reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-161.01 - Officers and employees of state; violation of rights; Commissioner of Labor; investigate; order; filing of action; order.

55-161.01.
Officers and employees of state; violation of rights; Commissioner of Labor; investigate; order; filing of action; order.
Any person who feels that his or her employment rights under the provisions of section 55-161 have been violated may file complaint with respect thereto with the Commissioner of Labor. Such complaint shall not be subject to formal requirements but shall be sufficient if it identifies the parties involved and the right or rights alleged to have been violated. The commissioner shall promptly investigate each such complaint and if he or she finds that the allegations thereof are true he or she shall issue his or her order to the offending party directing the granting to complainant of all his or her rights under section 55-161, including the granting of backpay from the date the violation occurred. If such order has not been complied with within ten days after its mailing, by registered or certified mail, the commissioner may file suit in the district court for the county in which the alleged violation occurred for a writ of mandamus ordering the granting of the rights wrongfully denied together with backpay from the date the violation occurred. Such suit shall be determined by the court as expeditiously as practicable. The court shall enter such order as the evidence shows to be appropriate, including, in cases of flagrant violations of rights, the removal from office or employment of the person or persons responsible therefor when such removal is permitted by the Constitution of the State of Nebraska. In any such suit or in any appeal from the decision of the district court, the commissioner may employ private counsel with the written authorization required by subdivision (5) of section 84-205. A reasonable fee for such counsel shall be allowed by the court in any case in which a decision favorable to the commissioner is rendered.
Source
Laws 1972, LB 1510, § 2;
Laws 1997, LB 758, § 5.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-161.02 - Officers and employees of state; employer; granting of rights of veteran; effect.

55-161.02.
Officers and employees of state; employer; granting of rights of veteran; effect.
The employer shall not incur any liability to any person whose employment is terminated, or whose seniority, status, or other employment rights are curtailed as the result of the granting to a veteran of all the rights assured him under the provisions of section 55-161.
Source
Laws 1972, LB 1510, § 3.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-164 - Military leave of absence; damages for noncompliance.

55-164.
Military leave of absence; damages for noncompliance.
If any employer fails to comply with any of the provisions of section 55-160 or 55-161, the employee may, at his or her election, bring an action at law for damages for such noncompliance. The employee may also apply to the courts for such equitable relief as may be just and proper under the circumstances.
Source
Laws 1957, c. 238, § 3, p. 799;
R.R.S.1943, § 55-193;
Laws 1969, c. 459, § 62, p. 1602;
Laws 2002, LB 722, § 5.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-165 - Military leave of absence; violation; penalty.

55-165.
Military leave of absence; violation; penalty.
Any person, firm, or organization violating section 55-160 or 55-161 shall be guilty of a Class IV misdemeanor and, in addition thereto, shall restore to the employee all rights of which he or she has been illegally deprived.
Source
Laws 1957, c. 238, § 4, p. 799;
R.R.S.1943, § 55-194;
Laws 1969, c. 459, § 63, p. 1602;
Laws 1977, LB 39, § 51;
Laws 2002, LB 722, § 6.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-166 - National Guard; armed forces of United States; member; discharge by employer; violation; penalty.

55-166.
National Guard; armed forces of United States; member; discharge by employer; violation; penalty.
Any person, firm, or organization, who discharges an employee because of his membership in the National Guard of this state or his fulfillment of military duty in the active service of the state or of the United States, shall be guilty of a Class IV misdemeanor, and, in addition thereto, shall restore the employee to a position of like seniority, status, and pay.
Source
Laws 1955, c. 213, § 3, p. 599;
R.R.S.1943, § 55-190;
Laws 1969, c. 459, § 64, p. 1603;
Laws 1977, LB 39, § 52.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-167 - Member of military forces; active service; exempt from arrest on civil process.

55-167.
Member of military forces; active service; exempt from arrest on civil process.
No member of the military forces of the State of Nebraska shall be arrested, or served with any summons, order, warrant, or other civil process after having been ordered to active service of the state or while going to, or attending any place to which he is required to go for active service of the state; but nothing herein shall prevent his arrest for a felony or misdemeanor committed while not in the line of duty.
Source
Laws 1969, c. 459, § 65, p. 1603.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-168 - Militia; active service; civil and criminal liability; immunity.

55-168.
Militia; active service; civil and criminal liability; immunity.
Members of the military forces ordered into the active service of the state by any proper authority shall not be liable, civilly or criminally, for any act or acts done by them while in the line of duty.
Source
Laws 1909, c. 90, § 15, p. 371;
R.S.1913, § 3914;
C.S.1922, § 3323;
Laws 1929, c. 189, § 41, p. 668;
C.S.1929, § 55-150;
R.S.1943, § 55-183;
Laws 1969, c. 459, § 66, p. 1603.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-169 - Militia; action or proceeding against member on active service; bond; conditions.

