Chapter 55 — MILITIA
214 sections in this chapter.
Neb. Rev. Stat. § 55-146 National Guard; personnel; ordered to active duty; limitations.
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Officers and enlisted personnel of the National Guard who are active or retired may be ordered to active service of the state by the Governor or the Adjutant General: (1) During times of disaster declared by the Governor; (2) in any emergency when the lives or the property of the…
Neb. Rev. Stat. § 55-147 National Guard; officers; retired at higher grade, when.
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The Governor shall have the power, on good cause shown, to retire any officer in the next higher grade than that held by the officer during his active military service in the National Guard.
Neb. Rev. Stat. § 55-148 National Guard; officers; retirement; right of retired officers to wear uniform and insignia.
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Commissions of National Guard officers shall be vacated as provided by the laws or regulations of the United States. Any commissioned officer of the National Guard who resigns or is retired and who shall have served as such officer for a period of not less than ten years, and any…
Neb. Rev. Stat. § 55-149 National Guard; arms; supplies; issuance.
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Arms, accoutrements, ammunition, supplies and stores shall be issued to the proper officers of each organization upon requisition as prescribed by the laws or regulations of the United States.
Neb. Rev. Stat. § 55-150 National Guard; officers; bond or insurance; amount; conditions.
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Commanders of organizations and units and all other officers who are responsible for public military property shall execute and deliver to the Adjutant General a bond, in such sum as the Governor may direct, not exceeding five thousand dollars, payable to the State of Nebraska, w…
Neb. Rev. Stat. § 55-151 National Guard; enlistments; reenlistments; how made; qualifications.
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No enlistment shall be allowed other than of able-bodied citizens of the United States and able-bodied persons of foreign birth who have been admitted to the United States for permanent residence. Such citizens or persons are required to be between the ages of seventeen and sixty…
Neb. Rev. Stat. § 55-152 National Guard; federal service; termination; enlistments unaffected.
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Upon the termination of any emergency for which the National Guard has been drafted or called into the service of the United States, all persons so drafted or called, upon being discharged from the Army or Air Force of the United States, shall continue to serve in the Nebraska Na…
Neb. Rev. Stat. § 55-153 National Guard; continuous service, defined.
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Service by any person in the armed forces of the United States, or in national emergency, time of war, insurrection, or rebellion, shall be considered as continuous service in the National Guard for any and all purposes regarding privileges and exemptions provided by law for memb…
Neb. Rev. Stat. § 55-154 Militia; enlistments; length.
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Enlistments in the militia called out by proclamation of the Governor shall be for the term specified in such proclamation.
Neb. Rev. Stat. § 55-155 National Guard; enlisted personnel; discharge.
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An enlisted person discharged from service in the National Guard shall receive a discharge in writing in such form and with such classification as is or shall be prescribed by the laws or regulations of the United States. In time of peace discharges may be given prior to the expi…
Neb. Rev. Stat. § 55-156 National Guard; dishonorable discharge; effect; posting.
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A dishonorable discharge from service in the Nebraska National Guard shall operate as a complete expulsion from the guard, a forfeiture of all exemptions and privileges acquired through membership therein, and disqualification for any military service under the state. The names o…
Neb. Rev. Stat. § 55-157 Militia; active duty; personnel; compensation; travel expenses; health insurance reimbursement.
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(1) When an active or retired officer or enlisted person of the National Guard is ordered to active service of the state by the Governor or Adjutant General, he or she shall receive compensation as provided in this subsection. For service during a disaster or emergency, an office…
Repealed. Laws 1976, LB 596, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 55-157.02 Recruiting; strength maintenance; expenditure of funds; Adjutant General; supervise.
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Recruiting and strength maintenance activities of the Military Department may include, but shall not be limited to, (1) provision to members of the National Guard of suitable awards, honorariums, or other proper recognition for successful recruiting efforts, (2) provision for the…
Neb. Rev. Stat. § 55-157.03 Adjutant General; establish program; incentive payments; purpose; restriction.
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The Adjutant General may establish a program to encourage individuals to enlist or reenlist as enlisted persons or be commissioned or retained as commissioned officers in units of the Nebraska National Guard whenever the strength level of such units is so low as to adversely affe…
Neb. Rev. Stat. § 55-158 Compensation; payment.
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Whenever a member of the military forces of the State of Nebraska is entitled to compensation as provided in section 55-157, the Adjutant General shall certify the amount of compensation to be paid and direct that the warrant shall be charged against the state appropriated funds …
Neb. Rev. Stat. § 55-159 Injury or death while on active duty; workers' compensation benefits; procedure; exceptions.
