distribution of any supplies, equipment, and materials and facilities assembled, stock-
piled, or arranged to be made available pursuant to sections 81-829.36 to 81-829.68 or any
other provision of law relating to disaster emergencies.
(5) During the continuance of any state of disaster emergency the Governor shall be
commander-in-chief of the organized and unorganized militia and of all other forces
available for emergency duty. To the greatest extent practicable, the Governor shall dele-
gate or assign command authority by prior arrangement embodied in appropriate procla-
mations, orders, rules, and regulations, but nothing shall restrict his/her authority to do
so by orders issued at the time of the disaster emergency.
(6) In addition to any other powers conferred upon the Governor by law, he/she may:
(a) Suspend the provisions of any regulatory statute prescribing the procedures for
conduct of state business, or the orders, rules, or regulations of any state agency, if strict
compliance with the provisions of any statute, order, rule, or regulation would in any way
prevent, hinder, or delay necessary action in coping with the emergency;
(b) Utilize all available resources of the state government and of each political subdivi-
sion of the state as are reasonably necessary to cope with the disaster emergency;
(c) Transfer the direction, personnel, or functions of state departments and agencies or
units thereof for the purpose of performing or facilitating disaster response;
(d) Subject to any applicable requirements for compensation under section 81-829.57,
commandeer or utilize any private property if he/she finds this necessary to cope with the
disaster emergency;
(e) Direct and compel the evacuation of all or part of the population from any stricken
or threatened area within the state if he deems this action necessary for the preservation of
life or other disaster mitigation, response, or recovery
(f) Prescribe routes, modes of transportation, and destinations in connection with
evacuation;
(g) Control ingress and egress to and from a disaster area, the movement of persons
within the area, and the occupancy of premises therein;
(h) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages,
(i) Make provisions for the availability and use of temporary emergency housing.
(7) In the event of a civil defense emergency, as defined in section 81-829.39, the
Governor shall assume direct operational control overall or any part of the civil defense
functions within this state.
Source: Laws 1951, c. 315, sec. 4(1), p. 1076; R.R.S. 1943, sec. 81-829.09; Laws 1973, LB
494, sec. 5.
81-829.41. Civil Defense Agency; Adjutant General; act; administer.
(1) The state Civil Defense Agency shall be maintained in the office of the Adjutant
General. The Adjutant General shall administer the provisions of sections 81-829.36 to 81-
829.68, subject to the direction and control of the Governor, and shall receive such com-
pensation for these services as shall be determined by the Governor. The agency shall
have an assistant director and such other professional, technical, secretarial, and clerical
employees as are necessary for the performance of its functions.
(2) The agency shall maintain a state disaster plan and keep it current, which plan may
include:
(a) A history of Nebraska disasters;
(b) An analysis of past and potential disasters, including an identification of the func-
tions and resources required to cope with such disasters. The expected frequency of
occurrence of disasters, along with the severity of their effect, shall indicate the priority of
preparedness efforts of the disaster agencies of the state;
(c) Measures to be undertaken to accomplish disaster damage assessment and situation
analysis, warning, direction and control, coordination of operating forces, emergency
resource management, emergency information and official instructions, communications
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