55-101. Military code; how cited.

Sections 55-101 to 55-181 shall be known and may be cited as the Military Code.

Source:Laws 1929, c. 189, § 1, p. 657; C.S.1929, § 55-105; R.S.1943, § 55-101; Laws 1961, c. 272, § 1, p. 806; Laws 1969, c. 459, § 1, p. 1581; Laws 1971, LB 19, § 1; Laws 1991, LB 313, § 1; Laws 2003, LB 69, § 2;    Laws 2010, LB550, § 1.    


55-102. Military code; contents.

All acts of the Congress of the United States providing for the administration, control, equipment, government, and organization of the armed forces of the United States, together with the rules and regulations promulgated thereunder, now in effect and hereinafter enacted or promulgated may, by appropriate rules and regulations, be adopted by the Governor for the operation and regulation of the military forces and militia of the state insofar as the same are not inconsistent with rights reserved to this state under the constitution of the state and provisions of this code.

Source:Laws 1929, c. 189, § 55, p. 673; C.S.1929, § 55-174; R.S.1943, § 55-102; Laws 1953, c. 188, § 1, p. 592.


Cross References

55-103. Military code; legislative intent.

The intent of this code is to conform to all constitutional acts and regulations of the United States affecting the same subjects, and all acts of the State of Nebraska shall be construed to effect this purpose.

Source:Laws 1929, c. 189, § 2, p. 657; C.S.1929, § 55-107; R.S.1943, § 55-103; Laws 1953, c. 188, § 2, p. 593.


Cross References

55-104. Military code; definitions.

As used in Chapter 55, article 1, unless the context otherwise requires:

(1) The term military forces shall mean the National Guard, also called the Nebraska National Guard and also hereinafter referred to as the Army National Guard and the Air National Guard, and in addition thereto the militia when called into active service of this state;

(2) The words active service of the state shall mean service on behalf of this state, in case of public disaster, war, riot, invasion, insurrection, resistance of process, or in case of imminent danger of the occurrence of any of such events, whenever called upon in aid of civil authorities, at encampments whether ordered by state or federal authority, at periods of drill and any other training or service required under state or federal law, regulations or orders, or upon any other duty requiring the entire time of the organization or person; Provided, that in no event will active service of the state include in the service of the United States, as defined in this section;

(3) The words in the service of the United States and not in the service of the United States shall mean and be the same as such terms are used in 10 U.S.C.; and

(4) For the purposes of this code, an act is in the line of duty if it is performed pursuant to competent orders or commonly accepted military practices, is not proximately caused by the member's intentional misconduct or gross neglect and occurs during a period of authorized duty or training.

Source:Laws 1929, c. 189, § 3, p. 657; C.S.1929, § 55-108; R.S.1943, § 55-104; Laws 1953, c. 188, § 3, p. 593; Laws 1969, c. 459, § 2, p. 1581.


Cross References

Annotations

55-105. Militia; classes, defined.

The militia of this state shall be divided into two classes, the active and the reserve militia. The active militia shall consist of the organized and uniformed military forces of the state, which shall be known as the Nebraska National Guard, which includes the Army National Guard and the Air National Guard. The reserve militia shall consist of all those liable to service in the militia, but not serving in the National Guard of this state.

Source:Laws 1909, c. 90, § 3, p. 365; R.S.1913, § 3902; C.S.1922, § 3300; C.S.1929, § 55-104; R.S.1943, § 55-107; Laws 1953, c. 188, § 5, p. 595; R.R.S.1943, § 55-107; Laws 1969, c. 459, § 3, p. 1582.


Annotations

55-106. Militia; persons subject to duty; exemptions.

All able-bodied citizens and able-bodied persons of foreign birth who have been admitted for permanent residence, who are more than seventeen and less than sixty years of age, and who are residents of this state shall constitute the militia, subject to the following exemptions: (1) Persons exempt by the laws of the United States; (2) members of any regularly organized fire or police department of any city or village and retired firefighters who have served their full term in any fire company; but no member of the active militia shall be relieved from duty by joining any such fire company or department; (3) judges, justices, and clerks of courts of record; registers of deeds; sheriffs; ministers of the gospel; officers and assistants of hospitals, prisons, and jails; and (4) persons with physical or mental disabilities, persons addicted to the use of narcotic drugs or alcohol, and persons convicted of treason and sedition. All such exempted persons, except those enumerated in subdivisions (1) and (4) of this section, shall be available for military duty in case of war, insurrection, invasion, disaster, or imminent danger thereof.

Source:Laws 1909, c. 90, § 1, p. 364; R.S.1913, § 3899; C.S.1922, § 3297; C.S.1929, § 55-101; R.S.1943, § 55-106; Laws 1953, c. 188, § 4, p. 594; R.R.S.1943, § 55-106; Laws 1969, c. 459, § 4, p. 1582; Laws 1974, LB 983, § 1; Laws 1986, LB 1177, § 25.


Cross References

55-107. National Guard Reserve.

An inactive National Guard may be organized and maintained under such rules and regulations as may be prescribed in accordance with the acts of the Congress of the United States.

Source:Laws 1929, c. 189, § 8, p. 659; C.S.1929, § 55-113; R.S.1943, § 55-111; Laws 1953, c. 188, § 8, p. 596; R.R.S.1943, § 55-111; Laws 1969, c. 459, § 5, p. 1583.


55-108. National Guard; organization; federal regulations.

The organization of the National Guard, including the composition of all units thereof, shall be such as is or may hereafter be prescribed for this state by the United States or by regulations of the Department of the Army and Department of the Air Force.

Source:Laws 1929, c. 189, § 6, p. 659; C.S.1929, § 55-111; R.S.1943, § 55-109; Laws 1953, c. 188, § 7, p. 595; R.R.S.1943, § 55-109; Laws 1969, c. 459, § 6, p. 1583.


55-109. National Guard; units; location.

The location of units, including headquarters, shall be fixed by the Governor on the recommendation of the Adjutant General.

Source:Laws 1929, c. 189, § 7, p. 659; C.S.1929, § 55-112; R.S.1943, § 55-110; Laws 1969, c. 459, § 7, p. 1583.


55-110. National Guard; uniform; arms; equipment.

The National Guard of Nebraska shall be uniformed, armed and equipped as provided by the laws or regulations of the United States. Such uniforms, arms and equipment shall be procured and issued by the proper officers as the needs of the service may require and shall be accounted for as the regulations may prescribe.

Source:Laws 1929, c. 189, § 17, p. 661; C.S.1929, § 55-122; R.S.1943, § 55-112; Laws 1969, c. 459, § 8, p. 1584.


55-111. National Guard; units; inspection.

Inspections of all units and equipment of the National Guard shall be made as required by United States law or regulation. The Adjutant General may make or order such additional inspections as he shall determine necessary.

Source:Laws 1929, c. 189, § 24, p. 663; C.S.1929, § 55-130; R.S.1943, § 55-113; Laws 1969, c. 459, § 9, p. 1584.


55-112. Military property; custody and care; violation; penalty.

All public property, except when in use in the performance of military duty, shall be kept in armories, or other properly designated places of deposit. It shall be unlawful for any person charged with the care and safety of such public property to allow the same out of his custody except as above specified, and any member of the Nebraska National Guard who shall fail to return any property of the state or the United States to the armory or other place of deposit, when notified by the commanding officer so to do, or who shall wear or use the property of the state or the United States, except under orders of an officer, shall be fined in any sum not exceeding fifty dollars, to be prosecuted and collected as in other cases of misdemeanor.

Source:Laws 1909, c. 90, § 34, p. 377; R.S.1913, § 3934; C.S.1922, § 3334; C.S.1929, § 55-161; R.S.1943, § 55-128; Laws 1969, c. 459, § 10, p. 1584.


Annotations

55-113. National Guard; drills; encampments; maneuvers.

Each organization shall assemble for drill and instruction, and participate in encampments, maneuvers and other exercises at such periods as may be prescribed by the Governor in accordance with the requirements of the laws or regulations of the United States.

Source:Laws 1929, c. 189, § 23, p. 663; C.S.1929, § 55-129; R.S.1943, § 55-153; Laws 1969, c. 459, § 11, p. 1584.


55-114. National Guard; annual encampment; attendance.

The Nebraska National Guard shall encamp for instruction not less than fifteen days annually at such time, place, or places as may be ordered by the Governor. No member of the Nebraska National Guard will be excused from attendance except upon an order of the Adjutant General.

Source:Laws 1909, c. 90, § 40, p. 379; R.S.1913, § 3940; C.S.1922, § 3340; C.S.1929, § 55-167; R.S.1943, § 55-154; Laws 1953, c. 188, § 24, p. 601; R.R.S.1943, § 55-154; Laws 1969, c. 459, § 12, p. 1585.


Annotations

55-115. Militia; commander in chief; powers.

The Governor, as commander in chief of the militia, may employ the militia or any part of it in the defense or relief of the state, or any part of its inhabitants or territories, and shall have all the powers necessary to carry into effect the provisions of this code.

Source:Laws 1909, c. 90, § 5, p. 366; R.S.1913, § 3904; C.S.1922, § 3302; C.S.1929, § 55-106; R.S.1943, § 55-105; Laws 1969, c. 459, § 13, p. 1585.


Cross References

55-116. Militia; state of insurrection; power of Governor to proclaim.

Whenever any portion of the militia is employed in aid of the civil authority, the Governor, if in his judgment the maintenance of law and order will thereby be promoted, may by proclamation declare the county or city in which the troops are serving, or any specified portion thereof, to be in a state of insurrection.

Source:Laws 1909, c. 90, § 17, p. 372; R.S.1913, § 3916; C.S.1922, § 3325; C.S.1929, § 55-152; R.S.1943, § 55-182; Laws 1969, c. 459, § 14, p. 1585.


Annotations

55-117. Militia; National Guard; induction into actual service; occasions.

The Nebraska National Guard shall be liable at all times to be ordered into active service, and shall be first called out by the Governor on all occasions for military service within the state, in time of war, invasions, riot, rebellion, insurrection, disaster, or reasonable apprehension thereof, or upon the requisition of the President of the United States. In case the National Guard is insufficient in number or is not available, the Governor may by proclamation order the enrollment for active service of such additional portion of the militia as he may deem necessary to meet the emergency or to comply with the requisition of the President of the United States, designating the same by draft, if a sufficient number shall not volunteer, and may organize the same in the manner herein provided for organizing the Nebraska National Guard. When so ordered out for service, the militia shall be subject to the same regulations and render the same service as required of the Nebraska National Guard, and receive the same compensation as that prescribed at the time of said service for the army of the United States. In any situation where the National Guard is ordered to duty for any of the purposes listed in this section it shall be the duty, the responsibility, and the obligation of the Governor through the Adjutant General to exercise such control as he deems essential for the purpose of quelling any riot, rebellion or insurrection, and for such purposes any local police authorities shall be subject to his control and direction.

Source:Laws 1909, c. 90, § 16, p. 371; R.S.1913, § 3915; C.S.1922, § 3324; C.S.1929, § 55-149; R.S.1943, § 55-180; Laws 1967, c. 615, § 1, p. 2063; R.R.S.1943, § 55-180; Laws 1969, c. 459, § 15, p. 1585; Laws 1974, LB 983, § 2.


Annotations

55-118. Militia; draft for service; apportionment.