55-169.
Militia; action or proceeding against member on active service; bond; conditions.
Any person bringing an action or proceeding against any member of the military forces of the State of Nebraska for any act done when in active service of the state shall furnish, at the filing of the suit, security for payment of costs in such amount and in such form as the judge of the court in which such action or proceeding was initiated may determine, including attorney's fees, likely to accrue in such action or proceeding. If the plaintiff fails to prevail in such action or proceeding, judgment will be entered against him and his sureties on the bond for the defendant's attorney's fees and costs of the action.
Source
Laws 1969, c. 459, § 67, p. 1603.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-170 - Militia; action or proceeding against member on active service; change of venue.

55-170.
Militia; action or proceeding against member on active service; change of venue.
In any action or proceeding against a member of the military forces of the State of Nebraska for any act done when in active service of the state, such member, on appropriate motion, shall be entitled to have the venue changed to the nearest county in the adjoining judicial district; and in any suit against two or more members of the Nebraska National Guard, each of them shall be entitled to severance.
Source
Laws 1969, c. 459, § 68, p. 1603.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-171 - Militia; action or proceeding against member on active service; legal counsel; expense.

55-171.
Militia; action or proceeding against member on active service; legal counsel; expense.
If a civil or criminal suit or proceeding is commenced in any court by any person against a member of the military forces of the State of Nebraska for any act done when in the active service of this state the defendant may have counsel of his own selection at his individual expense, or competent legal counsel shall be provided at the expense of the state, for all stages of the proceedings.
Any legal counsel provided at the expense of the state shall be the Attorney General or a member of his staff or a practicing attorney designated by him. Compensation of counsel at the expense of the state shall be charged against military department funds.
Source
Laws 1969, c. 459, § 69, p. 1604.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-172 - Militia; action or proceeding against member on active service; service of copy on Adjutant General; procedure.

55-172.
Militia; action or proceeding against member on active service; service of copy on Adjutant General; procedure.
Any person bringing an action or proceeding against any member of the military forces of the State of Nebraska for any act done when in the active service of the state shall serve upon the Adjutant General a copy of any pleading, complaint, or information and the Adjutant General shall be entitled to be heard in such action or proceeding.
Source
Laws 1969, c. 459, § 70, p. 1604.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-173 - National Guard; Nebraska State Guard; labor service; jury service; exemptions.

55-173.
National Guard; Nebraska State Guard; labor service; jury service; exemptions.
The officers and enlisted men of the Nebraska National Guard and Nebraska State Guard shall be exempt from (1) working on roads and highways, and (2) sitting on any grand or petit jury within this state while they are active members thereof.
Source
Laws 1909, c. 90, § 64, p. 385;
R.S.1913, § 3963;
C.S.1922, § 3361;
C.S.1929, § 55-180;
R.S.1943, § 55-187;
Laws 1945, c. 134, § 1, p. 424;
R.R.S.1943, § 55-187;
Laws 1969, c. 459, § 71, p. 1604.
Cross References
For other provisions for exemption from jury service, see section 25-1650.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-174 - National Guard; fire department or district membership or service; effect on duty.

55-174.
National Guard; fire department or district membership or service; effect on duty.
No member of the Nebraska National Guard shall be exempt or relieved from duty by membership or service in any fire department or district.
Source
Laws 1909, c. 90, § 65, p. 385;
R.S.1913, § 3900;
C.S.1922, § 3298;
C.S.1929, § 55-102;
R.S.1943, § 55-135;
Laws 1969, c. 459, § 72, p. 1604.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-175 - National Guard; members in uniform; failure to admit or serve; penalty.

55-175.
National Guard; members in uniform; failure to admit or serve; penalty.
An owner, manager or employee of a hotel, restaurant, place of amusement or other establishment or place of business open to the public shall not refuse to admit or serve in the same manner and to the same extent as members of the general public are admitted and served a member of the National Guard wearing the prescribed uniform.
A person violating this section shall be guilty of a Class II misdemeanor.
Source
Laws 1969, c. 459, § 73, p. 1605;
Laws 1977, LB 39, § 53.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-178 - National Guard; payrolls; certification; transmission.

