Nebraska Emergency Management and Homeland Security Authorities Summarized

Nebraska Emergency Management and Homeland Security Authorities Summarized

Order Code RS21789
March 30, 2004
CRS Report for Congress
Received through the CRS Web
Nebraska Emergency Management and
Homeland Security Authorities Summarized
Keith Bea and Sula P. Richardson
Government and Finance Division
L. Cheryl Runyon and Kae M. Warnock
Consultants
Government and Finance Division
Summary
The Nebraska Emergency Management Act delegates powers to the governor,
creates the emergency management agency and local emergency management agencies,
outlines disaster mitigation and provides for mutual aid agreements. Assistance and
funding emanate primarily from federal aid and the Governor’s Emergency Cash Fund.
State and political subdivisions may enter into mutual aid agreements. The statute
provides for participation in the Interstate Civil Defense and Disaster Compact.
Constitutional authority gives the legislature power to provide for succession to public
offices and to convene with or without a call by the governor. The legislature may select
temporary seats of government for state and local governments.
This report is one of a series that profiles emergency management and homeland
security statutory authorities of the 50 states, the District of Columbia, the
Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico,
American Samoa, Guam, and the U.S. Virgin Islands. Each profile identifies the more
significant elements of state statutes, generally as codified. Congressional readers may
wish to conduct further searches for related provisions using the Internet link presented
in the last section of this report. The National Conference of State Legislatures provided
primary research assistance in the development of these profiles under contract to the
Congressional Research Service (CRS). Summary information on all of the profiles is
presented in CRS Report RL32287. This report will be updated as developments
warrant.
Congressional Research Service ˜ The Library of Congress

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Entities with Key Responsibilities
Governor: During an emergency, the governor may direct the assumption of control
over all or part of the state communications system (Neb. Rev. Stat. §81-1120.25). The
governor may assume direct control over emergency management functions within the
state, and is responsible for carrying out all provisions of the Emergency Management
Act. The governor may suspend provisions of any statute or order if strict compliance
would negatively affect action in managing a disaster or emergency and may use state
resources, commandeer private property, compel evacuation or control movement of
population in a strickened or threatened area (Neb. Rev. Stat. §81-829.40).
Nebraska Emergency Management Agency: The agency, established in the office
of the adjutant general (Neb. Rev. Stat. §81-829.31), prepares and maintains the state
disaster plan, which may include provisions for: mitigation, response, emergency relief,
areas of vulnerability, recommendations for preventive and preparedness measures,
guidance to state and local officials, organization of manpower and chains of command,
and coordination of federal, state, and local emergency management activities. The
adjutant general serves as director of the agency (Neb. Rev. Stat. §81-829.41).
Political Subdivisions: Local governments operate within the jurisdiction of the
Nebraska Emergency Management Agency and participate in city, village, county, or
interjurisdictional emergency management organizations. The statute specifies
responsibilities of the director, and allows emergency management organizations to share
a director. The governor is to determine which cities need individual emergency
management organizations, and may require contiguous local governments to maintain
a joint organization (Neb. Rev. Stat. §81-829.46-47). Local governments have the power
to make appropriations for the payment of expenses of emergency management
organizations (Neb. Rev. Stat. §81-829.49).
Emergency Response Commission: The statute established the State Emergency
Response Commission and specifies membership and term provisions. The commission
implements provisions of the federal Emergency Planning and Community Right-to-
Know Act of 1986 (42 U.S.C. 11001 et seq.); designates local planning districts; oversees
state emergency planning activities; implements interagency agreements; and monitors
the notification system regarding the release of extremely hazardous substances (Neb.
Rev. Stat. §81-15,210 to 222).
Preparedness
Emergency Management Act: The statute provides for an emergency management
system that embodies all aspects of preparedness, response, recovery, and mitigation, and
reduces vulnerability to damage resulting from natural, technological or manmade
disasters or emergencies, civil disturbances, or hostile military or paramilitary action. The
statute also clarifies the roles of the governor, state agencies, and local governments in
mitigation, preparation, response and recovery (Neb. Rev. Stat. § 81-829.36 to 81-
829.75). The statute also authorizes cities or villages to send designees to attend any fire
training school within the state approved by the State Fire Marshal and the Nebraska
Emergency Management Agency (Neb. Rev. Stat. §18-1714).

