LB 1256

LB1256  LB1256
2026  2026
              ENGROSSED LEGISLATIVE BILL 1256
Introduced by Cavanaugh, J., 9.
A BILL FOR AN ACT relating to the Emergency Management Act; to amend section
      81-829.39, Reissue Revised Statutes of Nebraska; to redefine a term; and
      to repeal the original section.
Be it enacted by the people of the State of Nebraska,
      Section 1. Section 81-829.39, Reissue Revised Statutes of Nebraska, is
amended to read:
      81-829.39 For purposes of the Emergency Management Act, unless the context
otherwise requires:
      (1) Civil defense emergency means an emergency declared by the President
of the United States or Congress pursuant to applicable federal law finding
that an attack upon the United States has occurred or is anticipated and that
the national safety therefor requires the invocation of the emergency authority
provided for by federal law. Civil defense emergency also means an enemy attack
or other hostile action within the State of Nebraska or a determination by the
President of the United States that any attack has been made upon or is
anticipated within a designated geographic area which includes all or a part of
the   State   of   Nebraska.        Any   such    emergency    shall   terminate    in   the    manner
provided by federal law or by proclamation of the Governor or resolution of the
Legislature terminating such emergency;
      (2)   Disaster    means       any   event    or   the   imminent   threat    thereof     causing
widespread or severe damage, injury, or loss of life or property resulting from
any natural or manmade cause;
      (3) Emergency means any event or the imminent threat thereof causing
serious damage, injury, or loss of life or property resulting from any natural
or manmade cause which, in the determination of the Governor or the principal
executive     officer   of      a    local   government,       requires    immediate     action     to
accomplish the purposes of the Emergency Management Act and to effectively
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respond to the event or threat of the event;
       (4) Emergency management means the preparation for and the carrying out of
all emergency functions, other than functions for which military forces are
primarily responsible, to mitigate, prevent, minimize, respond to, and recover
from injury and damage resulting from disasters, emergencies, or civil defense
emergencies. Emergency management functions include, but need not be limited
to, firefighting services, police services, medical and health services, search
and rescue services, engineering services, communications and warning systems,
radiological preparedness, hazardous materials response, evacuation of persons
from    stricken    areas,     emergency   welfare     services,    emergency     transportation
services, restoration of public utility services, snow and ice removal, flood
management, and other functions related to civilian protection, together with
all    other   activities      necessary   or   incidental   to     the    preparation    for    and
carrying out of the functions listed in this subdivision;
       (5) Emergency management worker includes any full-time or part-time paid,
volunteer, or auxiliary employee of this state or other states, territories, or
possessions of the federal government or any neighboring country or of any
political subdivision thereof, of the District of Columbia, or of any agency or
organization performing emergency management services at any place in this
state subject to the order or control of or pursuant to a request of the state
government or any political subdivision thereof and also includes instructors
and    students    in   emergency   management    educational      programs    approved    by    the
Nebraska Emergency Management Agency or otherwise under the provisions of the
Emergency Management Act;
       (6) Hazard mitigation means measures which will eliminate or reduce the
potential for damage to an area or facility from the effects of a future
disaster, emergency, or civil defense emergency;
       (7) Local government means a county, village, or city of any class;
       (8) Political subdivision means a city, village, county, school district,
public    power    district,    natural    resources    district,    and    any   other   unit    of
government below the state level, including any entity created pursuant to the
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Interlocal Cooperation Act or the Joint Public Agency Act;
     (9) Principal executive officer means the mayor in a city of any class or
the elected chairperson of the governing body of a village or county;
     (10) State emergency response team means an organization for emergency
management established in accordance with the provisions of sections 81-829.52
to   81-829.54   by   state   authority   to   supplement   city,   village,   county,   or
interjurisdictional emergency management organizations in a stricken area; and
     (11) Technological hazard means a hazard emanating from the manufacture,
transportation, and use of such substances as radioactive materials, chemicals,
explosives, flammables, agricultural pesticides, herbicides, disease agents,
oil spills, and debris from space.
     Sec. 2.     Original section 81-829.39, Reissue Revised Statutes of Nebraska,
is repealed.
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                                                                                         PRESIDENT OF THE LEGISLATURE
            THIS IS TO CERTIFY that the within LB 1256 was passed by the One Hundred Ninth
Legislature of Nebraska at its Second Session on the ........................................................ day
of ................................................................... 20.............
                                                                                          CLERK OF THE LEGISLATURE
                                                                     Approved:
          .......................................................................... 20.........., ................. o'clock ...............M.
                                                                                                      GOVERNOR