Chapter 35 — FIRE COMPANIES AND FIREFIGHTERS
143 sections in this chapter.
Neb. Rev. Stat. § 35-1001 Death or disability as a result of cancer; death or disability as a result of certain diseases; prima facie evidence.
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(1) For a firefighter or firefighter-paramedic who is a member of a paid fire department of a municipality or a rural or suburban fire protection district in this state, including a municipality having a home rule charter or a municipal authority created pursuant to a home rule c…
Neb. Rev. Stat. § 35-1002 Act, how cited.
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Sections 35-1002 to 35-1010 shall be known and may be cited as the Firefighter Cancer Benefits Act.
Neb. Rev. Stat. § 35-1003 Terms, defined.
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For purposes of the Firefighter Cancer Benefits Act: (1) Cancer means: (a) A disease (i) caused by an uncontrolled division of abnormal cells in a part of the body or a malignant growth or tumor resulting from the division of abnormal cells and (ii) affecting the prostate, breast…
Neb. Rev. Stat. § 35-1004 Benefits; entitled, when.
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Before any firefighter is entitled to benefits under the Firefighter Cancer Benefits Act, such firefighter shall (1) have successfully passed a physical examination which failed to reveal any evidence of cancer, (2) have served at least twenty-four consecutive months as a firefig…
Neb. Rev. Stat. § 35-1005 Enhanced cancer benefits; provide and maintain; minimum benefits; additional payment upon death; conditions.
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(1) Beginning on and after January 1, 2022, any rural or suburban fire protection district, airport authority, city, village, or nonprofit corporation may provide and maintain enhanced cancer benefits. If such benefits are provided, they shall include, at a minimum, the following…
Neb. Rev. Stat. § 35-1006 Benefits; maximum amount.
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The combined total of all benefits received by any firefighter pursuant to subdivisions (1)(a) and (b) of section 35-1005 during his or her lifetime shall not exceed fifty thousand dollars.
Neb. Rev. Stat. § 35-1007 Firefighter; cessation of status; eligibility for benefits; rural or suburban fire protection district, airport authority, city, village, or nonprofit corporation; responsible for payment of premiums or other costs.
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A firefighter shall remain eligible for benefits pursuant to subsections (1) and (2) of section 35-1005 for thirty-six months after the formal cessation of the firefighter's status as a firefighter. If a firefighter has a physical examination during the thirty-six months of eligi…
Neb. Rev. Stat. § 35-1008 Benefits; proof of insurance coverage or ability to pay; documentation.
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A rural or suburban fire protection district, airport authority, city, village, or nonprofit corporation, if it provides benefits pursuant to subsections (1) and (2) of section 35-1005, shall maintain proof of insurance coverage that meets the requirements of the Firefighter Canc…
Neb. Rev. Stat. § 35-1009 Reports; requirements.
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(1) Any rural or suburban fire protection district, airport authority, city, village, or nonprofit corporation that has had a firefighter file a claim for or receive cancer benefits under the Firefighter Cancer Benefits Act shall report such claims filed, claims paid, and types o…
Neb. Rev. Stat. § 35-101 Volunteer firefighters; exemptions enumerated; retired firefighters; exemptions.
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All volunteer members in good standing in any fire company or hook and ladder company in this state shall be exempt from militia duty in time of peace; Provided, that said certificate of exemption shall be approved and authorized by the council or board of trustees under the seal…
Neb. Rev. Stat. § 35-1010 Rules and regulations.
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The State Fire Marshal may adopt and promulgate rules and regulations necessary to carry out the Firefighter Cancer Benefits Act.
Neb. Rev. Stat. § 35-102 Volunteer fire department; number of members; apparatus.
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No volunteer fire department shall have upon its rolls at one time more than twenty-five persons, for each engine and hose company in such fire department, and no hook and ladder company shall have upon its rolls at any one time more than twenty-five members. No organization shal…
Neb. Rev. Stat. § 35-103 Volunteer firefighters; members in good standing.
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Members in good standing are hereby defined to be those who keep their dues promptly paid up, and are present and render active service when called out for the legitimate purposes of their organization.
Repealed. Laws 1955, c. 126, § 2.
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[Repealed or reserved.]
Neb. Rev. Stat. § 35-105 Equipment; exemption from execution and sale.
