § 4;
Laws 2012, LB1141, § 1.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-157.02 - Recruiting; strength maintenance; expenditure of funds; Adjutant General; supervise.

55-157.02.
Recruiting; strength maintenance; expenditure of funds; Adjutant General; supervise.
Recruiting and strength maintenance activities of the Military Department may include, but shall not be limited to, (1) provision to members of the National Guard of suitable awards, honorariums, or other proper recognition for successful recruiting efforts, (2) provision for the financial support of official National Guard functions, the purpose of which is to provide information in regard to and create interest in the National Guard among potential recruits and their families, (3) the preparation and dissemination of informational material in regard to the National Guard, and (4) advertising in public media for recruiting purposes, and all necessary expenses in connection therewith. The Adjutant General shall supervise the expenditure of such funds for the purposes enumerated.
Source
Laws 1974, LB 983, § 8.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-157.03 - Incentive payments; purpose; restrictions.

55-157.03.
Incentive payments; purpose; restrictions.
The Adjutant General may authorize a payment to encourage individuals to enlist or reenlist in units of the Nebraska National Guard whenever the strength level of such units is so low as to adversely affect the ability of such units to meet their state or federal mission, if the sum of such payments does not exceed the amount appropriated for this purpose. The Adjutant General may devise and change a formula to distribute incentive payments to members of the Nebraska Army National Guard and the Air National Guard, so as to encourage enlistments, reenlistments, or both, subject to the following restrictions. The payments shall be restricted to enlisted persons who have less than twelve years of total military service. The payments shall not exceed the rate of one hundred dollars per year of service but may be provided in advance of service, except that not more than three hundred dollars shall be paid in advance of performed service to any one individual at any time.
Source
Laws 1978, LB 564, § 4.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-158 - Compensation; payment.

55-158.
Compensation; payment.
Whenever a member of the military forces of the State of Nebraska is entitled to compensation as provided in section 55-157, the Adjutant General shall certify the amount of compensation to be paid and direct that the warrant shall be charged against the state appropriated funds of the military department.
Source
Laws 1969, c. 459, § 56, p. 1599.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-159 - Injury or death while on active duty; workers' compensation benefits; procedure; exceptions.

55-159.
Injury or death while on active duty; workers' compensation benefits; procedure; exceptions.
A member of the military forces of the State of Nebraska who incurs a personal injury which is caused by accident or occupational disease while in the active service of this state ordered by competent authority, which injury arises out of and in the course of his or her employment in active service, shall be entitled to workers' compensation benefits in accordance with the definitions and terms of the Nebraska Workers' Compensation Act. If such member incurs death under the same conditions, the dependents of the deceased, if any, shall be entitled to workers' compensation benefits as provided in the Nebraska Workers' Compensation Act. Any dispute arising under this section shall be resolved under the provisions established by the Nebraska Workers' Compensation Act. No workers' compensation benefits shall be paid under this section in any case to the extent that any benefits for injury or death are paid or payable under the provisions of 32 U.S.C.
Source
Laws 1969, c. 459, § 57, p. 1599;
Laws 1974, LB 983, § 6;
Laws 1986, LB 811, § 139.
Cross References
Nebraska Workers' Compensation Act, see section 48-1,110.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-161 - Military leave of absence; rights of officer or employee.

55-161.
Military leave of absence; rights of officer or employee.
(1) The parts of the federal Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. Chapter 43, listed in subdivisions (a) through (j) of this subsection or any other parts referred to by such parts, in existence and effective as of January 1, 2001, are adopted as Nebraska law. This section shall be applicable to all persons employed in the State of Nebraska and shall include all officers and permanent employees, including teachers employed on a one-year contract basis and elected officials, of the state or of any of its agencies or political subdivisions. The Legislature hereby adopts:
(a) Section 4301(a) — Purposes;
(b) Section 4302 — Relation to other law and plans or agreements;
(c) Section 4303(2),(4),(7) through (13),(15), and (16) and those portions of subparagraph (3) not relating to employment in a foreign country — Definitions;
(d) Section 4304 — Character of service;
(e) Section 4311 — Discrimination against persons who serve in the uniformed services and acts of reprisal prohibited;
(f) Section 4312 — Reemployment rights of persons who serve in the uniformed services;
(g) Section 4313 with the exception of that portion of subparagraph (a) dealing with reemployment of federal employees — Reemployment positions;
(h) Section 4316 — Rights, benefits, and obligations of persons absent from employment for service in a uniformed service;
(i) Section 4317 — Health plans; and
(j) Section 4318 — Employee pension benefit plans.
(2) This section applies to all members performing duty in active service of the state and to any person employed in Nebraska who is a member of the National Guard of another state and who is called into active service by the Governor of that state.
(3) The proper appointing authority or employer may make a temporary appointment to fill any vacancy created by the absence of an officer or employee pursuant to this section. Such officer or employee shall not be discharged from his or her former or new position without justifiable cause within one year after reinstatement.
(4) The Commissioner of Labor shall enforce this section.
(5) The Adjutant General shall perform duties assigned to the Secretary of Defense, Secretary of Veterans Affairs, or Secretary of Labor in the portions of 38 U.S.C. Chapter 43 adopted under this section.
Source
Laws 1951, c. 183, § 1, p. 686;
Laws 1953, c. 189, § 1, p. 609;
R.R.S.1943, § 55-156.02;
Laws 1969, c. 459, § 59, p. 1600;
Laws 1969, c. 751, § 8, p. 2828;
Laws 1972, LB 1510, § 1;
Laws 2002, LB 722, § 4;
Laws 2016, LB753, § 1.