Chapter 35, FIRE COMPANIES AND FIREFIGHTERS
94 sections in this chapter.
Neb. Rev. Stat. § 35-1403 Employer; prohibited acts.
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No employer shall terminate or take any other disciplinary action against any employee who is a volunteer emergency responder if such employee, when acting or actively deployed as a volunteer emergency responder, is absent from or reports late to his or her place of employment in…
Neb. Rev. Stat. § 35-1404 Employer; adjustment to wages authorized.
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An employer may subtract from an employee's earned wages any time such employee, acting as a volunteer emergency responder, is away from his or her place of employment because of such employee's response to an emergency.
Neb. Rev. Stat. § 35-1405 Employee; duty to notify employer.
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An employee acting as a volunteer emergency responder shall make a reasonable effort to notify his or her employer that he or she may be absent from or report late to his or her place of employment in order to respond to an emergency.
Neb. Rev. Stat. § 35-1406 Employee; provide written statement; contents.
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At an employer's request, an employee, acting as a volunteer emergency responder, who is absent from or reports late to his or her place of employment in order to respond to an emergency shall provide his or her employer, within seven days of such request, a written statement sig…
Neb. Rev. Stat. § 35-1407 Employee; provide employer notice of status as volunteer emergency responder.
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Prior to seeking protection pursuant to the Volunteer Emergency Responders Job Protection Act, an employee acting as a volunteer emergency responder shall provide his or her employer with a written statement signed by the individual in charge of the department or another individu…
Neb. Rev. Stat. § 35-1408 Wrongful termination of employment or disciplinary action; reinstatement; action to enforce act.
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An employee who is terminated or against whom any disciplinary action is taken in violation of the Volunteer Emergency Responders Job Protection Act shall be immediately reinstated to his or her former position, if wrongfully terminated, without reduction of wages, seniority, or …
Neb. Rev. Stat. § 35-201 Compact authorized.
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The Governor of Nebraska may execute a compact on behalf of the state with any one or more states who may, by their legislative bodies, authorize a compact, in form substantially as follows: ARTICLE I The purpose of this compact is to promote effective prevention and control of f…
Neb. Rev. Stat. § 35-202 Volunteer firefighter; file certificate of insurance.
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No Nebraska volunteer firefighter shall be dispatched on behalf of this state pursuant to the compact set forth in section 35-201 outside the boundaries of Nebraska unless such volunteer firefighter files with the Nebraska compact administrator a valid certificate of insurance co…
Neb. Rev. Stat. § 35-302 Paid fire departments; firefighters; hours of duty; alternating day schedule; agreement; restrictions.
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Firefighters employed in the fire departments of cities having paid fire departments shall not be required to remain on duty for periods of time which will aggregate in each month more than an average of sixty hours per week. Each single-duty shift shall consist of twenty-four co…
Neb. Rev. Stat. § 35-501 Rural and suburban fire protection districts; organization; necessity.
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It is recognized, found, and declared: (1) That it is in the public interest to encourage residents and property owners in rural and suburban areas in the state to organize, equip, and maintain local firefighting bodies corporate and politic for the purpose of providing the same …
Neb. Rev. Stat. § 35-502 District; organization; conversion from rural to suburban fire protection district; conditions.
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(1) In order to provide for the protection of lives and property in rural and suburban areas against loss or damage by fire, more than fifty percent of the registered voters residing in the following are hereby authorized and empowered to initiate the formation of rural or suburb…
Neb. Rev. Stat. § 35-506 District; vote on organization; officers; terms; compensation.
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(1) After formation of a district by merger or reorganization under section 35-517, at the time and place fixed by the county board for public hearing as provided in section 35-514, the registered voters who are residing within the boundaries of the district shall have the opport…
Neb. Rev. Stat. § 35-507 District; meeting; when held.
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A regular meeting of the registered voters who are residing within the boundaries of a district shall be held at the time of the budget hearing as provided by the Nebraska Budget Act, and special meetings may be called by the board of directors at any time. Notice of a meeting sh…
Neb. Rev. Stat. § 35-508 District; directors; powers.
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The board of directors shall have the following general powers: (1) To determine a general fire protection and rescue program for the district; (2) To make an annual estimate of the probable expense for carrying out such program; (3) To annually certify such estimate to the count…
Neb. Rev. Stat. § 35-509 District; budget; tax to support; limitation; how levied; county treasurer; duties.