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All fire engines, hose, hose carriages, ladders, buckets, and all vehicles, machinery, and appliances of every kind used or kept by incorporated cities, villages, or fire companies for the purpose of extinguishing fires are hereby exempt from execution and sale to satisfy any deb…
Neb. Rev. Stat. § 35-106 Fire insurance companies; occupation tax; levy; collection.
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The municipal authorities of any city of the first or second class or village, shall have authority, by ordinance, to impose an occupation tax of not more than five dollars per annum on each fire insurance corporation, company or association, doing business in such city or villag…
Neb. Rev. Stat. § 35-107 Volunteer department; emergency first aid; members; immunity from liability; when.
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No member of a volunteer fire department or of a volunteer first-aid, rescue, or emergency squad which provides emergency public first-aid and rescue services shall be liable in any civil action to respond in damages as a result of his acts of commission or omission arising out o…
Neb. Rev. Stat. § 35-108 Volunteer fire and rescue personnel; group life insurance; municipality or district; purchase; maintain; coverage termination.
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The governing body of any incorporated municipality having a volunteer fire department or the board of directors of each rural or suburban fire protection district shall purchase and maintain in force a policy of group term life insurance to age sixty-five covering the lives of a…
Neb. Rev. Stat. § 35-109 Sirens; restriction on use.
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No siren or other similar device whose primary purpose is to warn the public of a natural or manmade emergency or disaster shall be used to notify volunteer firefighters of a fire or to summon volunteer firefighters to a fire. This section applies only to cities of the first clas…
Neb. Rev. Stat. § 35-1101 Fire Recognition Day; designation.
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The second Saturday in May is designated and shall be known as Fire Recognition Day, and exercises appropriate for the subject and day may be exercised by any fire department.
Neb. Rev. Stat. § 35-1201 Act, how cited.
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Sections 35-1201 to 35-1207 shall be known and may be cited as the Mutual Finance Assistance Act.
Neb. Rev. Stat. § 35-1202 Mutual finance organization, defined.
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For purposes of the Mutual Finance Assistance Act, mutual finance organization means a group of rural or suburban fire protection districts, cities, or villages which enter into an agreement pursuant to section 35-1204 to cooperate for purposes of financing operational and equipm…
Neb. Rev. Stat. § 35-1203 Mutual Finance Assistance Fund; created; use; investment.
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The Mutual Finance Assistance Fund is created. The fund shall be used to provide assistance to rural or suburban fire protection districts and mutual finance organizations which qualify under the Mutual Finance Assistance Act. Any money in the fund available for investment shall …
Neb. Rev. Stat. § 35-1204 Mutual finance organization; creation by agreement; tax levy.
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(1) A mutual finance organization may be created by agreement among its members pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act. The agreement shall: (a) Have a duration of three years; (b) Require that each member of the mutual finance organization levy…
Neb. Rev. Stat. § 35-1205 Distributions from fund; qualifications.
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(1) Any rural or suburban fire protection district which contains within its boundaries (a) an assumed population of thirty thousand or more or (b) at least sixty percent of the assumed population of any one county which is contained in whole or in part within the district residi…
Neb. Rev. Stat. § 35-1206 Distributions from fund; amount; disqualification; when.
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(1)(a) Rural and suburban fire protection districts or mutual finance organizations which qualify for assistance under section 35-1205 shall receive ten dollars times the assumed population of the fire protection district or mutual finance organization as calculated in subsection…
Neb. Rev. Stat. § 35-1207 Application for distribution; financial information required; State Treasurer; duties.
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(1) Any rural or suburban fire protection district or mutual finance organization seeking funds pursuant to the Mutual Finance Assistance Act shall submit an application and any forms required by the State Treasurer. Such application and forms shall be submitted to the State Trea…
Neb. Rev. Stat. § 35-1301 Act, how cited.
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Sections 35-1301 to 35-1330 shall be known and may be cited as the Volunteer Emergency Responders Recruitment and Retention Act.
Neb. Rev. Stat. § 35-1302 Legislative findings.
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(1) The Legislature recognizes that volunteer firefighters and rescue squad personnel have provided fire suppression and emergency response services to their local communities for over a century at only a fraction of the cost to the taxpayers which would have resulted from implem…
Neb. Rev. Stat. § 35-1303 Terms, defined.