55-178.
National Guard; payrolls; certification; transmission.
Payrolls for services shall be forwarded in duplicate to the Adjutant General within ten days after such services, by brigade, regimental, and company commanders, with their certificates and oaths that the persons therein named have performed the duties and are entitled to the pay therein specified. Within ten days after the receipt of such payrolls, the Adjutant General shall, if approved by the Governor and himself, forward one of the payrolls to the Director of Administrative Services.
Source
Laws 1909, c. 90, § 60, p. 384;
R.S.1913, § 3959;
C.S.1922, § 3357;
C.S.1929, § 55-176;
R.S.1943, § 55-185;
Laws 1969, c. 460, § 2, p. 1608;
Laws 1969, c. 459, § 76, p. 1605.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-179 - National Guard; vouchers; payrolls; payment; warrants.

55-179.
National Guard; vouchers; payrolls; payment; warrants.
The Director of Administrative Services is hereby authorized and required on presentation of the proper vouchers and payrolls to draw his warrant on the state General Fund and against the appropriation made by the Legislature for the support and maintenance of the National Guard.
Source
Laws 1909, c. 90, § 61, p. 384;
R.S.1913, § 3960;
C.S.1922, § 3358;
C.S.1929, § 55-177;
R.S.1943, § 55-186;
Laws 1969, c. 459, § 77, p. 1606.
Annotations
Under former law Auditor of Public Accounts was required to issue warrant for rental of armory leased by Adjutant General, for which appropriation was made. Omaha Armory Building Co. v. Johnson, 119 Neb. 29, 226 N.W. 911 (1929).
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-180 - National Guard; encampment; commanding officer; powers; duties.

55-180.
National Guard; encampment; commanding officer; powers; duties.
The commanding officer of any encampment or training assembly may cause those under his command to perform any camp or field duties he may require. He may put under arrest during such encampment or training assembly any member of his command who may disobey a superior officer, or be guilty of disorderly or unmilitary conduct, or any other person who may trespass upon the encampment grounds or training assembly, or molest the orderly discharge of duty by members of his command.
Source
Laws 1909, c. 90, § 41, p. 379;
R.S.1913, § 3941;
C.S.1922, § 3341;
C.S.1929, § 55-168;
R.S.1943, § 55-155;
Laws 1969, c. 459, § 78, p. 1606.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-181 - Department; contract with Nebraska Wing of Civil Air Patrol; purposes; funding agreement.

55-181.
Department; contract with Nebraska Wing of Civil Air Patrol; purposes; funding agreement.
The Military Department may contract with the Nebraska Wing of the Civil Air Patrol, the civilian auxiliary of the United States Air Force, for the following purposes:
(1) To encourage and aid American citizens in the contribution of their efforts, services, and resources in the development of aviation and the maintenance of aerospace supremacy;
(2) To encourage and develop, by example, the voluntary contribution of private citizens to the public welfare;
(3) To provide aviation and aerospace education and training;
(4) To foster and encourage civil aviation in local communities throughout the state; and
(5) To assist in meeting emergencies within the state.
The Division of Aeronautics of the Department of Transportation and the Military Department shall enter into an agreement that will continue the funding of the contract under this section from the Aeronautics Cash Fund in an amount equal to the appropriation by the Legislature for such purpose.
Source
Laws 1976, LB 847, § 1;
R.S.1943, (1997), § 3-125.01;
Laws 2003, LB 69, § 1;
Laws 2017, LB339, § 178.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-182 - Nebraska National Guard; rights.

55-182.
Nebraska National Guard; rights.
The rights of a member of the Nebraska National Guard in the State of Nebraska shall include, but not be limited to, the right to:
(1) Seek employment with state, county, and local government;
(2) Not have membership in the Nebraska National Guard impact such member's right to donate to political parties when not on duty status;
(3) Participate with state, county, or local government in a law enforcement function as prescribed by that government;
(4) Receive the same protections a law enforcement officer is afforded under section 23-3211 if the member is acting as a law enforcement officer pursuant to subdivision (3) of this section; and
(5) Protection of such member's personal information as afforded personnel of public bodies pursuant to subdivision (8) of section 84-712.05, if the member is acting as a law enforcement officer pursuant to subdivision (3) of this section.
Source
Laws 2019, LB152, § 1;
Laws 2022, LB1246, § 3.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-183 - National Guard; state-sponsored life insurance program; Adjutant General; powers and duties.

55-183.
National Guard; state-sponsored life insurance program; Adjutant General; powers and duties.
(1) For purposes of this section, state-sponsored life insurance program means the life insurance program exclusively offered to all members of the Nebraska National Guard through the National Guard Association of Nebraska pursuant to the federal Veterans' Insurance Act of 1974, Public Law 93-289.
(2) Pursuant to this section, the Adjutant General shall:
(a) Allow efforts to make the state-sponsored life insurance program available to all members of the Nebraska National Guard;
(b) Provide an opportunity for members of the Nebraska National Guard to purchase state-sponsored life insurance program products; and
(c) Allow state-sponsored life insurance program representatives to provide Nebraska National Guard members with state-sponsored life insurance program briefings during annual training and inactive duty training periods to educate members on the state-sponsored life insurance program.
Source
Laws 2019, LB223, § 1.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-201 - Nebraska State Guard; when called into service; organization.