In case of a draft, the Governor shall apportion it equitably among the several counties, taking care that the apportionment shall equitably be made among the several townships or precincts of the county, in such manner as he may prescribe. He shall in case of any such draft appoint a time and place of assembly, and shall have such other and further power as may be necessary to carry into effect the provisions of this code relative to any such draft.

Source:Laws 1909, c. 90, § 16, p. 371; R.S.1913, § 3915; C.S.1922, § 3324; C.S.1929, § 55-151; R.S.1943, § 55-181; Laws 1969, c. 459, § 16, p. 1586.


Cross References

55-119. Militia; rules and regulations.

The Governor, as commander in chief, is hereby authorized and empowered to make such rules and regulations and to promulgate all orders which he in his sole discretion shall determine desirable or necessary for the carrying into effect of the provisions of this code. When so promulgated by the Governor they shall have the same force and effect as the provisions of this code. The rules and regulations in force at the time of the passage of this code, and not inconsistent herewith, shall remain in force until new rules and regulations are approved and promulgated.

Source:Laws 1929, c. 189, § 54, p. 672; C.S.1929, § 55-173; R.S.1943, § 55-138; Laws 1953, c. 188, § 16, p. 598; R.R.S.1943, § 55-138; Laws 1969, c. 459, § 17, p. 1586.


Cross References

55-120. National Guard; Military Department; officers; personnel; rank.

The Military Department shall consist of the Adjutant General in the minimum grade of lieutenant colonel, one deputy adjutant general with a minimum grade of colonel, or a civilian deputy director, one assistant director for Nebraska Emergency Management Agency affairs, and such other officers and enlisted personnel in the number and grade as prescribed by the United States Department of the Army and Department of the Air Force personnel documents provided to the National Guard or as otherwise authorized.

Source:Laws 1917, c. 205, § 3, p. 483; Laws 1919, c. 121, § 1, p. 288; C.S.1922, § 3304; Laws 1929, c. 189, § 19, p. 661; C.S.1929, § 55-124; R.S.1943, § 55-139; Laws 1953, c. 188, § 17, p. 598; Laws 1963, c. 321, § 2, p. 975; R.R.S.1943, § 55-139; Laws 1969, c. 459, § 18, p. 1587; Laws 1974, LB 983, § 3; Laws 1996, LB 43, § 10; Laws 2010, LB550, § 2;    Laws 2014, LB806, § 1.    


Annotations

55-121. Adjutant General; qualifications; salary; sources for payment; performance of federal duties; effect.

The Adjutant General shall be appointed by the Governor from the active or retired commissioned officers of the National Guard of this state. Such Adjutant General shall be or have been a commissioned officer who has actively served in the National Guard of this state for at least five years, shall have attained at least the grade of lieutenant colonel, and shall be able to become eligible for promotion to general officer. If a retired officer is appointed, he or she shall not have been retired for more than two years at the time he or she is considered for appointment. He or she shall hold his or her office as provided in section 55-136. He or she shall receive for his or her services such salary as the Governor shall direct, payable biweekly, except that such salary shall not exceed the annual pay and allowances of regular military officers of equal rank. If funds made available by the federal government are in excess of the amount payable as directed by the Governor, the excess shall be used to reduce the amount required to be paid by the state. Due to the interrelated nature of the Adjutant General's state and federal duties, the Adjutant General shall not be required to take paid or unpaid leave or leaves of absence to perform his or her federal duties, whether or not under federal orders. The Adjutant General shall continue to receive his or her salary during all such periods. The Adjutant General shall only be required to take leave or leaves of absence during those times when he or she is absent and performing neither his or her state nor federal duties as Adjutant General. This section shall not apply if the Adjutant General is called to active duty of the United States under 10 U.S.C.

Source:Laws 1917, c. 205, § 4, p. 485; Laws 1919, c. 121, § 2, p. 290; Laws 1921, c. 234, § 1, p. 834; C.S.1922, § 3305; C.S.1929, § 55-125; R.S.1943, § 55-141; Laws 1947, c. 196, § 1, p. 639; Laws 1951, c. 182, § 1, p. 685; Laws 1961, c. 273, § 1, p. 807; Laws 1965, c. 341, § 2, p. 972; R.R.S.1943, § 55-141; Laws 1969, c. 459, § 19, p. 1587; Laws 1974, LB 983, § 4; Laws 2004, LB 963, § 1;    Laws 2010, LB550, § 3.    


55-122. Adjutant General; powers and duties.

The Adjutant General shall be in control of the military forces of the state and subordinate only to the Governor in matters pertaining to such forces. He shall issue and transmit all orders of the Governor with reference to the militia or military organization of the state, and shall keep a record of all officers commissioned by the Governor and all general and special regulations, and of all such matters as pertain to the organization of the state militia and Nebraska National Guard. He shall have charge of, and receive and issue all ordnance and ordnance stores, clothing, camp, and garrison equipment, and other public property pertaining to the militia or National Guard of the state, and shall provide transportation and subsistence, when necessary, under authority of the Governor. He shall audit all claims and accounts against the state except as otherwise provided by law. He shall have charge of and carefully preserve the colors, flags, guidons, and military trophies belonging to the state, and shall not allow the same to be loaned out or removed from their proper place of deposit. He shall furnish at the expense of the state all proper blank books, forms, and such military instruction books as shall be approved by the Governor.

Source:Laws 1917, c. 205, § 4, p. 484; Laws 1919, c. 121, § 2, p. 289; Laws 1921, c. 234, § 1, p. 832; C.S.1922, § 3305; C.S.1929, § 55-125; R.S.1943, § 55-140; Laws 1953, c. 188, § 18, p. 599; R.R.S.1943, § 55-140; Laws 1969, c. 459, § 20, p. 1587.


Cross References

Annotations

55-122.01. Adjutant General; military ceremonies and honors; duties; provide flag; when.

The Adjutant General shall conduct military ceremonies and honors in accordance with laws, regulations, or customs of the appropriate branch of the service. When an American flag is not provided by other sources, the Adjutant General shall provide an American flag for presentation during the funeral service honors ceremony for an active Nebraska National Guard member or for an honorably discharged Nebraska National Guard member who completed at least twenty years of service.

Source:Laws 1991, LB 313, § 2.


55-123. Adjutant General; disbursing officer; bond or insurance.

The Adjutant General shall be the disbursing officer, unless otherwise ordered by the Governor, for the allotment to be made by the Secretary of the Army and the Secretary of the Air Force under the provisions of the laws of the United States. He or she shall give such bonds to the United States as may be required by the Secretary of the Army and Secretary of the Air Force, respectively, for the faithful accounting and safekeeping and payment of public money coming into his or her hands or entrusted to him or her for disbursement. To satisfy state bonding requirements, the Adjutant General shall be bonded or insured as required by section 11-201.

Source:Laws 1917, c. 205, § 4, p. 485; Laws 1919, c. 121, § 2, p. 290; Laws 1921, c. 234, § 1, p. 834; C.S.1922, § 3305; C.S.1929, § 55-125; R.S.1943, § 55-142; Laws 1953, c. 188, § 19, p. 599; R.R.S.1943, § 55-142; Laws 1969, c. 459, § 21, p. 1588; Laws 1978, LB 653, § 15; Laws 2004, LB 884, § 27.    


55-124. Adjutant General; absence or entry into active service; acting Adjutant General; appointment; powers; compensation.

Whenever the Adjutant General shall be absent from the state on active service in the armed forces of the United States for more than thirty days, including attendance at service schools, his term of office shall not expire, and the Governor may appoint an acting Adjutant General for the period of such absence. The acting Adjutant General shall be chosen from among the officers or former officers of the active National Guard and shall have the same powers and duties as the Adjutant General. He shall be compensated for his services at the same rate provided by law for the pay of the Adjutant General, and during the period in office of such acting Adjutant General, the Adjutant General shall not be entitled to and shall not be paid any salary or other compensation by the state.

Source:Laws 1951, c. 181, § 1, p. 684; R.R.S.1943, § 55-141.01; Laws 1969, c. 459, § 22, p. 1588.


55-125. Adjutant General; assistants; qualifications.

(1) The Adjutant General shall appoint a deputy adjutant general or a civilian deputy director. An officer appointed as a deputy adjutant general shall hold the minimum grade of colonel as provided in section 55-120. No person shall be eligible for appointment and service as the deputy adjutant general unless he or she is an active member of the Nebraska National Guard. The deputy adjutant general shall have had at least four years of commissioned service in the Nebraska National Guard immediately prior to appointment and shall have attained at least the grade of lieutenant colonel and be eligible for promotion to colonel prior to his or her appointment as deputy adjutant general.

(2) The chief of the National Guard Bureau shall appoint a United States property and fiscal officer. The officer shall hold the minimum grade of colonel. The Governor shall nominate one or more officers for the position of United States property and fiscal officer after consultation with the Adjutant General. All nominees shall have attained at least the grade of lieutenant colonel and be eligible for promotion to colonel prior to his or her nomination. The United States property and fiscal officer may appoint, with the approval of the Adjutant General, one or more assistant United States property and fiscal officers, each with the minimum grade of captain. The United States property and fiscal officer and each assistant United States property and fiscal officer shall be appointed from among the active officers of the Nebraska National Guard and shall have been commissioned officers in the Nebraska National Guard for a period of at least four years immediately prior to appointment.

(3) The Adjutant General shall appoint all additional officers, clerks, and caretakers as may be required.

Source:Laws 1917, c. 205, § 4, p. 485; Laws 1919, c. 121, § 2, p. 290; Laws 1921, c. 234, § 1, p. 833; C.S.1922, § 3305; C.S.1929, § 55-125; R.S.1943, § 55-143; Laws 1953, c. 188, § 20, p. 600; Laws 1963, c. 321, § 3, p. 976; R.R.S.1943, § 55-143; Laws 1969, c. 459, § 23, p. 1589; Laws 1974, LB 983, § 5; Laws 1976, LB 614, § 1; Laws 2004, LB 963, § 2;    Laws 2010, LB550, § 4;    Laws 2014, LB806, § 2.    


55-126. Adjutant General; assistants; duties; bond or insurance; salary.

The deputy adjutant general or civilian deputy director shall aid the Adjutant General by the performance of such duties as may be assigned by the Adjutant General. In case of absence or inability of the Adjutant General, the deputy adjutant general or civilian deputy director shall perform all or such portion of the duties of the Adjutant General as the latter may expressly delegate to him or her. If the Adjutant General has appointed a civilian deputy director the Adjutant General may, in the event of the Adjutant General's absence, delegate the authority to perform the military duties of the Adjutant General to any active officer of the Nebraska National Guard who shall hold the minimum grade of colonel. In the case of absence of both the Adjutant General and the deputy adjutant general or civilian deputy director, the Adjutant General may delegate the authority to perform the military duties of the Adjutant General to any active officer of the Nebraska National Guard who shall hold the minimum grade of colonel and the Adjutant General may delegate the authority to perform state duties to any member of his or her appointed executive staff. The deputy adjutant general or civilian deputy director shall be bonded or insured as required by section 11-201. The deputy adjutant general or civilian deputy director shall receive such salary as the Adjutant General shall direct, payable biweekly. Such salary for the deputy adjutant general shall not exceed the annual pay and allowances of regular military officers of equal rank and time in service, except that when funds made available by the federal government are in excess of the amount payable as directed by the Adjutant General, the excess shall be used to reduce the amount required to be paid by the State of Nebraska. Except when called or ordered to active duty of the United States under 10 U.S.C. in support of missions authorized by the President of the United States or Secretary of Defense, the deputy adjutant general shall not be required to take either paid or unpaid leave, or a leave of absence or a reduction in salary, when performing his or her federal duties whether or not under federal orders.

