81-829.50. Local disaster emergency; declared; principal executive officer of a politi-
cal subdivision; effect; interjurisdictional agency; disaster emergency; when.
(1) A local disaster emergency may be declared only by the principal executive officer
of a political subdivision. It shall not be continued or renewed for a period in excess of
seven days except by or with the consent of the governing board of the political subdivi-
sion. Any order or proclamation declaring, continuing, or terminating a local disaster
emergency shall be given prompt and general publicity and shall be filed promptly with
the clerk of the local government and the state Civil Defense Agency.
(2) The effect of a declaration of a local disaster emergency shall be to activate the
response and recovery aspects of any and all applicable local or interjurisdictional disas-
ter or civil defense plans and to authorize the furnishing of aid and assistance thereunder.
(3) No interjurisdictional agency or official thereof may declare a local disaster emer-
gency unless expressly authorized by the agreement pursuant to which the agency func-
tions, but an interjurisdictional disaster or civil defense agency or organization shall
provide aid and services in accordance with the agreement and disaster or civil defense
plan pursuant to which it functions.
Source: Laws 1973, LB 494, sec. 15.
81-829.51. Civil defense; emergency; political subdivision; emergency expenditures;
election; when. In the event of a civil defense emergency, as defined in section 81-429.39,
each local government may make emergency expenditures, enter into contracts, and incur
obligations for civil defense purposes regardless of existing statutory limitations and
requirements pertaining to appropriation, budgeting, levies, or the manner of entering
into contracts; Provided, that in the event that any such expenditure, contract, or obliga-
tion will be in excess of or in violation of existing statutory limitations or requirements,
then before any such expenditure, contract, or obligation is undertaken it shall be ap-
proved by a vote of the governing body of such county, city, or village, as the case may be;
provided further, that such governing body may not vote its approval unless and until
they shall have secured the certificate of the local or interjurisdictional civil defense
director serving his government that such action is necessary in the public interest for civil
defense purposes.
Source: Laws 1951, c. 315, sec. 10(2), p. 1081; R.R.S.1943, sec. 81-829.23; Laws 1973,
LB 612, sec. 16.
81-829.52. Civil defense; mobile support rules; Governor; establish; commander of
unit; appointment; duties. The Governor or his/her duly designated representative is
authorized to establish such number of mobile support units as may be necessary to
reinforce disaster and civil defense organizations in stricken areas and with due consider-
ation of the plans of the federal government and of other states. He/ she shall appoint a
commander for each such unit who shall have primary responsibility for the organization,
administration and operation of such battalion. The commander shall keep and maintain
a roster of members of said mobile support units, and only such persons whose names
appear on said roster shall be deemed members of such mobile support units and entitled
to the benefits provided by sections 81-829.53, and no political subdivision shall be enti-
tled to reimbursement as provided in section 81-829.54 unless the individual on whose
behalf reimbursement is sought was duly enrolled on the roster as provided herein at the
time the obligation was incurred. Mobile support units shall be called to duty upon orders
of the Governor and shall perform their functions in any part of the state, or, upon the
conditions specified in mutual aid plans and agreements, in accordance with the Inter-
state Civil Defense and Disaster Compact, and in this section, in other states.
Source: L a w s 1 9 5 1 , c . 3 1 5 , s e c . 6 ( 1 ) , p . 1 0 7 7 ; R . R . S . 1 9 4 3 , s e c . 8 1 - 8 2 9 . 1 3 ;
Laws 1973, LB 494, sec. 17.
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