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For purposes of the Volunteer Emergency Responders Recruitment and Retention Act: (1) Active emergency responder means a person who has been approved by the duly constituted authority in control of a volunteer department as a volunteer member of the department who is performing s…
Repealed. Laws 2001, LB 808, § 23.
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[Repealed or reserved.]
Repealed. Laws 2001, LB 808, § 23.
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[Repealed or reserved.]
Repealed. Laws 2001, LB 808, § 23.
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[Repealed or reserved.]
Repealed. Laws 2001, LB 808, § 23.
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[Repealed or reserved.]
Repealed. Laws 2001, LB 808, § 23.
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[Repealed or reserved.]
Neb. Rev. Stat. § 35-1309 Service award benefit program; authorized.
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(1) After March 1, 2000, any city of the first class, city of the second class, village, rural fire protection district, or suburban fire protection district which relies in whole or in part upon a volunteer department for emergency response services may adopt a service award ben…
Neb. Rev. Stat. § 35-1309.01 Standard criteria for qualified active service; computation.
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(1) The standard criteria for qualified active service shall be based on a total of one hundred possible points per year. A person must accumulate at least fifty points out of the possible one hundred points during a year of service in order to qualify as an active emergency resp…
Neb. Rev. Stat. § 35-1310 Certification administrator; designation; duties; certification list; hearing; appeal.
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Each volunteer department serving a city, village, or rural or suburban fire protection district conducting a service award benefit program shall designate one member of the department to serve as the certification administrator. The designation of such individual as the certific…
Repealed. Laws 2001, LB 808, § 23.
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[Repealed or reserved.]
Repealed. Laws 2011, LB 121, § 3.
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[Repealed or reserved.]
Neb. Rev. Stat. § 35-1312 Service award benefit payments; when; section; how construed.
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(1) Except as provided in section 35-1313, service award benefits provided under a service award benefit program shall be paid to a participant only upon the date he or she reaches the age of sixty-five or upon the first day of the first year of service after the first year of se…
Neb. Rev. Stat. § 35-1313 Service award benefits; payment upon military service, disability, or death.
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(1)(a) Service award benefits may be paid to a participant as provided in subsection (1) of section 35-1312 notwithstanding that such participant has not been an active emergency responder, active rescue squad member, or active volunteer firefighter for the specified years of ser…
Neb. Rev. Stat. § 35-1314 Participant; failure to qualify; forfeiture.
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Any participant in a service award benefit program who ceases to be a volunteer or participant and consequently fails to qualify for a service award benefit pursuant to section 35-1312 or 35-1313 shall forfeit all rights to any future distribution of any portion of the principal …
Neb. Rev. Stat. § 35-1315 Service award benefit program; annual account.
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Each city, village, or rural or suburban fire protection district conducting a service award benefit program shall establish an annual account for each year of service in which such program is being conducted. All funds from whatever source furnished for the purpose of providing …
Neb. Rev. Stat. § 35-1316 Annual account; appropriations and contributions; liability; limitation.
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(1) Each city, village, or rural or suburban fire protection district conducting a service award benefit program shall appropriate for the annual account for each year of service in which such program is in existence a sum to be determined by the governing body as sufficient to m…
Neb. Rev. Stat. § 35-1317 Service award benefit; how paid; exempt from judicial process.
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(1) The service award benefit received by a qualifying participant or beneficiary shall, at the option of the recipient, be in the form of an annuity or lump-sum benefit. No portion of any annual account shall be subject to attachment, garnishment, execution, or other judicial pr…
Neb. Rev. Stat. § 35-1318 Eligibility.
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Any person who is a paid member of a fire department or other emergency response organization and who receives retirement benefits in consequence of such employment shall not be eligible to participate in any service award benefit program being conducted by the same city, village…
Neb. Rev. Stat. § 35-1319 Participant; status as volunteer.
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The participation of a volunteer in any service award benefit program conducted pursuant to the Volunteer Emergency Responders Recruitment and Retention Act and his or her receipt of service award benefits pursuant to such a program shall not for that cause alone alter the relati…
Neb. Rev. Stat. § 35-1320 Service award benefit program; summary; information to participants; statement required; public records.
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(1) Any city, village, or rural or suburban fire protection district conducting a service award benefit program shall, within thirty days after the adoption of a program, provide all volunteers providing its local political subdivision with emergency response services with a summ…
Repealed. Laws 2011, LB 121, § 3.
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[Repealed or reserved.]