55-201.
Nebraska State Guard; when called into service; organization.
Whenever any part of the National Guard of the State of Nebraska is in active federal service, whenever the President of the United States shall declare a national emergency, or whenever the Governor shall declare an emergency, the Governor is hereby authorized to organize and maintain within this state during such periods, under such regulations as the Secretaries of the Army and Air Force of the United States may prescribe for the organization, standards of training, instruction, and discipline, such military forces as the Governor may deem necessary to defend this state. Such forces shall be composed of officers commissioned or assigned by the Governor, and such able-bodied citizens of the state as shall volunteer for service therein, supplemented, if necessary, by men of the reserve militia enrolled by draft or otherwise as provided by law. Such forces shall be additional to and distinct from the National Guard and shall be known as the Nebraska State Guard. Such forces shall be uniformed.
Source
Laws 1941, c. 116, § 1, p. 447;
C.S.Supp.,1941, § 55-401;
Laws 1943, c. 126, § 1, p. 427;
R.S.1943, § 55-201;
Laws 1951, c. 184, § 1, p. 687;
Laws 1953, c. 188, § 34, p. 607;
Laws 1961, c. 275, § 1, p. 809.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-202 - Rules and regulations; acceptance of gratuities; conditions.

55-202.
Rules and regulations; acceptance of gratuities; conditions.
The Governor is hereby authorized to prescribe rules and regulations, not inconsistent with the provisions of sections 55-201 to 55-219, governing the enlistment, organization, administration, equipment, maintenance, training and discipline of such forces;
Provided,
such rules and regulations, insofar as he deems practicable and desirable, shall conform to existing law, governing and pertaining to the National Guard and the rules and regulations promulgated thereunder, and shall prohibit the acceptance of gifts, donations, gratuities or anything of value by such forces, except upon application to and authorization by the Adjutant General, or by any member of such forces from any individual, firm, association or corporation by reason of such membership. All applications for authority to make or offer a gift, donation, gratuity or anything of value to the forces shall become a permanent record of the Adjutant General's department and shall be open to public inspection.
Source
Laws 1941, c. 116, § 2, p. 447;
C.S.Supp.,1941, § 55-402;
Laws 1943, c. 126, § 2, p. 428;
R.S.1943, § 55-202.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-203 - Commissions; enlistments; qualifications.

55-203.
Commissions; enlistments; qualifications.
No person shall be appointed or enlisted in such forces who is not a citizen of the United States or who has been expelled or dishonorably discharged from any military or naval organization of this state or of another state or of the United States.
Source
Laws 1941, c. 116, § 9, p. 449;
C.S.Supp.,1941, § 55-409;
R.S.1943, § 55-203;
Laws 1969, c. 459, § 79, p. 1606.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-204 - Commissions; conviction of felony; effect; fingerprints.

55-204.
Commissions; conviction of felony; effect; fingerprints.
No one may be appointed as an officer who has been convicted of a felony. Fingerprints of all officers shall be taken.
Source
Laws 1941, c. 116, § 1, p. 447;
C.S.Supp.,1941, § 55-401;
Laws 1943, c. 126, § 1, p. 428;
R.S.1943, § 55-204;
Laws 1969, c. 459, § 80, p. 1607.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-205 - Enlistment; term; oath.

55-205.
Enlistment; term; oath.
No person shall be enlisted for more than three years, but such enlistment may be renewed. The oath, to be taken upon enlistment in such forces, shall be substantially in the form prescribed for enlisted men of the National Guard, substituting the words Nebraska State Guard where necessary.
Source
Laws 1941, c. 116, § 11, p. 450;
C.S.Supp.,1941, § 55-411;
Laws 1943, c. 126, § 5, p. 429;
R.S.1943, § 55-205.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-206 - Officers; oath.

55-206.
Officers; oath.
The oath to be taken by officers commissioned in such forces shall be substantially in the form prescribed for officers of the National Guard, substituting the words Nebraska State Guard where necessary.
Source
Laws 1941, c. 116, § 10, p. 450;
C.S.Supp.,1941, § 55-410;
R.S.1943, § 55-206.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-207 - Members; compensation.

