as are necessary or appropriate in coping with disasters;
(l) Cooperate with the federal government and any public or private agency or entity in
achieving any purpose of sections 81-829.36 to 81-829.68 and in implementing programs
for disaster prevention, preparation, response, and recovery; and
(m) Do other things necessary, incidental, or appropriate for the implementation of
sections 81-829.36 to 81-829.68.
Source: Laws 1973, LB 494, sec. 6.
81-829.42. Governor's Emergency Fund; established; use.
(1) While annual appropriations are adequate to meet the normal needs, the Legisla-
ture recognizes the necessity for anticipating and making advance provision to care for
the unusual and extraordinary burdens imposed on the state and its political subdivisions
by disasters or a civil defense emergency as defined in section 81-829.39. To meet such
situations, it is the intention of the Legislature to confer emergency powers on the Gover-
nor, acting through the Adjutant General and the state Civil Defense Agency, and vesting
him with adequate power and authority within the limitation of available funds in the
Governor 's Emergency Funds to meet any such emergency or disaster.
(2) There is hereby established a fund to be known as the Governor's Emergency Fund.
It shall be expended, upon direction of the Governor, for any state of emergency. The
emergency declaration shall set forth the emergency and shall state that it requires the
expenditure of public funds to furnish immediate aid and relief. The Adjutant General
shall administer such fund. Any money in the fund available for investment shall be
invested by the state investment officer pursuant to the provisions of sections 72-1237 to
71-1259.
(3) It is the legislative intent that the first recourse shall be to funds regularly appropri-
ated to state and local agencies. If the Governor finds that the demands placed upon these
funds are unreasonably great, he/she may make funds available from the Governor 's
Emergency Fund. Expenditures may be made upon direction of the Governor for any or
all of the civil defense functions as defined in section 81-829.39, or to meet the intent of the
state disaster plans as outlined in section 81-829.41. Expenditures may also be made to
state and federal agencies to meet the matching requirement of any applicable assistance
programs.
(4) Assistance shall be provided from the Governor's Emergency Fund to political
subdivisions of this state which have suffered from a disaster to such an extent as to
impose a severe financial burden exceeding the ordinary capacity of the subdivision
affected. Applications for aid under this section shall be made to the state Civil Defense
Agency on such forms as shall be prescribed and furnished by the agency and which shall
require the furnishing of sufficient information to determine eligibility for aid and the
extent of the financial burden incurred. The agency may call upon other agencies of the
state in evaluating such applications. The Adjutant General shall review each application
for aid under the provisions of this section and recommend its approval or disapproval, in
whole or in part, to the Governor. If the Governor approves, he/she shall determine and
certify to the Adjutant General the amount of aid to be furnished. The Adjutant General
shall thereupon issue his voucher to the Director of Administrative Services, who shall
issue his warrants therefor to the applicant.
(5) When a disaster emergency has been proclaimed by the Governor, or in the event of
a civil defense emergency, the Adjutant General, upon order of the Governor, shall have
authority to expend funds to meet but not be limited to the following situations:
(a) The purposes of sections 81-829.36 to 81-829.68 to include civil defense functions as
defined in section 81-829.39, and the responsibilities of the Governor and the state Civil
Defense Agency as outlined in sections 81-829.40 and 81-829.41;
(b) Employing for the duration of the emergency additional personnel and contracting
or otherwise procuring all necessary appliances, supplies and equipment;
(c) Performing services for and furnishing materials and supplies to state government
69
Previous Page