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Declaration Procedures
The governor may declare a disaster or emergency. The governor, or the legislature,
by resolution, may terminate the declaration at any time. A gubernatorial declaration
activates state and local operational plans and authorizes the deployment and use of any
forces, supplies and equipment (Neb. Rev. Stat. §81-829.40).
Types of Assistance
The governor is authorized to establish temporary housing for disaster victims and
assist local governments to acquire sites for such temporary housing, and may temporarily
suspend or modify any public health, safety, zoning, transportation, or other requirement
of law when essential to provide temporary housing for victims for a period of not
exceeding 60 days (Neb. Rev. Stat. §81-829.69).
If a unit of local government certifies the need for redevelopment or rehabilitation
due to flood, fire, hurricane, earthquake, storm, or other catastrophe, a redevelopment plan
may be implemented without adhering to standard redevelopment law (Neb. Rev. Stat.
§18-2105).
The statute authorizes local governments to acquire, temporarily or permanently,
sites for temporary housing units for disaster, emergency, or civil defense emergency
victims (Neb. Rev. Stat. §81-829.70).
During a declared disaster, the governor is authorized to apply to the federal
government for aid on behalf of a local government upon demonstrated need for financial
assistance. The governor may recommend the cancellation of all or any part of repayment
when a unit of local government is unable to meet operating expenses (Neb. Rev. Stat.
§81-829.71).
The governor is authorized to accept a grant by the federal government to provide
financial assistance essential to individuals or families adversely affected by a disaster,
emergency, or civil defense emergency (Neb. Rev. Stat. §81-829.72).
Mutual Aid
Counties, cities and other political subdivisions are encouraged to enter into mutual
aid agreements with other public and private agencies. The governor may require an
interjurisdictional emergency management agreement if this would better serve the
affected areas (Neb. Rev. Stat. §81-829.47-48; 50).
The statute authorizes the state to join with other states in the Interstate Civil
Defense and Disaster Compact (Neb. Rev. Stat. §81-829.56).
Funding
The statute established the Governor’s Emergency Cash Fund to meet any disaster,
emergency, or civil defense emergency. The adjutant general is authorized to administer
the fund. Funds may be used for: matching requirements; assistance to political