Source:Laws 1917, c. 205, § 4, p. 486; Laws 1919, c. 121, § 2, p. 290; Laws 1921, c. 234, § 1, p. 834; C.S.1922, § 3305; C.S.1929, § 55-125; R.S.1943, § 55-144; Laws 1947, c. 196, § 2, p. 639; Laws 1951, c. 182, § 2, p. 685; Laws 1963, c. 321, § 4, p. 976; R.R.S.1943, § 55-144; Laws 1969, c. 459, § 24, p. 1589; Laws 1978, LB 653, § 16; Laws 1993, LB 170, § 1; Laws 2004, LB 884, § 28;    Laws 2004, LB 963, § 3;    Laws 2010, LB550, § 5;    Laws 2014, LB806, § 3.    


55-127. United States property and fiscal officer; duties; bond or insurance.

The United States property and fiscal officer shall perform such duties as may be assigned to him or her by the Adjutant General. He or she shall make such reports and returns to the Department of the Army and the Air Force or the President of the United States as may be required by law or regulations. He or she shall give such bond to the United States as may be required by the Secretary of the Army and Secretary of the Air Force, respectively, for the faithful accounting, safekeeping, and payment of public money coming into his or her hands or entrusted to him or her for disbursement. To satisfy state bonding requirements, he or she shall be bonded or insured as required by section 11-201.

Source:Laws 1917, c. 205, § 4, p. 486; Laws 1919, c. 121, § 2, p. 290; Laws 1921, c. 234, § 1, p. 834; C.S.1922, § 3305; C.S.1929, § 55-125; R.S.1943, § 55-145; Laws 1953, c. 188, § 21, p. 600; Laws 1963, c. 321, § 5, p. 977; R.R.S.1943, § 55-145; Laws 1969, c. 459, § 25, p. 1590; Laws 1978, LB 653, § 17; Laws 2004, LB 884, § 29.    


55-128. Adjutant General; seal.

The Adjutant General shall provide a seal, which shall be the seal of his office, and shall be delivered by him to his successor.

Source:Laws 1917, c. 205, § 4, p. 485; Laws 1919, c. 121, § 2, p. 290; Laws 1921, c. 234, § 1, p. 834; C.S.1922, § 3305; C.S.1929, § 55-125; R.S.1943, § 55-147; Laws 1969, c. 459, § 26, p. 1590.


55-129. Adjutant General; reports.

The Adjutant General shall make reports at such times and as to such matters as the Governor may require. He or she shall make such reports and returns to the Department of the Army and Air Force or the President of the United States as may be required by laws or regulations.

Source:Laws 1917, c. 205, § 4, p. 485; Laws 1919, c. 121, § 2, p. 289; Laws 1921, c. 234, § 1, p. 833; C.S.1922, § 3305; C.S.1929, § 55-125; R.S.1943, § 55-148; Laws 1953, c. 188, § 23, p. 601; Laws 1955, c. 231, § 11, p. 722; R.R.S.1943, § 55-148; Laws 1969, c. 459, § 27, p. 1590; Laws 1981, LB 545, § 16.


55-130. Repealed. Laws 1981, LB 545, § 52.

55-131. Adjutant General; property; receipt as trustee; control; disposition; Military Department Cash Fund; created; investment.

The Military Department Cash Fund is created. The fund shall be administered by the Adjutant General. The fund shall consist of all nonfederal revenue received by the National Guard pursuant to this section. The Adjutant General is hereby authorized to accept by devise, gift, or otherwise and hold, as trustee, for the benefit and use of the National Guard or any part thereof any property, real or personal; to invest and reinvest the property; to collect, receive, and recover the rents, incomes, and issues from the property; and to expend them as provided by the terms of the devise or gift, or if not so provided, to expend them for the benefit and use of the National Guard as he or she in his or her discretion shall determine, subject to the approval of the Governor. Except as otherwise provided by law, all other money received by the National Guard and derived from any other source shall be remitted to the State Treasurer for credit to the Military Department Cash Fund. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Military Department Cash Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1929, c. 189, § 20, p. 662; C.S.1929, § 55-126; R.S.1943, § 55-150; Laws 1965, c. 342, § 1, p. 973; R.R.S.1943, § 55-150; Laws 1969, c. 459, § 29, p. 1591; Laws 1969, c. 584, § 55, p. 2379; Laws 1995, LB 7, § 61; Laws 2006, LB 787, § 9;    Laws 2007, LB322, § 9;    Laws 2009, First Spec. Sess., LB3, § 31.    


Cross References

55-131.01. Repealed. Laws 1988, LB 793, § 7.

55-132. Adjutant General; armories; rifle ranges; control; management; rental.

The Adjutant General shall be the director of state armories and of the National Guard rifle ranges. He shall provide grounds, armories, and other buildings, for the purpose of drill and for the safekeeping of all federal and state property of the United States or of this state, and lease, in the name of the State of Nebraska, suitable property and buildings therefor, and cause the same to be paid for from money appropriated for National Guard support, when in his judgment it is for the best interests of the state so to do. He shall provide for the management, care and maintenance of such grounds, armories, buildings and National Guard rifle ranges. He may adopt and prescribe such rules and regulations respecting the same as he in his sole discretion shall determine to be necessary or desirable. He may permit, by order, revocable at his pleasure, the use of armories for the regular meetings or functions of patriotic societies or recognized military service organizations or for other meetings of a public nature, at such times and under such circumstances as not to interfere with the use of such armories for military purposes by the units quartered therein, subject to such rules and regulations as he in his sole discretion may determine necessary or desirable. For such use of armories or facilities he may exact such rent as may be necessary to meet the expense of such meeting, clean and maintain the premises, or pay for extra help required.

Source:Laws 1929, c. 189, § 22, p. 662; C.S.1929, § 55-128; R.S.1943, § 55-151; Laws 1961, c. 274, § 1, p. 808; R.R.S.1943, § 55-151; Laws 1969, c. 459, § 30, p. 1591.


55-133. Adjutant General; armories and equipment; assignment; military emergency vehicles; designation.

(1) The Adjutant General shall assign to each organization an armory and such other equipment as may be necessary to comply with the requirements of United States laws or regulations for National Guard units allotted to the State of Nebraska.

(2)(a) The Adjutant General may designate any publicly owned military vehicles of the National Guard described in subdivision (b) of this subsection as military emergency vehicles. Military emergency vehicles shall be operated as emergency vehicles only when responding to a public disaster, war, riot, invasion, insurrection, or resistance of process or in case of imminent danger of the occurrence of any of such events. The Adjutant General shall develop and enforce standard operating procedures for military emergency vehicles.

(b) Vehicles eligible for designation as military emergency vehicles shall be limited to vehicles assigned to:

(i) The Civil Support Team, or any successor unit; and

(ii) The chemical, biological, radiological, nuclear, and high-yield explosives enhanced response force package, commonly known as the CERFP unit, or any successor unit.

Source:Laws 1929, c. 189, § 21, p. 662; C.S.1929, § 55-127; R.S.1943, § 55-152; Laws 1969, c. 459, § 31, p. 1592; Laws 2008, LB196, § 1.    


55-134. National Guard; composition; discrimination prohibited.

The Nebraska National Guard shall consist of the regularly enlisted personnel between the ages of seventeen and sixty years organized, armed, and equipped as hereinafter provided, of warrant officers between the ages of eighteen and sixty-two years, and of commissioned officers between the ages of eighteen and sixty-four years. The number of officers and enlisted personnel of the National Guard shall be determined from time to time and organized so as to at least meet the minimum requirements of the National Guard organizations allotted to this state. No discrimination shall be made in the enlistment of an individual, advancement in grade, or appointment of officers on account of race, color, creed, or sex.

Source:Laws 1929, c. 189, § 5, p. 658; C.S.1929, § 55-110; Laws 1935, c. 121, § 1, p. 439; C.S.Supp.,1941, § 55-110; R.S.1943, § 55-108; Laws 1945, c. 133, § 1, p. 423; Laws 1953, c. 188, § 6, p. 595; R.R.S.1943, § 55-108; Laws 1969, c. 459, § 32, p. 1592; Laws 1979, LB 80, § 106; Laws 1984, LB 934, § 1.


55-135. National Guard; personnel; number; grade; service.

The number and grade of officers and enlisted personnel shall be as prescribed by the United States Department of the Army and the Department of the Air Force personnel documents provided to the National Guard or as otherwise authorized, but in case of war, invasion, insurrection, riot, or imminent danger, the Governor may temporarily increase them to meet such emergencies. All officers shall hold their commissions until separated by reason of resignation, disability, or pursuant to applicable regulations issued by the Department of the Army or the Department of the Air Force. Vacancies among officers shall be filled by appointment, subject to such regulations relating thereto as now or may hereafter be promulgated by the United States Government.

Source:Laws 1929, c. 189, § 9, p. 659; C.S.1929, § 55-114; Laws 1935, c. 121, § 2, p. 439; C.S.Supp.,1941, § 55-114; R.S.1943, § 55-114; Laws 1945, c. 133, § 2, p. 423; R.R.S.1943, § 55-114; Laws 1969, c. 459, § 33, p. 1593; Laws 1978, LB 570, § 1; Laws 1984, LB 934, § 2; Laws 2010, LB550, § 6.    


55-136. National Guard; officers; qualifications; service; discharge.

Staff officers, including officers of the pay, inspection, subsistence, medical, and Adjutant General's department, shall have had previous military experience and shall hold their positions until they have reached the age of sixty-four years unless retired prior to that time by reason of resignation, disability, or pursuant to applicable regulations issued by the Department of the Army or the Department of the Air Force. Vacancies among such officers shall be filled by appointment by the Governor or the Adjutant General. All commissioned officers shall be entitled to an honorable discharge in writing at the expiration of their term of office on properly accounting for all property for which they are responsible.

Source:Laws 1917, c. 205, § 16, p. 488; Laws 1919, c. 121, § 4, p. 291; Laws 1921, c. 234, § 2, p. 835; C.S.1922, § 3320; C.S.1929, § 55-140; Laws 1935, c. 121, § 3, p. 440; C.S.Supp.,1941, § 55-140; Laws 1943, c. 127, § 1, p. 430; R.S.1943, § 55-115; Laws 1969, c. 459, § 34, p. 1593; Laws 1978, LB 570, § 2; Laws 1993, LB 170, § 2.


55-137. National Guard; officers; commissions.

Any person appointed and commissioned an officer of the National Guard is required to pass such tests as to his physical, moral and professional fitness as shall be prescribed by the United States. The examination to determine such qualifications for commissions shall be as prescribed by the United States. Officers shall be commissioned by the Governor, and the commission shall designate the arm, staff corps or department, and, in the case of line officers, the unit to which they are assigned.

Source:Laws 1929, c. 189, § 11, p. 659; C.S.1929, § 55-116; R.S.1943, § 55-116; Laws 1969, c. 459, § 35, p. 1593.


55-138. National Guard; officers; selection; separation.

The system of selecting and separating officers of the Nebraska National Guard will be prescribed in regulations issued by the Department of the Army or Department of the Air Force.

Source:Laws 1917, c. 205, § 15, p. 488; Laws 1919, c. 121, § 3, p. 291; C.S.1922, § 3319; C.S.1929, § 55-139; R.S.1943, § 55-117; Laws 1953, c. 188, § 9, p. 596; R.R.S.1943, § 55-117; Laws 1969, c. 459, § 36, p. 1594; Laws 1978, LB 570, § 3.