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(1) The board of directors shall have the power and duty to determine a general fire protection and rescue policy for the district and shall annually fix the amount of money for the proposed budget statement as may be deemed sufficient and necessary in carrying out such contempla…
Neb. Rev. Stat. § 35-509.01 District; secretary-treasurer; bond; amount; premium; failure to furnish; effect.
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The secretary-treasurer of each district shall, within ten days after his or her election, execute to the county and file with the county clerk a bond of not less than two thousand dollars in any instance nor less than the amount of money, as nearly as can be ascertained, to come…
Neb. Rev. Stat. § 35-511 District funds; where deposited; how disbursed; annual report.
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All donations, contributions, bequests, annuities, or borrowed money received by or on behalf of the district shall be deposited with the secretary-treasurer of the district and shall be drawn out only upon proper check. Such check shall be authorized by the board of directors an…
Neb. Rev. Stat. § 35-512 Districts; warrants; amount authorized; rate of interest.
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All warrants for payment of any indebtedness of a rural fire protection district which are unpaid for want of funds shall bear interest at a rate specified by the issuing district and endorsed on the warrant, from the date of the registering of such unpaid warrants with the count…
Neb. Rev. Stat. § 35-513 Districts; consolidation; contracts for fire protection; cities and villages; power to contract; service award benefit program; authorized.
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(1) Any rural or suburban fire protection district may elect to enter into a contract with another rural or suburban fire protection district to consolidate or cooperate for mutual fire protection and prevention purposes, or may enter into a contract with an incorporated city or …
Neb. Rev. Stat. § 35-514 District; annexation of territory; procedure.
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(1) Any territory which is outside the limits of any incorporated city may be annexed to an adjacent district in the manner provided in this section, whether or not the territory is in an existing rural or suburban fire protection district. (2) The proceedings for the annexation …
Neb. Rev. Stat. § 35-514.02 Emergency medical or fire protection service; contract; agreement; notice; hearing; cost; levy; limitation.
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(1) A rural or suburban fire protection district may establish an emergency medical service, including the provision of scheduled or unscheduled ambulance service, or provide fire protection service either within or without the district, may enter into agreements under the Interl…
Neb. Rev. Stat. § 35-516 District; boundaries; change; procedure; merger.
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(1) The boundaries of any rural or suburban fire protection district organized under sections 35-501 to 35-517 may be changed in the manner prescribed by section 35-514, but the changes of boundaries of any such district shall not impair or affect its organization or its right in…
Neb. Rev. Stat. § 35-517 District; boundaries; county board; duties.
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(1) The county board shall set the boundaries of all rural or suburban fire protection districts in the county so that all areas within the county which are not within the incorporated areas of cities and villages are included within a rural or suburban fire protection district. …
Neb. Rev. Stat. § 35-518 District; contract for protection with counties of adjoining state; terms; damages.
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Any rural or suburban fire protection district may enter into contracts on an annual or other basis with any rural fire protection district of an adjoining county or counties of another state having a general fire protection program or firefighting equipment under the control of …
Neb. Rev. Stat. § 35-519 Rural fire protection district; conversion to suburban fire protection district; procedure; effect.
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(1) Whenever it is desired and proposed to convert a duly organized rural fire protection district to a suburban fire protection district as authorized by section 35-502, such conversion may be accomplished in the manner provided in this section. (2) The board of directors of suc…
Neb. Rev. Stat. § 35-520 Rural fire protection district; false alarm; false report; violation; penalty.
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Whoever willfully or maliciously shall raise a false alarm or false report of a fire in any rural fire protection district or any rural area within the State of Nebraska shall be guilty of a Class III misdemeanor.
Neb. Rev. Stat. § 35-521 Rural or suburban fire protection district; dissolution; petition; election; disbursement of funds.
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A petition seeking the dissolution of a rural or suburban fire protection district, signed by the registered voters of the district equal in number to ten percent of the number of registered voters, may be filed with the board of directors. If the board finds that all indebtednes…
Neb. Rev. Stat. § 35-522 Rural or suburban fire protection district; inactive for five years; county board; dissolution.
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When any rural or suburban fire protection district is inactive for a period of at least five years, as determined by resolution of the county board in which the greatest portion of the valuation of the district is located, the county board may order the district dissolved. The c…
Neb. Rev. Stat. § 35-529 Rural or suburban fire protection district; radio equipment; purchase; reimbursement.
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The materiel administrator of the Department of Administrative Services is authorized to purchase radio equipment for any rural or suburban fire protection district when requested by the district. The district shall reimburse the state for the cost of any equipment so purchased f…
Neb. Rev. Stat. § 35-530 Territory within village or city; inclusion within district; procedure.
