including but not limited to fire, earthquake, wind, storm, wave action, oil spill, or other
water contamination requiring emergency action to avert danger or damage, volcanic
activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, civil
disturbance, or hostile military or paramilitary action.
(4) Mobile support unit shall mean an organization for civil defense established in
accordance with the provisions of sections 81-829.52 by state or local authority to be
dispatched by the Governor to supplement local organizations for civil defense in a
(5) Local government shall mean counties, villages, and cities of all classes.
(6) Civil defense worker shall include any full-time or part-time paid, volunteer, or
auxiliary employee of this state or other states, territories, possessions, or the District of
Columbia, of the federal government or any neighboring country, or of any political
subdivision thereof, or of any agency or organization performing civil defense 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 shall also include instructors
and students in recognized educational programs where civil defense services are taught.
A recognized educational program where civil defense services are taught. A recognized
educational program shall include programs in educational institutions duly existing
under the laws of this state and such other educational programs as shall be established
by the state Civil Defense Agency or otherwise under the provisions of sections 81-829.36
Source: Laws 1951, c. 315, sec. 3, p. 1074; R.R.S. 1943, sec. 81-829.08; Laws 1973, LB
494, sec. 4.
81-829.40. Disaster and Civil Defense Agency; Governor; control.
(1) The Governor shall be responsible for meeting the dangers to the state and people
presented by disasters, and in the event of disaster beyond local control, he/she may
assume direct operational control over all or any part of the civil defense functions within
this state. He/she shall have general direction and control of the disaster response and the
state Civil Defense Agency and shall be responsible for carrying out the provisions of
sections 81-829.36 to 81-829.68.
(2) In order to effect the policy and purposes of sections 81-829.36 to 81-829.68, the
Governor may issue proclamations and make, amend, and rescind the necessary orders,
rules, and regulations to carry out the provisions of sections 81-829.36 to 81-829.68.
(3) A disaster emergency shall be declared by proclamation of the Governor if he/she
finds that a disaster has occurred or that the occurrence or threat thereof is imminent. The
state of disaster emergency shall continue until the Governor finds that the threat or
danger has passed or the disaster has been dealt with to the extent that emergency
conditions no longer exist and terminates the state of disaster emergency by proclama-
tion, but no state of disaster emergency may continue for longer than thirty days unless
renewed by the Governor. The Legislature by resolution may terminate a state of disaster
emergency at any time, whereupon the Governor shall issue a proclamation ending the
state of disaster emergency. All proclamations issued under this subsection shall indicate
the nature of the disaster, the area or areas threatened, and the conditions which have
brought it about or which make possible the termination of the state of disaster emergen-
cy. All proclamations shall be disseminated promptly by means calculated to bring its
contents to the attention of the general public and, unless the circumstances attendant
upon the disaster prevent or impede, shall be promptly filed with the state Civil Defense
Agency, the Secretary of State, and the clerks of the local governments in the area to which
(4) Proclamation of a state of disaster emergency shall activate the disaster response
and recovery aspects of the state, local, and interjurisdictional disaster and civil defense
plans applicable to the political subdivision or area in question and be the authority for
the deployment and use of any forces to which the plan or plans apply and for use or