55-139. National Guard; officers; powers and duties.

In addition to the powers and duties prescribed in this code, all officers of the National Guard shall have the same powers and perform the same duties as officers of similar grade and rank in the Army and Air Force of the United States insofar as may be authorized by the laws or regulations of the United States.

Source:Laws 1929, c. 189, § 15, p. 661; C.S.1929, § 55-120; R.S.1943, § 55-118; Laws 1953, c. 188, § 10, p. 596; R.R.S.1943, § 55-118; Laws 1969, c. 459, § 37, p. 1594.


Cross References

55-139.01. National Guard; peace officer; powers.

While in the active service of the state or on orders under 32 U.S.C., as a member of the militia of this state or another state, by direction or request of the Governor, members of the National Guard are peace officers and conservators of the peace with the power to keep the same, to prevent crime, to arrest any person liable thereto, or to execute process of law. They may call any person to their aid and, when necessary, may summon the power of the state. The authority to perform peace officer duties will be established within the official order to duty and may be limited by the Governor, in writing, as necessitated by the mission.

Source:Laws 2010, LB550, § 7.    


55-140. National Guard; oaths; commissioned officers may administer.

All commissioned officers of the Nebraska National Guard shall be authorized and empowered to administer oaths and affirmations necessary for the administration of military business.

Source:Laws 1909, c. 90, § 63, p. 384; R.S.1913, § 3962; C.S.1922, § 3360; C.S.1929, § 55-179; R.S.1943, § 55-119; Laws 1969, c. 459, § 38, p. 1594; Laws 1993, LB 170, § 3.


55-141. Militia; commissioned officers; power of arrest.

Any commissioned officer of the military forces shall have the ordinary powers of a peace officer to arrest and detain any member of the military forces of the State of Nebraska for the commission of any crime punishable under the laws of the state while in any active service of the state. The arresting officer may release the offender to the civil authorities for prosecution.

Source:Laws 1909, c. 90, § 70, p. 386; R.S.1913, § 3968; C.S.1922, § 3366; C.S.1929, § 55-184; R.S.1943, § 55-120; Laws 1969, c. 459, § 39, p. 1594.


55-141.01. Transferred to section 55-124.

55-142. Violations; penalty.

Any person who (1) trespasses upon any campground, armory, airport or any other place devoted to military duty; (2) unlawfully molests, insults, abuses or obstructs any member of the Nebraska National Guard while in the performance of his military duty; (3) interrupts or disturbs the orderly discharge of military duty; or (4) disturbs or prevents the passage of troops going to or returning from any duty shall be guilty of a Class II misdemeanor.

Upon probable cause, any person suspected of violating this section may be detained by or at the direction of the commanding officer of the troops or of the place concerned.

The Adjutant General may cause any person so detained in accordance with the provisions of this section to be released to the civil authorities for prosecution.

Source:Laws 1969, c. 459, § 40, p. 1594; Laws 1977, LB 39, § 50.


55-143. National Guard; officers; fitness; determination.

At any time the moral character, capacity, and general fitness for the service of any National Guard officer may be determined by a board as provided by the United States. Commissions of officers of the National Guard may be vacated upon resignation, upon absence without leave for three months, upon recommendation of a board pursuant to sentence of a court-martial, or upon separation based upon the causes set forth in section 55-136. Officers of the guard rendered surplus by the disbandment of their organization shall be disposed of as provided by the United States. Officers may, upon their own application, be placed in the reserve as may be authorized by the United States.

Source:Laws 1929, c. 189, § 12, p. 660; C.S.1929, § 55-117; R.S.1943, § 55-122; Laws 1969, c. 459, § 41, p. 1595; Laws 1978, LB 570, § 4; Laws 1993, LB 170, § 4.


55-144. National Guard; officers; resignation.

Commissioned officers and warrant officers may resign in such manner and under such circumstances as may be prescribed by regulations of the United States Government.

Source:Laws 1929, c. 189, § 10, p. 659; C.S.1929, § 55-115; R.S.1943, § 55-123; Laws 1969, c. 459, § 42, p. 1595.


55-144.01. Repealed. Laws 1959, c. 266, § 1.

55-145. National Guard; officers; resignations; acceptance; limitations.

Resignations of all commissioned officers and warrant officers will be forwarded to the Adjutant General, through their immediate commanding officers, for the action of the Governor, who may accept and grant an honorable discharge; Provided, the officer shall not be honorably discharged until he has satisfactorily accounted for all property he may be responsible for, nor while under charges for the commission of any offense.

Source:Laws 1909, c. 90, § 47, p. 381; R.S.1913, § 3946; C.S.1922, § 3345; C.S.1929, § 55-172; R.S.1943, § 55-124; Laws 1969, c. 459, § 43, p. 1595.


55-146. National Guard; personnel; ordered to active duty; limitations.

Officers and enlisted personnel of the National Guard who are active or retired may be ordered to active service of the state by the Governor or the Adjutant General: (1) During times of disaster declared by the Governor; (2) in any emergency when the lives or the property of the people of this state are endangered; and (3) at any time for advice, counsel, duties, or service to the Governor or Adjutant General. The length of service of any individual ordered to active service of the state for disasters or emergencies shall be determined by the Adjutant General. The length of service for any individual ordered to active service of the state for advice, counsel, duties, or service to the Governor or Adjutant General shall not exceed fifteen continuous days for any one mission or project, and no more than fifteen individuals shall be ordered to such duty for any one mission or project.

Source:Laws 1955, c. 213, § 1, p. 598; Laws 1963, c. 321, § 1, p. 975; Laws 1965, c. 341, § 1, p. 971; R.R.S.1943, § 55-121.01; Laws 1969, c. 459, § 44, p. 1596; Laws 1984, LB 934, § 3; Laws 1990, LB 930, § 1.


55-147. National Guard; officers; retired at higher grade, when.

The Governor shall have the power, on good cause shown, to retire any officer in the next higher grade than that held by the officer during his active military service in the National Guard.

Source:Laws 1955, c. 213, § 2, p. 598; R.R.S.1943, § 55-121.02; Laws 1969, c. 459, § 45, p. 1596.


55-148. National Guard; officers; retirement; right of retired officers to wear uniform and insignia.

Commissions of National Guard officers shall be vacated as provided by the laws or regulations of the United States. Any commissioned officer of the National Guard who resigns or is retired and who shall have served as such officer for a period of not less than ten years, and any commissioned officer of the National Guard who has been honorably discharged from the Army of the United States after serving therein for a period of ninety days or more during any war and who shall have served as such officer of the National Guard for a period of not less than five years, and any commissioned officer of the National Guard who has become, or who shall hereafter become, disabled and thereby incapable of performing the duties of his office, may, upon his retirement upon his own request in writing, stating the grounds therefor, and by order of the Governor, have his name placed on a roll in the office of the Adjutant General to be known as the roll of retired officers, and shall thereby be entitled to wear, when not in conflict with the laws or regulations of the United States, on state or other occasions of ceremony, the uniform of the rank last held by him. The Governor may, by general order, provide a suitable mark of distinction for all officers and enlisted men who have served in the National Guard.

Source:Laws 1929, c. 189, § 13, p. 660; C.S.1929, § 55-118; R.S.1943, § 55-125; Laws 1969, c. 459, § 46, p. 1596.


55-149. National Guard; arms; supplies; issuance.

Arms, accoutrements, ammunition, supplies and stores shall be issued to the proper officers of each organization upon requisition as prescribed by the laws or regulations of the United States.

Source:Laws 1929, c. 189, § 18, p. 661; C.S.1929, § 55-123; R.S.1943, § 55-126; Laws 1969, c. 459, § 47, p. 1597.


55-150. National Guard; officers; bond or insurance; amount; conditions.

Commanders of organizations and units and all other officers who are responsible for public military property shall execute and deliver to the Adjutant General a bond, in such sum as the Governor may direct, not exceeding five thousand dollars, payable to the State of Nebraska, with sufficient sureties, to be approved by the Governor, conditioned for the proper care and use of such public property, and the return of same, in good order, ordinary wear and unavoidable loss and damage excepted; and in case of such loss or damage, the bond shall require the officer to immediately furnish the Adjutant General with properly attested affidavits, setting forth all the facts attending such loss or damage. Officers who are employees, as defined by section 81-1302, of the Military Department shall be bonded or insured as required by section 11-201.

Source:Laws 1909, c. 90, § 33, p. 376; R.S.1913, § 3933; C.S.1922, § 3333; C.S.1929, § 55-160; R.S.1943, § 55-127; Laws 1969, c. 459, § 48, p. 1597; Laws 1978, LB 653, § 18; Laws 2004, LB 884, § 30.    


55-151. National Guard; enlistments; reenlistments; how made; qualifications.

No enlistment shall be allowed other than of able-bodied citizens of the United States and able-bodied persons of foreign birth who have been admitted to the United States for permanent residence. Such citizens or persons are required to be between the ages of seventeen and sixty years. All enlistments, reenlistments, and extensions of enlistments in the National Guard shall be in the manner and form, and for such periods as may be authorized by the laws of the United States, and regulations of the Secretary of the Army and the Secretary of the Air Force relating thereto, and shall be made by signing enlistment papers according to the form prescribed by the Adjutant General, and taking the prescribed oath or affirmation, which may be administered by any commissioned officer.

Source:Laws 1917, c. 205, § 7, p. 487; C.S.1922, § 3311; Laws 1929, c. 189, § 25, p. 663; C.S.1929, § 55-131; R.S.1943, § 55-129; Laws 1953, c. 188, § 12, p. 597; Laws 1963, c. 322, § 1, p. 978; R.R.S.1943, § 55-129; Laws 1969, c. 459, § 49, p. 1597.


55-152. National Guard; federal service; termination; enlistments unaffected.

Upon the termination of any emergency for which the National Guard has been drafted or called into the service of the United States, all persons so drafted or called, upon being discharged from the Army or Air Force of the United States, shall continue to serve in the Nebraska National Guard until the dates upon which their enlistments entered into prior to their draft or call into service would have expired if uninterrupted.

Source:Laws 1929, c. 189, § 14, p. 661; C.S.1929, § 55-119; R.S.1943, § 55-130; Laws 1953, c. 188, § 13, p. 597; R.R.S.1943, § 55-130; Laws 1969, c. 459, § 50, p. 1598; Laws 1993, LB 170, § 5.


55-153. National Guard; continuous service, defined.

Service by any person in the armed forces of the United States, or in national emergency, time of war, insurrection, or rebellion, shall be considered as continuous service in the National Guard for any and all purposes regarding privileges and exemptions provided by law for members of the National Guard by enlistment or commission; Provided, that the continuous service for an officer shall include only the time he was commissioned as such.

Source:Laws 1929, c. 189, § 28, p. 664; C.S.1929, § 55-134; R.S.1943, § 55-131; Laws 1953, c. 188, § 14, p. 597; R.R.S.1943, § 55-131; Laws 1969, c. 459, § 51, p. 1598.


55-154. Militia; enlistments; length.

Enlistments in the militia called out by proclamation of the Governor shall be for the term specified in such proclamation.

Source:Laws 1909, c. 90, § 21, p. 373; R.S.1913, § 3920; C.S.1922, § 3328; C.S.1929, § 55-155; R.S.1943, § 55-132; Laws 1969, c. 459, § 52, p. 1598.