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A member of the military forces of the State of Nebraska who incurs a personal injury which is caused by accident or occupational disease while in the active service of this state ordered by competent authority, which injury arises out of and in the course of his or her employmen…
Neb. Rev. Stat. § 55-160 Military leave of absence without loss of pay; limitations.
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(1) All employees, including elected officials of the State of Nebraska, or any political subdivision thereof, who are members of the National Guard, Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, and Coast Guard Reserve, shall be entitled to a military lea…
Neb. Rev. Stat. § 55-161 Military leave of absence; rights of officer or employee.
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(1) The parts of the federal Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. Chapter 43, listed in subdivisions (a) through (j) of this subsection or any other parts referred to by such parts, in existence and effective as of January 1, 2001, are adop…
Neb. Rev. Stat. § 55-161.01 Officers and employees of state; violation of rights; Commissioner of Labor; investigate; order; filing of action; order.
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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 identi…
Neb. Rev. Stat. § 55-161.02 Officers and employees of state; employer; granting of rights of veteran; effect.
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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.
Repealed. Laws 2002, LB 722, § 9.
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[Repealed or reserved.]
Repealed. Laws 2002, LB 722, § 9.
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[Repealed or reserved.]
Neb. Rev. Stat. § 55-164 Military leave of absence; damages for noncompliance.
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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 prop…
Neb. Rev. Stat. § 55-165 Military leave of absence; violation; penalty.
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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.
Neb. Rev. Stat. § 55-166 National Guard; armed forces of United States; member; discharge by employer; violation; penalty.
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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 …
Neb. Rev. Stat. § 55-167 Member of military forces; active service; exempt from arrest on civil process.
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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 act…
Neb. Rev. Stat. § 55-168 Militia; active service; civil and criminal liability; immunity.
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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.
Neb. Rev. Stat. § 55-169 Militia; action or proceeding against member on active service; bond; conditions.
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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…
Neb. Rev. Stat. § 55-170 Militia; action or proceeding against member on active service; change of venue.
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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 distr…
Neb. Rev. Stat. § 55-171 Militia; action or proceeding against member on active service; legal counsel; expense.
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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 expen…
Neb. Rev. Stat. § 55-172 Militia; action or proceeding against member on active service; service of copy on Adjutant General; procedure.
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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…
Neb. Rev. Stat. § 55-173 National Guard; Nebraska State Guard; labor service; jury service; exemptions.
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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.
Neb. Rev. Stat. § 55-174 National Guard; fire department or district membership or service; effect on duty.
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No member of the Nebraska National Guard shall be exempt or relieved from duty by membership or service in any fire department or district.
Neb. Rev. Stat. § 55-175 National Guard; members in uniform; failure to admit or serve; penalty.
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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 o…
Transferred to section 28-1481.
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[Repealed or reserved.]
Transferred to section 28-1482.
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[Repealed or reserved.]
Neb. Rev. Stat. § 55-178 National Guard; payrolls; certification; transmission.
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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 pa…
Neb. Rev. Stat. § 55-179 National Guard; vouchers; payrolls; payment; warrants.
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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.
Neb. Rev. Stat. § 55-180 National Guard; encampment; commanding officer; powers; duties.
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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…
Neb. Rev. Stat. § 55-181 Department; contract with Nebraska Wing of Civil Air Patrol; purposes; funding agreement.
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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 …
Neb. Rev. Stat. § 55-182 Nebraska National Guard; rights.
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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 do…
Neb. Rev. Stat. § 55-183 National Guard; state-sponsored life insurance program; Adjutant General; powers and duties.
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(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, …
Neb. Rev. Stat. § 55-201 Nebraska State Guard; when called into service; organization.
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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 ma…
Neb. Rev. Stat. § 55-202 Rules and regulations; acceptance of gratuities; conditions.
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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 an…
Neb. Rev. Stat. § 55-203 Commissions; enlistments; qualifications.
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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.
Neb. Rev. Stat. § 55-204 Commissions; conviction of felony; effect; fingerprints.
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No one may be appointed as an officer who has been convicted of a felony. Fingerprints of all officers shall be taken.
Neb. Rev. Stat. § 55-205 Enlistment; term; oath.
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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…
Neb. Rev. Stat. § 55-206 Officers; oath.
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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.
Neb. Rev. Stat. § 55-207 Members; compensation.
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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 co…