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The territory within the incorporated area of any village or city may be included within a rural or suburban fire protection district pursuant to sections 35-530 to 35-536.
Neb. Rev. Stat. § 35-531 Inclusion; procedure.
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The proceedings for the inclusion referred to in section 35-530 may be initiated by (1) the presentation to the county clerk of a petition signed by sixty percent or more of the registered voters who are residing within the boundaries of the territory to be included stating the d…
Neb. Rev. Stat. § 35-532 Inclusion; county clerk; duties.
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The county clerk shall verify the petition as provided in section 32-631 and determine and certify whether or not such petition or joint resolution or ordinance complies with the requirements of section 35-531 and that the persons signing the petition appear to reside within the …
Neb. Rev. Stat. § 35-533 Inclusion; map or plat; certificate; report; transmitted to county board; duties; district in more than one county; hearing; boundaries; determination.
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(1) Within thirty days after receiving the petition, map or plat, and certificate of the county clerk, in accordance with section 35-532, the board of directors of the district and the city council or village board shall transmit the petition, map or plat, and certificate to the …
Neb. Rev. Stat. § 35-535 District; public meeting; board of directors.
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After the filing of a written order by the county board pursuant to section 35-533, the county clerk shall then fix a time and place for a public meeting of all registered voters who are residing within the boundaries. A board of directors shall be elected as provided in section …
Neb. Rev. Stat. § 35-536 Merged district; statutes applicable.
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Each rural or suburban fire protection district merged pursuant to sections 35-530 to 35-536 shall be subject to the provisions of sections 35-508, 35-509, 35-511, and 35-512. Such merged district shall operate under the same tax levy limit as a rural or suburban fire protection …
Neb. Rev. Stat. § 35-537 Annexation of territory by a city or village; effect on certain contracts.
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Whenever any city or village annexes all the territory within the boundaries of any rural or suburban fire protection district authorized under Chapter 35, article 5, the district shall merge with the city or village and the city or village shall succeed to all the property and p…
Neb. Rev. Stat. § 35-538 Annexation; board of directors; accounting; effect.
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The board of directors of a rural or suburban fire protection district shall, within thirty days after the effective date of the merger, submit to the city or village a written accounting of all assets and liabilities, contingent or fixed, of the district. Unless the city or vill…
Neb. Rev. Stat. § 35-539 Annexation; when effective; board of directors; duties.
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The merger shall be effective thirty days after the effective date of the ordinance annexing the territory within the rural or suburban fire protection district. If the validity of the ordinance annexing the territory is challenged by a proceeding in a court of competent jurisdic…
Neb. Rev. Stat. § 35-540 Annexation; obligations and assessments; agreement to divide; approval; decree.
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If only a part of the territory within any rural or suburban fire protection district is annexed by a city or village, the fire protection district acting through its board of directors and the city or village acting through its governing body may agree between themselves as to t…
Neb. Rev. Stat. § 35-601 Emergency Firefighting Fund; created; use; investment.
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There is hereby created the Emergency Firefighting Fund, to be used by the State Fire Marshal to assist in controlling and extinguishing wildland fires. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capit…
Neb. Rev. Stat. § 35-602 Emergency Firefighting Fund; State Fire Marshal; use; purpose.
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Whenever the State Fire Marshal finds that conditions of extreme fire hazard exist he may use the proceeds of the Emergency Firefighting Fund for the purpose of preventing, controlling, or extinguishing any fires that are a hazard to state and private lands within the state.
Neb. Rev. Stat. § 35-603 Emergency Firefighting Fund; agreements with federal government; purpose.
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The State Fire Marshal may, for the purpose of maintaining a fire patrol in any timber, brush, grass, or other flammable vegetation or material, enter into cooperative agreements with the federal government under such terms as he deems advisable and may renew, revise and terminat…
Neb. Rev. Stat. § 35-801 Clothing and equipment; prohibited acts; violation; penalty.
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(1) No vendor or manufacturer shall knowingly transfer, sell, or offer for sale in this state to any fire department or firefighter any item of clothing or equipment designed and intended to protect firefighters from death or injury while fighting fires unless the item of clothin…
Neb. Rev. Stat. § 35-901 Volunteer departments; trust fund; established; use; public funds; restrictions; express authorization required; when; section, how construed; expenditures of public funds; procedure; gambling money; restrictions.
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(1) For purposes of this section, volunteer department shall mean volunteer fire department or volunteer first-aid, rescue, or emergency squad or volunteer fire company serving any city, village, county, township, or rural or suburban fire protection district. (2) Except as provi…