55-155. National Guard; enlisted personnel; discharge.

An enlisted person discharged from service in the National Guard shall receive a discharge in writing in such form and with such classification as is or shall be prescribed by the laws or regulations of the United States. In time of peace discharges may be given prior to the expiration of terms of enlistment under such regulations as the United States may prescribe.

Source:Laws 1929, c. 189, § 26, p. 663; C.S.1929, § 55-132; R.S.1943, § 55-133; Laws 1969, c. 459, § 53, p. 1598; Laws 1984, LB 934, § 4.


55-156. National Guard; dishonorable discharge; effect; posting.

A dishonorable discharge from service in the Nebraska National Guard shall operate as a complete expulsion from the guard, a forfeiture of all exemptions and privileges acquired through membership therein, and disqualification for any military service under the state. The names of all persons dishonorably discharged shall be published in orders by the Adjutant General quarterly.

Source:Laws 1929, c. 189, § 27, p. 663; C.S.1929, § 55-133; R.S.1943, § 55-134; Laws 1969, c. 459, § 54, p. 1599.


55-157. Militia; active duty; personnel; compensation; travel expenses; health insurance reimbursement.

(1) When an active or retired officer or enlisted person of the National Guard is ordered to active service of the state by the Governor or Adjutant General, he or she shall receive compensation as provided in this subsection. For service during a disaster or emergency, an officer or enlisted person shall be entitled to the same pay, subsistence, and quarters allowance as officers and enlisted personnel of corresponding grades of the Army and Air Force of the United States and shall be reimbursed for travel expenses in accordance with the Joint Federal Travel Regulations. For advice, counsel, duties, or service to the Governor or Adjutant General, an officer or enlisted person may, at the discretion of the Adjutant General, be in a pay or nonpay status. If in a pay status, the officer or enlisted person shall be entitled to the same pay, subsistence, and quarters allowance as officers and enlisted personnel of corresponding grades of the Army and Air Force of the United States and shall be reimbursed for travel expenses in accordance with the Joint Federal Travel Regulations.

(2) For any period of active service of the state in excess of thirty consecutive days, performed at the order of the Governor or Adjutant General or at the request of the federal government, a state, or other agency or entity, an officer or enlisted person shall be entitled to reimbursement of one hundred percent of the cost of his or her privately purchased health insurance or up to one hundred two percent of the cost of his or her employer-provided health insurance. The officer or enlisted person shall provide evidence of payment and shall be reimbursed to the extent that evidence of payment can be provided. The reimbursement for health insurance shall be treated as an allowance but may be paid separately once received by the State of Nebraska from the federal government, a state, or other agency or entity requesting the services of the officer or enlisted person. The State of Nebraska will not pay or advance the cost of such health insurance reimbursement for the federal government, a state, or other agency or entity. The State of Nebraska is exempt from the requirement under this subsection to reimburse officers and enlisted persons for their health insurance costs.

Source:Laws 1909, c. 90, § 44, p. 380; R.S.1913, § 3943; C.S.1922, § 3343; C.S.1929, § 55-170; R.S.1943, § 55-184; Laws 1953, c. 188, § 33, p. 606; R.R.S.1943, § 55-184; Laws 1969, c. 459, § 55, p. 1599; Laws 1984, LB 934, § 5; Laws 1990, LB 930, § 2; Laws 2004, LB 963, § 4;    Laws 2012, LB1141, § 1.    


55-157.01. Repealed. Laws 1976, LB 596, § 1.

55-157.02. Recruiting; strength maintenance; expenditure of funds; Adjutant General; supervise.

Recruiting and strength maintenance activities of the Military Department may include, but shall not be limited to, (1) provision to members of the National Guard of suitable awards, honorariums, or other proper recognition for successful recruiting efforts, (2) provision for the financial support of official National Guard functions, the purpose of which is to provide information in regard to and create interest in the National Guard among potential recruits and their families, (3) the preparation and dissemination of informational material in regard to the National Guard, and (4) advertising in public media for recruiting purposes, and all necessary expenses in connection therewith. The Adjutant General shall supervise the expenditure of such funds for the purposes enumerated.

Source:Laws 1974, LB 983, § 8.


55-157.03. Incentive payments; purpose; restrictions.

The Adjutant General may authorize a payment to encourage individuals to enlist or reenlist in units of the Nebraska National Guard whenever the strength level of such units is so low as to adversely affect the ability of such units to meet their state or federal mission, if the sum of such payments does not exceed the amount appropriated for this purpose. The Adjutant General may devise and change a formula to distribute incentive payments to members of the Nebraska Army National Guard and the Air National Guard, so as to encourage enlistments, reenlistments, or both, subject to the following restrictions. The payments shall be restricted to enlisted persons who have less than twelve years of total military service. The payments shall not exceed the rate of one hundred dollars per year of service but may be provided in advance of service, except that not more than three hundred dollars shall be paid in advance of performed service to any one individual at any time.

Source:Laws 1978, LB 564, § 4.


55-158. Compensation; payment.

Whenever a member of the military forces of the State of Nebraska is entitled to compensation as provided in section 55-157, the Adjutant General shall certify the amount of compensation to be paid and direct that the warrant shall be charged against the state appropriated funds of the military department.

Source:Laws 1969, c. 459, § 56, p. 1599.


55-159. Injury or death while on active duty; workers' compensation benefits; procedure; exceptions.

A member of the military forces of the State of Nebraska who incurs a personal injury which is caused by accident or occupational disease while in the active service of this state ordered by competent authority, which injury arises out of and in the course of his or her employment in active service, shall be entitled to workers' compensation benefits in accordance with the definitions and terms of the Nebraska Workers' Compensation Act. If such member incurs death under the same conditions, the dependents of the deceased, if any, shall be entitled to workers' compensation benefits as provided in the Nebraska Workers' Compensation Act. Any dispute arising under this section shall be resolved under the provisions established by the Nebraska Workers' Compensation Act. No workers' compensation benefits shall be paid under this section in any case to the extent that any benefits for injury or death are paid or payable under the provisions of 32 U.S.C.

Source:Laws 1969, c. 459, § 57, p. 1599; Laws 1974, LB 983, § 6; Laws 1986, LB 811, § 139.


Cross References

55-160. Military leave of absence without loss of pay; limitations.

(1) All employees, including elected officials of the State of Nebraska, or any political subdivision thereof, who are members of the National Guard, Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, and Coast Guard Reserve, shall be entitled to a military leave of absence from their respective duties, without loss of pay, when employed with or without pay under the orders or authorization of competent authority in the active service of the state or of the United States. Members who normally work or are normally scheduled to work one hundred twenty hours or more in three consecutive weeks shall receive a military leave of absence of one hundred twenty hours each calendar year. Members who normally work or are normally scheduled to work less than one hundred twenty hours in three consecutive weeks shall receive a military leave of absence each calendar year equal to the number of hours they normally work or would normally be scheduled to work, whichever is greater, in three consecutive weeks. Such military leave of absence may be taken in hourly increments and shall be in addition to the regular annual leave of the persons named in this section.

(2) When the Governor of this state declares that a state of emergency exists and any of the persons named in this section are ordered to active service of the state, a state of emergency leave of absence will be granted until such member is released from active service of the state by competent authority. A military leave of absence shall not be used during a state of emergency declared by the Governor. Other forms of leave may be granted. During a state of emergency leave of absence because of the call of the Governor, any official or employee subject to this section shall receive his or her normal salary or compensation minus the state active duty base pay he or she receives in active service of the state. Governmental officers serving a term of office shall receive their compensation as provided by law.

Source:Laws 1947, c. 198, § 1, p. 642; Laws 1953, c. 188, § 26, p. 602; R.R.S.1943, § 55-156.01; Laws 1969, c. 459, § 58, p. 1600; Laws 2002, LB 722, § 3.    


Annotations

55-161. Military leave of absence; rights of officer or employee.

(1) The parts of the federal Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. Chapter 43, listed in subdivisions (a) through (j) of this subsection or any other parts referred to by such parts, in existence and effective as of January 1, 2001, are adopted as Nebraska law. This section shall be applicable to all persons employed in the State of Nebraska and shall include all officers and permanent employees, including teachers employed on a one-year contract basis and elected officials, of the state or of any of its agencies or political subdivisions. The Legislature hereby adopts:

(a) Section 4301(a) — Purposes;

(b) Section 4302 — Relation to other law and plans or agreements;

(c) Section 4303(2),(4),(7) through (13),(15), and (16) and those portions of subparagraph (3) not relating to employment in a foreign country — Definitions;

(d) Section 4304 — Character of service;

(e) Section 4311 — Discrimination against persons who serve in the uniformed services and acts of reprisal prohibited;

(f) Section 4312 — Reemployment rights of persons who serve in the uniformed services;

(g) Section 4313 with the exception of that portion of subparagraph (a) dealing with reemployment of federal employees — Reemployment positions;

(h) Section 4316 — Rights, benefits, and obligations of persons absent from employment for service in a uniformed service;

(i) Section 4317 — Health plans; and

(j) Section 4318 — Employee pension benefit plans.

(2) This section applies to all members performing duty in active service of the state and to any person employed in Nebraska who is a member of the National Guard of another state and who is called into active service by the Governor of that state.

(3) The proper appointing authority or employer may make a temporary appointment to fill any vacancy created by the absence of an officer or employee pursuant to this section. Such officer or employee shall not be discharged from his or her former or new position without justifiable cause within one year after reinstatement.

(4) The Commissioner of Labor shall enforce this section.

(5) The Adjutant General shall perform duties assigned to the Secretary of Defense, Secretary of Veterans Affairs, or Secretary of Labor in the portions of 38 U.S.C. Chapter 43 adopted under this section.

Source:Laws 1951, c. 183, § 1, p. 686; Laws 1953, c. 189, § 1, p. 609; R.R.S.1943, § 55-156.02; Laws 1969, c. 459, § 59, p. 1600; Laws 1969, c. 751, § 8, p. 2828; Laws 1972, LB 1510, § 1; Laws 2002, LB 722, § 4;    Laws 2016, LB753, § 1.    
Effective Date: July 21, 2016


55-161.01. Officers and employees of state; violation of rights; Commissioner of Labor; investigate; order; filing of action; order.

Any person who feels that his or her employment rights under the provisions of section 55-161 have been violated may file complaint with respect thereto with the Commissioner of Labor. Such complaint shall not be subject to formal requirements but shall be sufficient if it identifies the parties involved and the right or rights alleged to have been violated. The commissioner shall promptly investigate each such complaint and if he or she finds that the allegations thereof are true he or she shall issue his or her order to the offending party directing the granting to complainant of all his or her rights under section 55-161, including the granting of backpay from the date the violation occurred. If such order has not been complied with within ten days after its mailing, by registered or certified mail, the commissioner may file suit in the district court for the county in which the alleged violation occurred for a writ of mandamus ordering the granting of the rights wrongfully denied together with backpay from the date the violation occurred. Such suit shall be determined by the court as expeditiously as practicable. The court shall enter such order as the evidence shows to be appropriate, including, in cases of flagrant violations of rights, the removal from office or employment of the person or persons responsible therefor when such removal is permitted by the Constitution of the State of Nebraska. In any such suit or in any appeal from the decision of the district court, the commissioner may employ private counsel with the written authorization required by subdivision (5) of section 84-205. A reasonable fee for such counsel shall be allowed by the court in any case in which a decision favorable to the commissioner is rendered.