55-207.
Members; compensation.
When called into the active service of the state, such forces shall receive pay, allowances, and benefits at the same rates prescribed by law for members of the National Guard. While in training at home station or engaged in other inactive service, such forces shall receive no compensation from the state.
Source
Laws 1941, c. 116, § 3, p. 448;
C.S.Supp.,1941, § 55-403;
Laws 1943, c. 126, § 3, p. 428;
R.S.1943, § 55-207;
Laws 1953, c. 188, § 35, p. 607;
R.R.S.1943, § 55-207;
Laws 1969, c. 459, § 81, p. 1607.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-208 - Equipment; facilities.

55-208.
Equipment; facilities.
The Governor is hereby authorized to requisition or purchase from the Department of the Army or Department of the Air Force for the use of the armed forces of this state such arms, ammunition, clothing, and equipment as are necessary and authorized by the Department of the Army or Department of the Air Force under regulations; and to make available to such forces the facilities of state armories and their equipment and such other state premises and property as may be available. Where state facilities are not available, grounds, armories, and other buildings may be leased and maintained in the manner provided by law for the Nebraska National Guard.
Source
Laws 1941, c. 116, § 4, p. 448;
C.S.Supp.,1941, § 55-404;
Laws 1943, c. 126, § 4, p. 428;
R.S.1943, § 55-208;
Laws 1953, c. 188, § 36, p. 607.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-212 - Service within state; exceptions.

55-212.
Service within state; exceptions.
Such forces are not required to serve outside the boundaries of this state except (1) upon the request of the Governor of another state, in which case the Governor of this state may, in his discretion, order any portion or all of such forces to assist the military or police forces of such other state who are actually engaged in defending such other state; and such forces may be recalled by the Governor at his discretion; and (2) any organization, unit or detachment of such forces, upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces beyond the borders of this state into another state until they are apprehended or captured by such organization, unit or detachment, or until the military or police forces of the other state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons;
Provided,
such other state shall have given authority by law for such pursuit by such forces of this state.
Source
Laws 1941, c. 116, § 5, p. 448;
C.S.Supp.,1941, § 55-405;
R.S.1943, § 55-212.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-213 - Fugitive; apprehension in another state; duty.

55-213.
Fugitive; apprehension in another state; duty.
Any such person who shall be apprehended or captured in such other state by an organization, unit or detachment of the forces of this state shall, without unnecessary delay, be surrendered to the military or police forces of the state in which he is taken or to the United States; but such surrender shall not constitute a waiver by this state of its right to extradite or prosecute such person for any crime committed in this state.
Source
Laws 1941, c. 116, § 5, p. 449;
C.S.Supp.,1941, § 55-405;
R.S.1943, § 55-213.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-214 - Fugitive to this state; capture authorized.

55-214.
Fugitive to this state; capture authorized.
Any military forces or organization, unit or detachment thereof, of another state who are in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces, may continue such pursuit into this state until the military or police forces of this state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons, and are hereby authorized to arrest or capture such persons within this state while in fresh pursuit.
Source
Laws 1941, c. 116, § 6, p. 449;
C.S.Supp.,1941, § 55-406;
R.S.1943, § 55-214.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-215 - Fugitive to this state; apprehension; surrender to local authorities.

55-215.
Fugitive to this state; apprehension; surrender to local authorities.
Any such person who shall be captured or arrested by the military forces of such other state while in this state, shall without unnecessary delay be surrendered to the military or police forces of this state to be dealt with according to law.
Source
Laws 1941, c. 116, § 6, p. 449;
C.S.Supp.,1941, § 55-406;
R.S.1943, § 55-215.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-216 - Fugitive to this state; sections, how construed.

55-216.
Fugitive to this state; sections, how construed.
Nothing in sections 55-214 and 55-215 shall be construed so as to make unlawful any arrest in this state which would otherwise be lawful. Nothing contained in said sections shall be deemed to repeal, modify or conflict with any of the provisions of present or future laws of this state with relation to the fresh pursuit of criminals.
Source
Laws 1941, c. 116, § 6, p. 449;
C.S.Supp.,1941, § 55-406;
R.S.1943, § 55-216.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-217 - Federal service; treatment of guard members.

55-217.
Federal service; treatment of guard members.
Nothing in sections 55-201 to 55-219 shall be construed as authorizing such forces, or any part thereof, to be called, ordered or in any manner drafted as such, into the military service of the United States, but no person shall by reason of his enlistment or commission in any forces be exempted from military service under any law of the United States.
Source
Laws 1941, c. 116, § 7, p. 449;
C.S.Supp.,1941, § 55-407;
R.S.1943, § 55-217.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-218 - Civil organizations; not eligible for enlistment.

55-218.
Civil organizations; not eligible for enlistment.
No civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of persons or civil group, shall be enlisted in such forces as an organization or unit.
Source
Laws 1941, c. 116, § 8, p. 449;
C.S.Supp.,1941, § 55-408;
R.S.1943, § 55-218.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-219 - Act, how cited.

