Chapter 55 — MILITIA
214 sections in this chapter.
Neb. Rev. Stat. § 55-101 Military code; how cited.
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Sections 55-101 to 55-181 shall be known and may be cited as the Military Code.
Neb. Rev. Stat. § 55-102 Military code; contents.
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All acts of the Congress of the United States providing for the administration, control, equipment, government, and organization of the armed forces of the United States, together with the rules and regulations promulgated thereunder, now in effect and hereinafter enacted or prom…
Neb. Rev. Stat. § 55-103 Military code; legislative intent.
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The intent of this code is to conform to all constitutional acts and regulations of the United States affecting the same subjects, and all acts of the State of Nebraska shall be construed to effect this purpose.
Neb. Rev. Stat. § 55-104 Military code; definitions.
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As used in Chapter 55, article 1, unless the context otherwise requires: (1) The term military forces shall mean the National Guard, also called the Nebraska National Guard and also hereinafter referred to as the Army National Guard and the Air National Guard, and in addition the…
Neb. Rev. Stat. § 55-105 Militia; classes, defined.
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The militia of this state shall be divided into two classes, the active and the reserve militia. The active militia shall consist of the organized and uniformed military forces of the state, which shall be known as the Nebraska National Guard, which includes the Army National Gua…
Neb. Rev. Stat. § 55-106 Militia; persons subject to duty; exemptions.
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All able-bodied citizens and able-bodied persons of foreign birth who have been admitted for permanent residence, who are more than seventeen and less than sixty years of age, and who are residents of this state shall constitute the militia, subject to the following exemptions: (…
Neb. Rev. Stat. § 55-107 National Guard Reserve.
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An inactive National Guard may be organized and maintained under such rules and regulations as may be prescribed in accordance with the acts of the Congress of the United States.
Neb. Rev. Stat. § 55-108 National Guard; organization; federal regulations.
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The organization of the National Guard, including the composition of all units thereof, shall be such as is or may hereafter be prescribed for this state by the United States or by regulations of the Department of the Army and Department of the Air Force.
Neb. Rev. Stat. § 55-109 National Guard; units; location.
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The location of units, including headquarters, shall be fixed by the Governor on the recommendation of the Adjutant General.
Neb. Rev. Stat. § 55-110 National Guard; uniform; arms; equipment.
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The National Guard of Nebraska shall be uniformed, armed and equipped as provided by the laws or regulations of the United States. Such uniforms, arms and equipment shall be procured and issued by the proper officers as the needs of the service may require and shall be accounted …
Neb. Rev. Stat. § 55-111 National Guard; units; inspection.
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Inspections of all units and equipment of the National Guard shall be made as required by United States law or regulation. The Adjutant General may make or order such additional inspections as he shall determine necessary.
Neb. Rev. Stat. § 55-112 Military property; custody and care; violation; penalty.
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All public property, except when in use in the performance of military duty, shall be kept in armories, or other properly designated places of deposit. It shall be unlawful for any person charged with the care and safety of such public property to allow the same out of his custod…
Neb. Rev. Stat. § 55-113 National Guard; drills; encampments; maneuvers.
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Each organization shall assemble for drill and instruction, and participate in encampments, maneuvers and other exercises at such periods as may be prescribed by the Governor in accordance with the requirements of the laws or regulations of the United States.
Neb. Rev. Stat. § 55-114 National Guard; annual encampment; attendance.
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The Nebraska National Guard shall encamp for instruction not less than fifteen days annually at such time, place, or places as may be ordered by the Governor. No member of the Nebraska National Guard will be excused from attendance except upon an order of the Adjutant General.
Neb. Rev. Stat. § 55-115 Militia; commander in chief; powers.
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The Governor, as commander in chief of the militia, may employ the militia or any part of it in the defense or relief of the state, or any part of its inhabitants or territories, and shall have all the powers necessary to carry into effect the provisions of this code.
Neb. Rev. Stat. § 55-116 Militia; state of insurrection; power of Governor to proclaim.
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Whenever any portion of the militia is employed in aid of the civil authority, the Governor, if in his judgment the maintenance of law and order will thereby be promoted, may by proclamation declare the county or city in which the troops are serving, or any specified portion ther…
Neb. Rev. Stat. § 55-117 Militia; National Guard; induction into actual service; occasions.
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The Nebraska National Guard shall be liable at all times to be ordered into active service, and shall be first called out by the Governor on all occasions for military service within the state, in time of war, invasions, riot, rebellion, insurrection, disaster, or reasonable appr…
Neb. Rev. Stat. § 55-118 Militia; draft for service; apportionment.