Source:Laws 1972, LB 1510, § 2; Laws 1997, LB 758, § 5.


55-161.02. Officers and employees of state; employer; granting of rights of veteran; effect.

The employer shall not incur any liability to any person whose employment is terminated, or whose seniority, status, or other employment rights are curtailed as the result of the granting to a veteran of all the rights assured him under the provisions of section 55-161.

Source:Laws 1972, LB 1510, § 3.


55-162. Repealed. Laws 2002, LB 722, § 9.

55-163. Repealed. Laws 2002, LB 722, § 9.

55-164. Military leave of absence; damages for noncompliance.

If any employer fails to comply with any of the provisions of section 55-160 or 55-161, the employee may, at his or her election, bring an action at law for damages for such noncompliance. The employee may also apply to the courts for such equitable relief as may be just and proper under the circumstances.

Source:Laws 1957, c. 238, § 3, p. 799; R.R.S.1943, § 55-193; Laws 1969, c. 459, § 62, p. 1602; Laws 2002, LB 722, § 5.    


55-165. Military leave of absence; violation; penalty.

Any person, firm, or organization violating section 55-160 or 55-161 shall be guilty of a Class IV misdemeanor and, in addition thereto, shall restore to the employee all rights of which he or she has been illegally deprived.

Source:Laws 1957, c. 238, § 4, p. 799; R.R.S.1943, § 55-194; Laws 1969, c. 459, § 63, p. 1602; Laws 1977, LB 39, § 51; Laws 2002, LB 722, § 6.    


55-166. National Guard; armed forces of United States; member; discharge by employer; violation; penalty.

Any person, firm, or organization, who discharges an employee because of his membership in the National Guard of this state or his fulfillment of military duty in the active service of the state or of the United States, shall be guilty of a Class IV misdemeanor, and, in addition thereto, shall restore the employee to a position of like seniority, status, and pay.

Source:Laws 1955, c. 213, § 3, p. 599; R.R.S.1943, § 55-190; Laws 1969, c. 459, § 64, p. 1603; Laws 1977, LB 39, § 52.


55-167. Member of military forces; active service; exempt from arrest on civil process.

No member of the military forces of the State of Nebraska shall be arrested, or served with any summons, order, warrant, or other civil process after having been ordered to active service of the state or while going to, or attending any place to which he is required to go for active service of the state; but nothing herein shall prevent his arrest for a felony or misdemeanor committed while not in the line of duty.

Source:Laws 1969, c. 459, § 65, p. 1603.


55-168. Militia; active service; civil and criminal liability; immunity.

Members of the military forces ordered into the active service of the state by any proper authority shall not be liable, civilly or criminally, for any act or acts done by them while in the line of duty.

Source:Laws 1909, c. 90, § 15, p. 371; R.S.1913, § 3914; C.S.1922, § 3323; Laws 1929, c. 189, § 41, p. 668; C.S.1929, § 55-150; R.S.1943, § 55-183; Laws 1969, c. 459, § 66, p. 1603.


55-169. Militia; action or proceeding against member on active service; bond; conditions.

Any person bringing an action or proceeding against any member of the military forces of the State of Nebraska for any act done when in active service of the state shall furnish, at the filing of the suit, security for payment of costs in such amount and in such form as the judge of the court in which such action or proceeding was initiated may determine, including attorney's fees, likely to accrue in such action or proceeding. If the plaintiff fails to prevail in such action or proceeding, judgment will be entered against him and his sureties on the bond for the defendant's attorney's fees and costs of the action.

Source:Laws 1969, c. 459, § 67, p. 1603.


55-170. Militia; action or proceeding against member on active service; change of venue.

In any action or proceeding against a member of the military forces of the State of Nebraska for any act done when in active service of the state, such member, on appropriate motion, shall be entitled to have the venue changed to the nearest county in the adjoining judicial district; and in any suit against two or more members of the Nebraska National Guard, each of them shall be entitled to severance.

Source:Laws 1969, c. 459, § 68, p. 1603.


55-171. Militia; action or proceeding against member on active service; legal counsel; expense.

If a civil or criminal suit or proceeding is commenced in any court by any person against a member of the military forces of the State of Nebraska for any act done when in the active service of this state the defendant may have counsel of his own selection at his individual expense, or competent legal counsel shall be provided at the expense of the state, for all stages of the proceedings.

Any legal counsel provided at the expense of the state shall be the Attorney General or a member of his staff or a practicing attorney designated by him. Compensation of counsel at the expense of the state shall be charged against military department funds.

Source:Laws 1969, c. 459, § 69, p. 1604.


55-172. Militia; action or proceeding against member on active service; service of copy on Adjutant General; procedure.

Any person bringing an action or proceeding against any member of the military forces of the State of Nebraska for any act done when in the active service of the state shall serve upon the Adjutant General a copy of any pleading, complaint, or information and the Adjutant General shall be entitled to be heard in such action or proceeding.

Source:Laws 1969, c. 459, § 70, p. 1604.


55-173. National Guard; Nebraska State Guard; labor service; jury service; exemptions.

The officers and enlisted men of the Nebraska National Guard and Nebraska State Guard shall be exempt from (1) working on roads and highways, and (2) sitting on any grand or petit jury within this state while they are active members thereof.

Source:Laws 1909, c. 90, § 64, p. 385; R.S.1913, § 3963; C.S.1922, § 3361; C.S.1929, § 55-180; R.S.1943, § 55-187; Laws 1945, c. 134, § 1, p. 424; R.R.S.1943, § 55-187; Laws 1969, c. 459, § 71, p. 1604.


Cross References

55-174. National Guard; military duty; members not exempt from firefighting service.

No member of the Nebraska National Guard shall be exempt or relieved from duty by membership or service in any fire department or district.

Source:Laws 1909, c. 90, § 65, p. 385; R.S.1913, § 3900; C.S.1922, § 3298; C.S.1929, § 55-102; R.S.1943, § 55-135; Laws 1969, c. 459, § 72, p. 1604.


55-175. National Guard; members in uniform; failure to admit or serve; penalty.

An owner, manager or employee of a hotel, restaurant, place of amusement or other establishment or place of business open to the public shall not refuse to admit or serve in the same manner and to the same extent as members of the general public are admitted and served a member of the National Guard wearing the prescribed uniform.

A person violating this section shall be guilty of a Class II misdemeanor.

Source:Laws 1969, c. 459, § 73, p. 1605; Laws 1977, LB 39, § 53.


55-176. Transferred to section 28-1481.

55-177. Transferred to section 28-1482.

55-178. National Guard; payrolls; certification; transmission.

Payrolls for services shall be forwarded in duplicate to the Adjutant General within ten days after such services, by brigade, regimental, and company commanders, with their certificates and oaths that the persons therein named have performed the duties and are entitled to the pay therein specified. Within ten days after the receipt of such payrolls, the Adjutant General shall, if approved by the Governor and himself, forward one of the payrolls to the Director of Administrative Services.

Source:Laws 1909, c. 90, § 60, p. 384; R.S.1913, § 3959; C.S.1922, § 3357; C.S.1929, § 55-176; R.S.1943, § 55-185; Laws 1969, c. 460, § 2, p. 1608; Laws 1969, c. 459, § 76, p. 1605.


55-179. National Guard; vouchers; payrolls; payment; warrants.

The Director of Administrative Services is hereby authorized and required on presentation of the proper vouchers and payrolls to draw his warrant on the state General Fund and against the appropriation made by the Legislature for the support and maintenance of the National Guard.

Source:Laws 1909, c. 90, § 61, p. 384; R.S.1913, § 3960; C.S.1922, § 3358; C.S.1929, § 55-177; R.S.1943, § 55-186; Laws 1969, c. 459, § 77, p. 1606.


Annotations

55-180. National Guard; encampment; commanding officer; powers; duties.

The commanding officer of any encampment or training assembly may cause those under his command to perform any camp or field duties he may require. He may put under arrest during such encampment or training assembly any member of his command who may disobey a superior officer, or be guilty of disorderly or unmilitary conduct, or any other person who may trespass upon the encampment grounds or training assembly, or molest the orderly discharge of duty by members of his command.

Source:Laws 1909, c. 90, § 41, p. 379; R.S.1913, § 3941; C.S.1922, § 3341; C.S.1929, § 55-168; R.S.1943, § 55-155; Laws 1969, c. 459, § 78, p. 1606.


55-181. Department; contract with Nebraska Wing of Civil Air Patrol; purposes; funding agreement.

The Military Department may contract with the Nebraska Wing of the Civil Air Patrol, the civilian auxiliary of the United States Air Force, for the following purposes:

(1) To encourage and aid American citizens in the contribution of their efforts, services, and resources in the development of aviation and the maintenance of aerospace supremacy;

(2) To encourage and develop, by example, the voluntary contribution of private citizens to the public welfare;

(3) To provide aviation and aerospace education and training;

(4) To foster and encourage civil aviation in local communities throughout the state; and

(5) To assist in meeting emergencies within the state.

The Department of Aeronautics and the Military Department shall enter into an agreement that will continue the funding of the contract under this section from the Department of Aeronautics Cash Fund in an amount equal to the appropriation by the Legislature for such purpose.

Source:Laws 1976, LB 847, § 1; R.S.1943, (1997), § 3-125.01; Laws 2003, LB 69, § 1.    


55-201. Nebraska State Guard; when called into service; organization.

Whenever any part of the National Guard of the State of Nebraska is in active federal service, whenever the President of the United States shall declare a national emergency, or whenever the Governor shall declare an emergency, the Governor is hereby authorized to organize and maintain within this state during such periods, under such regulations as the Secretaries of the Army and Air Force of the United States may prescribe for the organization, standards of training, instruction, and discipline, such military forces as the Governor may deem necessary to defend this state. Such forces shall be composed of officers commissioned or assigned by the Governor, and such able-bodied citizens of the state as shall volunteer for service therein, supplemented, if necessary, by men of the reserve militia enrolled by draft or otherwise as provided by law. Such forces shall be additional to and distinct from the National Guard and shall be known as the Nebraska State Guard. Such forces shall be uniformed.

Source:Laws 1941, c. 116, § 1, p. 447; C.S.Supp.,1941, § 55-401; Laws 1943, c. 126, § 1, p. 427; R.S.1943, § 55-201; Laws 1951, c. 184, § 1, p. 687; Laws 1953, c. 188, § 34, p. 607; Laws 1961, c. 275, § 1, p. 809.


55-202. Rules and regulations; acceptance of gratuities; conditions.

The Governor is hereby authorized to prescribe rules and regulations, not inconsistent with the provisions of sections 55-201 to 55-219, governing the enlistment, organization, administration, equipment, maintenance, training and discipline of such forces; Provided, such rules and regulations, insofar as he deems practicable and desirable, shall conform to existing law, governing and pertaining to the National Guard and the rules and regulations promulgated thereunder, and shall prohibit the acceptance of gifts, donations, gratuities or anything of value by such forces, except upon application to and authorization by the Adjutant General, or by any member of such forces from any individual, firm, association or corporation by reason of such membership. All applications for authority to make or offer a gift, donation, gratuity or anything of value to the forces shall become a permanent record of the Adjutant General's department and shall be open to public inspection.

Source:Laws 1941, c. 116, § 2, p. 447; C.S.Supp.,1941, § 55-402; Laws 1943, c. 126, § 2, p. 428; R.S.1943, § 55-202.


55-203. Commissions; enlistments; qualifications.