55-219.
Act, how cited.
Sections 55-201 to 55-219 may be cited as the State Guard Act.
Source
Laws 1941, c. 116, § 14, p. 450;
C.S.Supp.,1941, § 55-414;
R.S.1943, § 55-219.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-401 - Code, how cited.

55-401.
Code, how cited.
Sections 55-401 to 55-481 shall be known and may be cited as the Nebraska Code of Military Justice.
Source
Laws 1969, c. 458, § 1, p. 1553;
Laws 2016, LB754, § 7.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-402 - Terms, defined.

55-402.
Terms, defined.
As used in the Nebraska Code of Military Justice, unless the context otherwise requires:
(1) Military forces shall mean the National Guard, also called the Nebraska National Guard and also hereinafter referred to as the Army National Guard and Air National Guard, and in addition thereto, the militia when called into active service of this state;
(2) Officer shall mean a commissioned officer including a commissioned warrant officer;
(3) Superior officer shall mean an officer superior in rank or command;
(4) Enlisted person shall mean any person who is serving in an enlisted grade in any military force;
(5) Accuser shall mean a person who signs and swears to charges, to any person who directs that charges nominally be signed and sworn by another, and to any other person who has an interest other than an official interest in prosecution of the accused;
(6) Military judge shall mean an official of court-martial detailed in accordance with section 55-422; and
(7) Code shall mean the Nebraska Code of Military Justice.
Source
Laws 1969, c. 458, § 2, p. 1553;
Laws 2016, LB754, § 8.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-403 - Code; persons subject to.

55-403.
Code; persons subject to.
The following persons are subject to this code: All members of the military forces of Nebraska not in the active service of the United States and who are under orders to be in the active service of the state as defined by section 55-104.
Source
Laws 1969, c. 458, § 3, p. 1554.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-404 - Fraudulent discharge; deserters; trial by court-martial.

55-404.
Fraudulent discharge; deserters; trial by court-martial.
(1) All persons discharged from the military forces of Nebraska subsequently charged with having fraudulently obtained such discharge shall, subject to the provisions of section 55-426, be subject to trial by court-martial on such charge and shall after apprehension be subject to this code while in the custody of the military forces for such trial. Upon conviction of such charge they shall be subject to trial by court-martial for all offenses under this code committed prior to the fraudulent discharge.
(2) Any person who has deserted from the military forces shall not be relieved from amenability to the jurisdiction of this code by virtue of a separation from any subsequent period of service.
Source
Laws 1969, c. 458, § 4, p. 1554.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-405 - Officer dismissed by order of Governor; trial by court-martial; convening a court-martial; powers; exceptions.

55-405.
Officer dismissed by order of Governor; trial by court-martial; convening a court-martial; powers; exceptions.
(1) When any officer, dismissed by order of the Governor, makes a written application for trial by court-martial, setting forth, under oath, that he has been wrongfully dismissed, the Governor, as soon as practicable, shall convene a court-martial to try such officer on the charges on which he was dismissed. A court-martial so convened shall have jurisdiction to try the dismissed officer on such charges, and he shall be held to have waived the right to plead any statute of limitations applicable to any offense with which he is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include the dismissal, the Adjutant General shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issuance.
(2) If the Governor fails to convene a court-martial within six months from the presentation of an application for trial under this section, the Adjutant General shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issuance.
(3) Where a discharge is substituted for a dismissal under the authority of this section, the Governor alone may reappoint the officer to such commissioned rank and precedence as in the opinion of the Governor such former officer would have attained had he not been dismissed. The reappointment of such a former officer shall be without regard to position vacancy and shall affect the promotion status of other officers only insofar as the Governor may direct. All time between the dismissal and such reappointment shall be considered as actual service for all purposes, including the right to receive pay and allowance.
(4) When an officer is discharged from any armed force by administrative action or is dropped from the rolls by order of the Governor, there shall not be a right to trial under this section.
Source
Laws 1969, c. 458, § 5, p. 1554.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-407 - State Judge Advocate; appointment.

55-407.
State Judge Advocate; appointment.
The Adjutant General shall appoint as State Judge Advocate one of the Senior Staff Judge Advocates from either the Army National Guard or the Air National Guard.
Source
Laws 1969, c. 458, § 7, p. 1555.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-408 - Staff Judge Advocates; duties; restrictions.

55-408.
Staff Judge Advocates; duties; restrictions.
(1) Convening authorities shall at all times communicate directly with their Staff Judge Advocates in matters relating to the administration of military justice; and the Staff Judge Advocate of any command is authorized to communicate directly with the State Judge Advocate.
(2) No person who has acted as a member, military judge, trial counsel, assistant trial counsel, defense counsel, or investigating officer in any case shall subsequently act as a Staff Judge Advocate to any reviewing authority upon the same case.
Source
Laws 1969, c. 458, § 8, p. 1555.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-409 - Apprehension of persons.