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In case of a draft, the Governor shall apportion it equitably among the several counties, taking care that the apportionment shall equitably be made among the several townships or precincts of the county, in such manner as he may prescribe. He shall in case of any such draft appo…
Neb. Rev. Stat. § 55-119 Militia; rules and regulations.
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The Governor, as commander in chief, is hereby authorized and empowered to make such rules and regulations and to promulgate all orders which he in his sole discretion shall determine desirable or necessary for the carrying into effect of the provisions of this code. When so prom…
Neb. Rev. Stat. § 55-120 National Guard; Military Department; officers; personnel; rank.
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The Military Department shall consist of the Adjutant General in the minimum grade of lieutenant colonel, one deputy adjutant general with a minimum grade of colonel, or a civilian deputy director, one assistant director for Nebraska Emergency Management Agency affairs, and such …
Neb. Rev. Stat. § 55-121 Adjutant General; qualifications; salary; sources for payment; performance of federal duties; effect.
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The Adjutant General shall be appointed by the Governor from the active or retired commissioned officers of the National Guard of this state. Such Adjutant General shall be or have been a commissioned officer who has actively served in the National Guard of this state for at leas…
Neb. Rev. Stat. § 55-122 Adjutant General; powers and duties.
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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 …
Neb. Rev. Stat. § 55-122.01 Adjutant General; military ceremonies and honors; duties; provide flag; when.
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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 presentatio…
Neb. Rev. Stat. § 55-123 Adjutant General; disbursing officer; bond or insurance.
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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 t…
Neb. Rev. Stat. § 55-124 Adjutant General; absence or entry into active service; acting Adjutant General; appointment; powers; compensation.
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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…
Neb. Rev. Stat. § 55-125 Adjutant General; assistants; qualifications.
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(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 …
Neb. Rev. Stat. § 55-126 Adjutant General; assistants; duties; bond or insurance; salary.
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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 sh…
Neb. Rev. Stat. § 55-127 United States property and fiscal officer; duties; bond or insurance.
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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…
Neb. Rev. Stat. § 55-128 Adjutant General; seal.
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The Adjutant General shall provide a seal, which shall be the seal of his office, and shall be delivered by him to his successor.
Neb. Rev. Stat. § 55-129 Adjutant General; reports.
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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.
Repealed. Laws 1981, LB 545, § 52.
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[Repealed or reserved.]
Neb. Rev. Stat. § 55-131 Adjutant General; property; receipt as trustee; control; disposition; Military Department Cash Fund; created; use; investment.
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(1) The Military Department Cash Fund is created. The fund shall be administered by the Adjutant General. The fund shall consist of transfers authorized by the Legislature and all nonfederal revenue received by the National Guard pursuant to this section. (2) The Adjutant General…
Repealed. Laws 1988, LB 793, § 7.
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[Repealed or reserved.]
Neb. Rev. Stat. § 55-132 Adjutant General; armories; rifle ranges; control; management; rental.
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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, …
Neb. Rev. Stat. § 55-133 Adjutant General; armories and equipment; assignment; military emergency vehicles; designation.
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(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 desig…
Neb. Rev. Stat. § 55-134 National Guard; composition; discrimination prohibited.
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Except as provided in section 55-136, 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…
Neb. Rev. Stat. § 55-135 National Guard; personnel; number; grade; service.
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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…
Neb. Rev. Stat. § 55-136 Adjutant General; National Guard; officers; qualifications; service; discharge.
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(1) The Adjutant General may hold such position until the age of sixty-six years. (2) 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 unt…
Neb. Rev. Stat. § 55-137 National Guard; officers; commissions.
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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 presc…
Neb. Rev. Stat. § 55-138 National Guard; officers; selection; separation.
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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.
Neb. Rev. Stat. § 55-139 National Guard; officers; powers and duties.
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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…
Neb. Rev. Stat. § 55-139.01 National Guard; peace officer; powers.
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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 sam…
Neb. Rev. Stat. § 55-140 National Guard; oaths; commissioned officers may administer.
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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.
Neb. Rev. Stat. § 55-141 Militia; commissioned officers; power of arrest.
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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 …
Transferred to section 55-124.
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[Repealed or reserved.]
Neb. Rev. Stat. § 55-142 Violations; penalty.
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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…
Neb. Rev. Stat. § 55-143 National Guard; officers; fitness; determination.
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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 fo…
Neb. Rev. Stat. § 55-144 National Guard; officers; resignation.
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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.
Repealed. Laws 1959, c. 266, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 55-145 National Guard; officers; resignations; acceptance; limitations.
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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 dis…