No person shall be appointed or enlisted in such forces who is not a citizen of the United States or who has been expelled or dishonorably discharged from any military or naval organization of this state or of another state or of the United States.

Source:Laws 1941, c. 116, § 9, p. 449; C.S.Supp.,1941, § 55-409; R.S.1943, § 55-203; Laws 1969, c. 459, § 79, p. 1606.


55-204. Commissions; conviction of felony; effect; fingerprints.

No one may be appointed as an officer who has been convicted of a felony. Fingerprints of all officers shall be taken.

Source:Laws 1941, c. 116, § 1, p. 447; C.S.Supp.,1941, § 55-401; Laws 1943, c. 126, § 1, p. 428; R.S.1943, § 55-204; Laws 1969, c. 459, § 80, p. 1607.


55-205. Enlistment; term; oath.

No person shall be enlisted for more than three years, but such enlistment may be renewed. The oath, to be taken upon enlistment in such forces, shall be substantially in the form prescribed for enlisted men of the National Guard, substituting the words Nebraska State Guard where necessary.

Source:Laws 1941, c. 116, § 11, p. 450; C.S.Supp.,1941, § 55-411; Laws 1943, c. 126, § 5, p. 429; R.S.1943, § 55-205.


55-206. Officers; oath.

The oath to be taken by officers commissioned in such forces shall be substantially in the form prescribed for officers of the National Guard, substituting the words Nebraska State Guard where necessary.

Source:Laws 1941, c. 116, § 10, p. 450; C.S.Supp.,1941, § 55-410; R.S.1943, § 55-206.


55-207. Members; compensation.

When called into the active service of the state, such forces shall receive pay, allowances, and benefits at the same rates prescribed by law for members of the National Guard. While in training at home station or engaged in other inactive service, such forces shall receive no compensation from the state.

Source:Laws 1941, c. 116, § 3, p. 448; C.S.Supp.,1941, § 55-403; Laws 1943, c. 126, § 3, p. 428; R.S.1943, § 55-207; Laws 1953, c. 188, § 35, p. 607; R.R.S.1943, § 55-207; Laws 1969, c. 459, § 81, p. 1607.


55-208. Equipment; facilities.

The Governor is hereby authorized to requisition or purchase from the Department of the Army or Department of the Air Force for the use of the armed forces of this state such arms, ammunition, clothing, and equipment as are necessary and authorized by the Department of the Army or Department of the Air Force under regulations; and to make available to such forces the facilities of state armories and their equipment and such other state premises and property as may be available. Where state facilities are not available, grounds, armories, and other buildings may be leased and maintained in the manner provided by law for the Nebraska National Guard.

Source:Laws 1941, c. 116, § 4, p. 448; C.S.Supp.,1941, § 55-404; Laws 1943, c. 126, § 4, p. 428; R.S.1943, § 55-208; Laws 1953, c. 188, § 36, p. 607.


55-209. Repealed. Laws 1969, c. 459, § 82.

55-210. Repealed. Laws 1969, c. 459, § 82.

55-211. Repealed. Laws 1969, c. 459, § 82.

55-212. Service within state; exceptions.

Such forces are not required to serve outside the boundaries of this state except (1) upon the request of the Governor of another state, in which case the Governor of this state may, in his discretion, order any portion or all of such forces to assist the military or police forces of such other state who are actually engaged in defending such other state; and such forces may be recalled by the Governor at his discretion; and (2) any organization, unit or detachment of such forces, upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces beyond the borders of this state into another state until they are apprehended or captured by such organization, unit or detachment, or until the military or police forces of the other state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons; Provided, such other state shall have given authority by law for such pursuit by such forces of this state.

Source:Laws 1941, c. 116, § 5, p. 448; C.S.Supp.,1941, § 55-405; R.S.1943, § 55-212.


55-213. Fugitive; apprehension in another state; duty.

Any such person who shall be apprehended or captured in such other state by an organization, unit or detachment of the forces of this state shall, without unnecessary delay, be surrendered to the military or police forces of the state in which he is taken or to the United States; but such surrender shall not constitute a waiver by this state of its right to extradite or prosecute such person for any crime committed in this state.

Source:Laws 1941, c. 116, § 5, p. 449; C.S.Supp.,1941, § 55-405; R.S.1943, § 55-213.


55-214. Fugitive to this state; capture authorized.

Any military forces or organization, unit or detachment thereof, of another state who are in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces, may continue such pursuit into this state until the military or police forces of this state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons, and are hereby authorized to arrest or capture such persons within this state while in fresh pursuit.

Source:Laws 1941, c. 116, § 6, p. 449; C.S.Supp.,1941, § 55-406; R.S.1943, § 55-214.


55-215. Fugitive to this state; apprehension; surrender to local authorities.

Any such person who shall be captured or arrested by the military forces of such other state while in this state, shall without unnecessary delay be surrendered to the military or police forces of this state to be dealt with according to law.

Source:Laws 1941, c. 116, § 6, p. 449; C.S.Supp.,1941, § 55-406; R.S.1943, § 55-215.


55-216. Fugitive to this state; sections, how construed.

Nothing in sections 55-214 and 55-215 shall be construed so as to make unlawful any arrest in this state which would otherwise be lawful. Nothing contained in said sections shall be deemed to repeal, modify or conflict with any of the provisions of present or future laws of this state with relation to the fresh pursuit of criminals.

Source:Laws 1941, c. 116, § 6, p. 449; C.S.Supp.,1941, § 55-406; R.S.1943, § 55-216.


55-217. Federal service; treatment of guard members.

Nothing in sections 55-201 to 55-219 shall be construed as authorizing such forces, or any part thereof, to be called, ordered or in any manner drafted as such, into the military service of the United States, but no person shall by reason of his enlistment or commission in any forces be exempted from military service under any law of the United States.

Source:Laws 1941, c. 116, § 7, p. 449; C.S.Supp.,1941, § 55-407; R.S.1943, § 55-217.


55-218. Civil organizations; not eligible for enlistment.

No civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of persons or civil group, shall be enlisted in such forces as an organization or unit.

Source:Laws 1941, c. 116, § 8, p. 449; C.S.Supp.,1941, § 55-408; R.S.1943, § 55-218.


55-219. Act, how cited.

Sections 55-201 to 55-219 may be cited as the State Guard Act.

Source:Laws 1941, c. 116, § 14, p. 450; C.S.Supp.,1941, § 55-414; R.S.1943, § 55-219.


55-301. Repealed. Laws 1971, LB 94, § 2.

55-302. Repealed. Laws 1971, LB 94, § 2.

55-303. Repealed. Laws 1971, LB 94, § 2.

55-304. Repealed. Laws 1971, LB 94, § 2.

55-305. Repealed. Laws 1971, LB 94, § 2.

55-306. Repealed. Laws 1971, LB 94, § 2.

55-401. Code, how cited.

Sections 55-401 to 55-481 shall be known and may be cited as the Nebraska Code of Military Justice.

Source:Laws 1969, c. 458, § 1, p. 1553; Laws 2016, LB754, § 7.    
Effective Date: July 21, 2016


55-402. Terms, defined.

As used in the Nebraska Code of Military Justice, unless the context otherwise requires:

(1) Military forces shall mean the National Guard, also called the Nebraska National Guard and also hereinafter referred to as the Army National Guard and Air National Guard, and in addition thereto, the militia when called into active service of this state;

(2) Officer shall mean a commissioned officer including a commissioned warrant officer;

(3) Superior officer shall mean an officer superior in rank or command;

(4) Enlisted person shall mean any person who is serving in an enlisted grade in any military force;

(5) Accuser shall mean a person who signs and swears to charges, to any person who directs that charges nominally be signed and sworn by another, and to any other person who has an interest other than an official interest in prosecution of the accused;

(6) Military judge shall mean an official of court-martial detailed in accordance with section 55-422; and

(7) Code shall mean the Nebraska Code of Military Justice.

Source:Laws 1969, c. 458, § 2, p. 1553; Laws 2016, LB754, § 8.    
Effective Date: July 21, 2016


55-403. Code; persons subject to.

The following persons are subject to this code: All members of the military forces of Nebraska not in the active service of the United States and who are under orders to be in the active service of the state as defined by section 55-104.

Source:Laws 1969, c. 458, § 3, p. 1554.


55-404. Fraudulent discharge; deserters; trial by court-martial.

(1) All persons discharged from the military forces of Nebraska subsequently charged with having fraudulently obtained such discharge shall, subject to the provisions of section 55-426, be subject to trial by court-martial on such charge and shall after apprehension be subject to this code while in the custody of the military forces for such trial. Upon conviction of such charge they shall be subject to trial by court-martial for all offenses under this code committed prior to the fraudulent discharge.

(2) Any person who has deserted from the military forces shall not be relieved from amenability to the jurisdiction of this code by virtue of a separation from any subsequent period of service.

Source:Laws 1969, c. 458, § 4, p. 1554.


55-405. Officer dismissed by order of Governor; trial by court-martial; convening a court-martial; powers; exceptions.

(1) When any officer, dismissed by order of the Governor, makes a written application for trial by court-martial, setting forth, under oath, that he has been wrongfully dismissed, the Governor, as soon as practicable, shall convene a court-martial to try such officer on the charges on which he was dismissed. A court-martial so convened shall have jurisdiction to try the dismissed officer on such charges, and he shall be held to have waived the right to plead any statute of limitations applicable to any offense with which he is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include the dismissal, the Adjutant General shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issuance.

(2) If the Governor fails to convene a court-martial within six months from the presentation of an application for trial under this section, the Adjutant General shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issuance.

(3) Where a discharge is substituted for a dismissal under the authority of this section, the Governor alone may reappoint the officer to such commissioned rank and precedence as in the opinion of the Governor such former officer would have attained had he not been dismissed. The reappointment of such a former officer shall be without regard to position vacancy and shall affect the promotion status of other officers only insofar as the Governor may direct. All time between the dismissal and such reappointment shall be considered as actual service for all purposes, including the right to receive pay and allowance.

(4) When an officer is discharged from any armed force by administrative action or is dropped from the rolls by order of the Governor, there shall not be a right to trial under this section.

Source:Laws 1969, c. 458, § 5, p. 1554.


55-406. Code; applicability.

This code shall be applicable in all places where military forces are present with any personnel who are on orders to be in the active service of the state.

Source:Laws 1969, c. 458, § 6, p. 1555.


55-407. State Judge Advocate; appointment.

The Adjutant General shall appoint as State Judge Advocate one of the Senior Staff Judge Advocates from either the Army National Guard or the Air National Guard.

Source:Laws 1969, c. 458, § 7, p. 1555.


55-408. Staff Judge Advocates; duties; restrictions.

(1) Convening authorities shall at all times communicate directly with their Staff Judge Advocates in matters relating to the administration of military justice; and the Staff Judge Advocate of any command is authorized to communicate directly with the State Judge Advocate.

(2) No person who has acted as a member, military judge, trial counsel, assistant trial counsel, defense counsel, or investigating officer in any case shall subsequently act as a Staff Judge Advocate to any reviewing authority upon the same case.

Source:Laws 1969, c. 458, § 8, p. 1555.


55-409. Apprehension of persons.

(1) Apprehension is the taking into custody of a person.

(2) Any person authorized under regulations governing the armed forces to apprehend persons subject to this code or to trial thereunder may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.

