(8) Assist in prevention of disasters caused or aggravated by inadequate planning for
and regulation of public and private facilities and land use; and
(9) Provide for the funding of activities incidental to carrying out the purposes of
sections 81-829.36 to 81-829.68.
Source: Laws 1951, c. 315, sec. 2(1), p.1074; R.R.S.1943, sec. 81-829.06; Laws 1973, LB
494, sec. 2.
81-82938. Nebraska Disaster and Civil Defense Act; purpose. Nothing in sections 81-
829.36 to 81-829.68 shall be construed to:
(1) Interfere with the course or conduct of labor dispute, except that actions otherwise
authorized by sections 81-829.36 to 81-829.68 or other laws may be taken when necessary
to forestall or mitigate imminent or existing danger to public health or safety;
(2) Interfere with dissemination of news or comment on public affairs, but any com-
munications facility or organization, including but not limited to radio and television
stations, wire services, and newspapers, may be required to transmit or print public
service messages furnishing information or instructions in connection with a disaster
emergency;
(3) Affect the jurisdiction or responsibilities of police forces, fire fighting forces, units of
the armed forces of the United States, or of any personnel thereof, when on active duty,
but state, local, and interjurisdictional disaster emergency plans shall place reliance upon
the forces available for performance of functions related to disaster emergencies; or
(4) Limit, modify, or abridge the authority of the Governor to proclaim martial law or
exercise any other powers vested in him under the Constitution, statutes, or common law
of this state independent of, or in conjunction with, any provisions of sections 81-829.36 to
81-829.68.
Source: Laws 1951, c. 31S, sec. 2(2), p. 1074; R.R.S. 1943, sec. 81-829.07; Laws 1973, LB
494, sec. 3.
81-829.39. Terms, defined. As used in sections 81-829.36 to 81-829.68 unless the context
otherwise required:
(1) Civil Defense shall mean the preparation for and the carrying out of all emergency
functions, other than functions for which military forces are primarily responsible, to
prevent, minimize, and repair injury and damage resulting from disasters caused by
enemy attack, sabotage or other hostile action; or by fire, flood, earthquake, or other
natural causes. These functions include, without limitation, fire fighting services, police
services, medical and health services, rescue, engineering, air raid warning services,
communications, radiological, chemical and other special weapons defense, evacuation of
persons from stricken area, emergency welfare services, civilian war aid, emergency
transportation, existing or properly assigned functions of plant protection, temporary
restoration of public-utility services, and other functions related to civilian protection,
together with all other activities necessary or incidental to the preparation for and carry-
ing out of the foregoing functions.
(2) Civil defense emergency shall mean 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 therefore
requires the invocation of the emergency authority provided for by federal law. Such
emergency also shall exist in the event of an enemy attack or other hostile action within
the State of Nebraska, or when the President determines 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 by resolution of the Legislature,
terminating such emergency.
(3) Disaster shall mean occurrence or imminent threat of widespread or severe dam-
age, injury, or loss of life or property resulting from any natural or man-made cause,
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