55-409.
Apprehension of persons.
(1) Apprehension is the taking into custody of a person.
(2) Any person authorized under regulations governing the armed forces to apprehend persons subject to this code or to trial thereunder may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.
(3) All officers, warrant officers, and noncommissioned officers shall have authority to quell all quarrels, frays, and disorders among persons subject to this code and to apprehend persons subject to this code who take part in the same.
Source
Laws 1969, c. 458, § 9, p. 1556.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-410 - Apprehension of deserters.

55-410.
Apprehension of deserters.
It shall be lawful for any civil officer having authority to apprehend offenders under the laws of the State of Nebraska summarily to apprehend a deserter from the Nebraska National Guard or a member of the military forces absent without leave and deliver him into the custody of the Nebraska National Guard.
Source
Laws 1969, c. 458, § 10, p. 1556.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-411 - Imposition of restraint.

55-411.
Imposition of restraint.
(1) Arrest is the restraint of a person by an order not imposed as a punishment for an offense directing him to remain within certain specified limits. Confinement is the physical restraint of a person.
(2) An enlisted person may be ordered into arrest or confinement by any officer by an order, oral or written, delivered in person or through other persons subject to this code. A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted persons of his command or subject to his authority into arrest or confinement.
(3) An officer or warrant officer may be ordered into arrest or confinement only by a commanding officer to whose authority he is subject, by an order, oral or written, delivered in person or by another officer. The authority to order such persons into arrest or confinement may not be delegated.
(4) No person shall be ordered into arrest or confinement except for probable cause.
(5) Nothing in this section shall be construed to limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
Source
Laws 1969, c. 458, § 11, p. 1556.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-412 - Restraint of persons charged with offenses.

55-412.
Restraint of persons charged with offenses.
Any person subject to this code charged with an offense under this code shall be ordered into arrest or confinement, as circumstances may require. When any person subject to this code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him.
Source
Laws 1969, c. 458, § 12, p. 1557.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-413 - Confinement and imprisonment other than in guardhouse.

55-413.
Confinement and imprisonment other than in guardhouse.
Confinement and imprisonment other than in guardhouse, whether prior to, during or after trial by a military court, shall be executed in jails, penitentiaries or prisons designated by the Governor or by the Adjutant General for that purpose.
Source
Laws 1969, c. 458, § 13, p. 1557.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-414 - Reports and receiving of prisoners.

55-414.
Reports and receiving of prisoners.
(1) No provost marshal, commander of a guard, warden, keeper or officer of a city or county jail or any other jail, penitentiary or prison designated by the Governor or the Adjutant General under section 55-413 shall refuse to receive or keep any prisoner committed to his charge by an officer of the military forces, when the committing officer furnishes a statement signed by him, of the offense charged against the prisoner.
(2) Every commander of a guard, warden, keeper or officer of a city or county jail or any other jail, penitentiary or prison designated by the Governor or the Adjutant General under section 55-413 to whose charge a prisoner is committed shall, within twenty-four hours after such commitment or as soon as he is relieved from guard, report to the commanding officer the name of such prisoner, the offense charged against him, and the name of the person who ordered or authorized the commitment.
Source
Laws 1969, c. 458, § 14, p. 1557.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-415 - Manual for Courts-Martial, United States; applicability.

55-415.
Manual for Courts-Martial, United States; applicability.
Insofar as it is not inconsistent with the provisions of this code, the Manual for Courts-Martial, United States, as established from time to time by Executive Order of the President of the United States shall be in force and effect and apply to the military forces of Nebraska.
Source
Laws 1969, c. 458, § 15, p. 1557.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-417 - Court-martial, defined; jurisdiction.

55-417.
Court-martial, defined; jurisdiction.
There shall be general, special, and summary courts-martial constituted like similar courts of the Army and Air Force of the United States. The jurisdiction of the courts-martial shall be as follows:
(1) General court-martial: Except as otherwise provided by law, a general court-martial may try any person subject to the Nebraska Code of Military Justice;
(2) Special court-martial: Except as otherwise provided by law, a special court-martial may try any person subject to the code when the punishment for the offense does not include a dishonorable discharge; and
(3) Summary court-martial: Except as otherwise provided by law, a summary court-martial may try any person subject to the code and it may adjudge any punishment not forbidden by the code except dishonorable discharge or bad-conduct discharge, confinement for more than one month, hard labor without confinement for more than forty-five days, or forfeiture of more than two-thirds of one month's pay.
Source
Laws 1969, c. 458, § 17, p. 1561;
Laws 1993, LB 170, § 6.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-418 - Court-martial; jurisdiction.