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subdivisions that have suffered severe financial burdens; employment of temporary
additional personnel; procurement of necessary supplies and equipment; repair and
restoration of infrastructure; supplies; communications; medical services and supplies;
costs associated with riots and civil disturbances; training; clearance of debris and
wreckage; and aerial fire suppression ($10,000 limit) (Neb. Rev. Stat. §81-829.42). The
state or a political subdivision may accept services, supplies, or funds from the federal
government or others. All funds are to be credited to the Governor’s Emergency Cash
Fund (Neb. Rev. Stat. §81-829.58-59).
Local governments may make emergency expenditures, enter into contracts, and
incur obligations for emergency management purposes regardless of existing statutory
limitations. If the obligations exceed or violate existing statutory requirements, they must
be approved by the local governing board as specified (Neb. Rev. Stat. §81-829.51).
Local governments are authorized to make appropriations for the payment of
expenses of emergency management organizations (Neb. Rev. Stat. §81-829.49).
Hazard Mitigation
State agencies with responsibilities for specified policy areas (floodplain
management, stream encroachment and flow regulation, fire prevention and control, air
quality, public works, land use and land use planning, and construction standards) must
make studies of prevention-related matters. The governor is to make recommendations
for mitigation measures, and may place a new standard or control in effect when
necessary. The governor’s action is subject to judicial review (Neb. Rev. Stat. §81-
829.43).
Continuity of Government Operations
During an emergency, the legislature is authorized to suspend provisions of the state
constitution or general law relating to: the length and purposes of legislative sessions;
quorum and voting requirements; the location of governmental business; and calling of
legislative sessions. The legislature may convene into general or extraordinary session,
upon or without a call by the governor, during or after a war or enemy-caused disaster
occurring in the United States. The legislature may provide for prompt and temporary
succession to powers and duties of all public offices, and for selection of a temporary state
seat of government and temporary seats of government for political subdivisions. The
constitution directs the selection, reproduction, preservation, and dispersal of public
records necessary to the continuity of governmental operations in the event of enemy
attack or imminent threat (Neb. Constitution, CIII-29).
Nebraska General Emergency Succession Act: The statute authorizes political
subdivisions to utilize the act when deemed appropriate. Each obligated officer must
appoint alternates to the powers and duties of his or her office, and must specify their
order of succession. Alternates must be qualified to hold the office and take the same
oath of office. The statute prohibits persons regularly serving as judges of a court of
record from accepting appointments as alternates to another office. Every alternate must
keep generally informed as to the powers, functions, duties, procedures, practices, and
current business of the officer to whose powers and duties he or she is designated to

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succeed, and all officers shall assist their alternates in keeping themselves so informed.
The statute provides for a line of succession for officers following an attack. Acting
officers must continue to serve until the expiration of the term, unless the officer or a
qualified successor becomes available. A higher-ranking alternate who was a deputy in
the same office, and who later becomes available, shall become the acting officer.
Alternates are not authorized to serve until an attack upon the United States actually has
occurred, and their authority terminates two years after the inception of the attack. The
governor, by proclamation, or the legislature, by resolution approved by the governor,
may terminate the authority of alternates at any time and may extend or restore authority,
provided that no single extension or restoration be for more than one year (Neb. Rev. Stat.
§84-1101 to 1116).
Other
Volunteer Emergency Responders Recruitment and Retention Act provides benefits,
protections, and specifications related to fire and emergency volunteers (Neb. Rev. Stat.
§35-1301 to 35-1330).
Political activities of emergency management agencies or employees are generally
prohibited (Neb. Rev. Stat. §81-829.61).
Prohibits emergency management personnel from advocating subversive activities
against the government (Neb. Rev. Stat. §81-829.62).
The statute grants immunity from civil liability for licensors of shelter space during
an actual, impending, mock or practice attack or disaster (Neb. Rev. Stat. §81-829.66).
Employees of the Department of Health and Human Services, State Patrol, State Fire
Marshal, and the Nebraska Emergency Management Agency must participate in stress
management planning as part of emergency management preparedness (Neb. Rev. Stat.
§71-7108).
Key Terms
Table 1. Key Emergency Management and Homeland Security
Terms Defined in Nebraska Statutes, with Citations
Terms
Citations
Active emergency responder
Neb. Rev. Stat. §35-1303
Active rescue squad member
Neb. Rev. Stat. §35-1303
Civil defense emergency
Neb. Rev. Stat. §81-829.39
Disaster
Neb. Rev. Stat. §81-829.39
Emergency
Neb. Rev. Stat. §81-829.39
Emergency management
Neb. Rev. Stat. §81-829.39

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Terms
Citations
Emergency management worker
Neb. Rev. Stat. §81-829.39
Emergency response services
Neb. Rev. Stat. §35-1303
Hazard mitigation
Neb. Rev. Stat. §81-829.39
State emergency response team
Neb. Rev. Stat. §81-829.39
State emergency response teams established
Neb. Rev. Stat. §81-829.52
Technological hazard
Neb. Rev. Stat. §81-829.39
For Further Research
The citations noted above and other elements of the state code for Nebraska may be
searched at: [http://www.unicam.state.ne.us/laws/index.htm].