55-418.
Court-martial; jurisdiction.
A court-martial as defined in the code shall have jurisdiction to try persons subject to the code for any offense defined and made punishable by the code and may, under such limitations and regulations as the Governor may prescribe, adjudge any of the following penalties:
(1) Confinement at hard labor for not more than six months;
(2) Hard labor without confinement for not more than three months;
(3) Forfeitures or detentions of pay not exceeding two-thirds pay per month for six months;
(4) Bad conduct discharge;
(5) Dishonorable discharge;
(6) Reprimand; or
(7) Reduction of noncommissioned officers to the ranks, and to combine any two or more of such punishments in the sentence imposed.
Source
Laws 1969, c. 458, § 18, p. 1562;
Laws 2016, LB754, § 11.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-419 - Court-martial; jurisdiction; not exclusive.

55-419.
Court-martial; jurisdiction; not exclusive.
The jurisdiction of a court-martial is limited to the trial of persons accused of military offenses as described in the code. Persons subject to the code who are accused of offenses cognizable by the civil courts of this state or any other state where the military forces are present in that state may, upon accusation, be promptly surrendered to civil authorities for disposition, urgencies of the service considered. If the person subject to the code is accused of both a military offense under the code and a civil offense by the civil authorities, he or she shall be released to the civil authorities if the crime for which he or she is accused by the civil authorities carries a penalty in excess of the maximum penalty provided by the code.
Source
Laws 1969, c. 458, § 19, p. 1562;
Laws 2016, LB754, § 12.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-420 - Court-martial; who may convene.

55-420.
Court-martial; who may convene.
A court-martial may be convened by:
(1) The Governor of Nebraska; or
(2) Any other commanding officer in any of the military forces who is of the rank of major or above.
If any such officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered advisable by him.
Source
Laws 1969, c. 458, § 20, p. 1562.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-421 - Court-martial; members; eligibility.

55-421.
Court-martial; members; eligibility.
(1) Any commissioned officer is eligible to serve on any court-martial for the trial of any person who may lawfully be brought before such court for trial.
(2) Any warrant officer is eligible to serve on a court-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such court for trial.
(3)(a) Any enlisted member, who is not a member of the same unit as the accused, is eligible to serve on a court-martial for the trial of any enlisted member of an armed force who may lawfully be brought before such court for trial, but he shall serve as a member of a court only if, before the conclusion of a session called by the military judge prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested in writing that enlisted members serve on it. After such request, the accused may not be tried by a court-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible enlisted members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be assembled and the trial held without them, but the assembling authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained.
(b) In this section, the word unit means any regularly organized body as defined by the Governor, but in no case may it be a body larger than a company, squadron, or body corresponding to one of them.
(4)(a) When it can be avoided, no member of the military forces may be tried by a court-martial any member of which is junior to him in rank or grade.
(b) When convening a court-martial, the convening authority shall detail as members thereof such members of the military forces as, in his opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of the military forces is eligible to serve as a member of a court-martial when he is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.
Source
Laws 1969, c. 458, § 21, p. 1563.
2023 Nebraska Revised Statutes › Chapter 55 - Militia › 55-422 - Court-martial; military judge; qualifications.

55-422.
Court-martial; military judge; qualifications.
(1) The authority convening a court-martial shall detail a military judge thereto. A military judge shall preside over each open session of the court-martial to which he had been detailed.
(2) A military judge shall be a commissioned officer of the National Guard or a retired officer of the reserve components of the armed forces of the United States who is a member of the bar of the Supreme Court of Nebraska and who is certified to be qualified for such duty by the State Judge Advocate. The State Judge Advocate may recommend to the Adjutant General that he order to active duty retired personnel of the United States Armed Forces who are qualified to act as a military judge.
(3) No person is eligible to act as military judge in a case if he is the accuser or a witness for the prosecution or has acted as investigation officer or a counsel in the same case.
(4) Neither the convening authority nor any member of his staff shall prepare or review any report concerning the effectiveness, fitness or efficiency of a military judge which relates to his performance of duty as such. A commissioned officer who is certified to be qualified for duty as a military judge of a court-martial may perform such duties only when he is assigned and directly responsible to the State Judge Advocate and may perform duties of a judicial or nonjudicial nature other than those relating to his primary duty as a military judge of a court-martial when such duties are assigned to him by or with the approval of the State Judge Advocate. The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel, nor may he vote with the members of the court.
Source
Laws 1969, c. 458, § 22, p. 1564.