(3) All officers, warrant officers, and noncommissioned officers shall have authority to quell all quarrels, frays, and disorders among persons subject to this code and to apprehend persons subject to this code who take part in the same.

Source:Laws 1969, c. 458, § 9, p. 1556.


55-410. Apprehension of deserters.

It shall be lawful for any civil officer having authority to apprehend offenders under the laws of the State of Nebraska summarily to apprehend a deserter from the Nebraska National Guard or a member of the military forces absent without leave and deliver him into the custody of the Nebraska National Guard.

Source:Laws 1969, c. 458, § 10, p. 1556.


55-411. Imposition of restraint.

(1) Arrest is the restraint of a person by an order not imposed as a punishment for an offense directing him to remain within certain specified limits. Confinement is the physical restraint of a person.

(2) An enlisted person may be ordered into arrest or confinement by any officer by an order, oral or written, delivered in person or through other persons subject to this code. A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted persons of his command or subject to his authority into arrest or confinement.

(3) An officer or warrant officer may be ordered into arrest or confinement only by a commanding officer to whose authority he is subject, by an order, oral or written, delivered in person or by another officer. The authority to order such persons into arrest or confinement may not be delegated.

(4) No person shall be ordered into arrest or confinement except for probable cause.

(5) Nothing in this section shall be construed to limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.

Source:Laws 1969, c. 458, § 11, p. 1556.


55-412. Restraint of persons charged with offenses.

Any person subject to this code charged with an offense under this code shall be ordered into arrest or confinement, as circumstances may require. When any person subject to this code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him.

Source:Laws 1969, c. 458, § 12, p. 1557.


55-413. Confinement and imprisonment other than in guardhouse.

Confinement and imprisonment other than in guardhouse, whether prior to, during or after trial by a military court, shall be executed in jails, penitentiaries or prisons designated by the Governor or by the Adjutant General for that purpose.

Source:Laws 1969, c. 458, § 13, p. 1557.


55-414. Reports and receiving of prisoners.

(1) No provost marshal, commander of a guard, warden, keeper or officer of a city or county jail or any other jail, penitentiary or prison designated by the Governor or the Adjutant General under section 55-413 shall refuse to receive or keep any prisoner committed to his charge by an officer of the military forces, when the committing officer furnishes a statement signed by him, of the offense charged against the prisoner.

(2) Every commander of a guard, warden, keeper or officer of a city or county jail or any other jail, penitentiary or prison designated by the Governor or the Adjutant General under section 55-413 to whose charge a prisoner is committed shall, within twenty-four hours after such commitment or as soon as he is relieved from guard, report to the commanding officer the name of such prisoner, the offense charged against him, and the name of the person who ordered or authorized the commitment.

Source:Laws 1969, c. 458, § 14, p. 1557.


55-415. Manual for Courts-Martial, United States; applicability.

Insofar as it is not inconsistent with the provisions of this code, the Manual for Courts-Martial, United States, as established from time to time by Executive order of the President of the United States shall be in force and effect and apply to the military forces of Nebraska.

Source:Laws 1969, c. 458, § 15, p. 1557.


55-416. Commanding officer's nonjudicial punishment.

(1) Under such regulations as the Governor may prescribe, limitations may be placed on the powers granted by this section with respect to the kind and amount of punishment authorized, the categories of commanding officers and warrant officers exercising command authorized to exercise those powers, the applicability of the code to an accused who demands trial by court-martial, but punishment may not be imposed upon any member of the military forces under this section if the member has, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment. Under similar regulations, rules may be prescribed with respect to the suspension of punishments authorized hereunder.

(2) Subject to subsection (1) of this section, any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial:

(a) Upon officers of his or her command:

(i) Restriction to certain specified limits, with or without suspension from duty, for not more than ten consecutive days; or

(ii) If imposed by a general officer in command, arrest in quarters for not more than fourteen consecutive days; forfeiture of not more than one-half of one month's pay per month for two months; restriction to certain specified limits, with or without suspension from duty, for not more than fourteen consecutive days; or detention of not more than one-half of one month's pay per month for three months; and

(b) Upon other personnel of his or her command:

(i) Correctional custody for not more than seven consecutive days;

(ii) Forfeiture of not more than seven days' pay;

(iii) Reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction;

(iv) Extra duties, including fatigue or other duties, for not more than ten consecutive days;

(v) Restriction to certain specified limits, with or without suspension from duty, for not more than ten consecutive days;

(vi) Detention of not more than fourteen days' pay; or

(vii) If imposed by an officer of the grade of major or above, correctional custody for not more than fourteen consecutive days; forfeiture of not more than one-half of one month's pay per month for two months; reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades; extra duties, including fatigue or other duties, for not more than fourteen consecutive days; restrictions to certain specified limits, with or without suspension from duty, for not more than fourteen consecutive days; or detention of not more than one-half of one month's pay per month for three months.

Detention of pay shall be for a stated period, but if the offender's term of service expires earlier, the detention shall terminate upon that expiration. No two or more of the punishments of arrest in quarters, correctional custody, extra duties, and restriction may be combined to run consecutively in the maximum amount imposable for each. Whenever any of those punishments are combined to run consecutively, there must be an apportionment. In addition, forfeiture of pay may not be combined with detention of pay without an apportionment. For the purposes of this subsection, correctional custody is the physical restraint of a person during duty or nonduty hours and may include extra duties, fatigue duties, or hard labor. If practicable, correctional custody will not be served in immediate association with persons awaiting trial or held in confinement pursuant to trial by court-martial.

(3) An officer in charge may impose upon enlisted members assigned to the unit of which he or she is in charge such of the punishments authorized under subsection (2)(b) of this section as the Governor may specifically prescribe by regulation.

(4) The officer who imposes the punishment authorized in subsection (2) of this section, or his or her successor in command, may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade or a forfeiture imposed under subsection (2) of this section, whether or not executed. In addition, he or she may, at any time, remit or mitigate any part or amount of the unexecuted punishment imposed and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges, and property affected. He or she may also mitigate reduction in grade to forfeiture or detention of pay. When mitigating:

(a) Arrest in quarters to restriction;

(b) Confinement on bread and water or diminished rations to correctional custody;

(c) Correctional custody or confinement on bread and water or diminished rations to extra duties or restriction, or both; or

(d) Extra duties to restriction, the mitigated punishment shall not be for a greater period than the punishment mitigated. When mitigating forfeiture of pay to detention of pay, the amount of the detention shall not be greater than the amount of the forfeiture. When mitigating reduction in grade to forfeiture or detention of pay, the amount of the forfeiture or detention shall not be greater than the amount that could have been imposed initially under this section by the officer who imposed the punishment mitigated.

(5) A person punished under this section who considers his or her punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under subsection (4) of this section by the officer who imposed the punishment. Before acting on an appeal from a punishment of:

(a) Arrest in quarters for more than seven days;

(b) Correctional custody for more than seven days;

(c) Forfeiture of more than seven days' pay;

(d) Reduction of one or more pay grades from the fourth or a higher pay grade;

(e) Extra duties for more than ten days;

(f) Restriction for more than ten days; or

(g) Detention of more than fourteen days' pay, the authority who is to act on the appeal shall refer the case to a judge advocate for consideration and advice, and may so refer the case upon appeal from any punishment imposed under subsection (2) of this section.

(6) The imposition and enforcement of disciplinary punishment under this section for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this section; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.

(7) The Governor may, by regulation, prescribe the form of records to be kept of proceedings under this section and may also prescribe that certain categories of those proceedings shall be in writing.

(8) Any punishment authorized by this section which is measured in terms of days shall, when served in a status other than annual field training, be construed to mean consecutive active service days.

Source:Laws 1969, c. 458, § 16, p. 1557; Laws 2016, LB754, § 9.    
Effective Date: July 21, 2016


55-417. Court-martial, defined; jurisdiction.

There shall be general, special, and summary courts-martial constituted like similar courts of the Army and Air Force of the United States. The jurisdiction of the courts-martial shall be as follows:

(1) General court-martial: Except as otherwise provided by law, a general court-martial may try any person subject to the Nebraska Code of Military Justice;

(2) Special court-martial: Except as otherwise provided by law, a special court-martial may try any person subject to the code when the punishment for the offense does not include a dishonorable discharge; and

(3) Summary court-martial: Except as otherwise provided by law, a summary court-martial may try any person subject to the code and it may adjudge any punishment not forbidden by the code except dishonorable discharge or bad-conduct discharge, confinement for more than one month, hard labor without confinement for more than forty-five days, or forfeiture of more than two-thirds of one month's pay.

Source:Laws 1969, c. 458, § 17, p. 1561; Laws 1993, LB 170, § 6.


55-418. Court-martial; jurisdiction.

A court-martial as defined in the code shall have jurisdiction to try persons subject to the code for any offense defined and made punishable by the code and may, under such limitations and regulations as the Governor may prescribe, adjudge any of the following penalties:

(1) Confinement at hard labor for not more than six months;

(2) Hard labor without confinement for not more than three months;

(3) Forfeitures or detentions of pay not exceeding two-thirds pay per month for six months;

(4) Bad conduct discharge;

(5) Dishonorable discharge;

(6) Reprimand; or

(7) Reduction of noncommissioned officers to the ranks, and to combine any two or more of such punishments in the sentence imposed.

Source:Laws 1969, c. 458, § 18, p. 1562; Laws 2016, LB754, § 11.    
Effective Date: July 21, 2016


55-419. Court-martial; jurisdiction; not exclusive.

The jurisdiction of a court-martial is limited to the trial of persons accused of military offenses as described in the code. Persons subject to the code who are accused of offenses cognizable by the civil courts of this state or any other state where the military forces are present in that state may, upon accusation, be promptly surrendered to civil authorities for disposition, urgencies of the service considered. If the person subject to the code is accused of both a military offense under the code and a civil offense by the civil authorities, he or she shall be released to the civil authorities if the crime for which he or she is accused by the civil authorities carries a penalty in excess of the maximum penalty provided by the code.

Source:Laws 1969, c. 458, § 19, p. 1562; Laws 2016, LB754, § 12.    
Effective Date: July 21, 2016


55-420. Court-martial; who may convene.

A court-martial may be convened by:

(1) The Governor of Nebraska; or

(2) Any other commanding officer in any of the military forces who is of the rank of major or above.

If any such officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered advisable by him.

Source:Laws 1969, c. 458, § 20, p. 1562.


55-421. Court-martial; members; eligibility.

(1) Any commissioned officer is eligible to serve on any court-martial for the trial of any person who may lawfully be brought before such court for trial.

(2) Any warrant officer is eligible to serve on a court-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such court for trial.

(3)(a) Any enlisted member, who is not a member of the same unit as the accused, is eligible to serve on a court-martial for the trial of any enlisted member of an armed force who may lawfully be brought before such court for trial, but he shall serve as a member of a court only if, before the conclusion of a session called by the military judge prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested in writing that enlisted members serve on it. After such request, the accused may not be tried by a court-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible enlisted members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be assembled and the trial held without them, but the assembling authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained.

(b) In this section, the word unit means any regularly organized body as defined by the Governor, but in no case may it be a body larger than a company, squadron, or body corresponding to one of them.

(4)(a) When it can be avoided, no member of the military forces may be tried by a court-martial any member of which is junior to him in rank or grade.

(b) When convening a court-martial, the convening authority shall detail as members thereof such members of the military forces as, in his opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of the military forces is eligible to serve as a member of a court-martial when he is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.

Source:Laws 1969, c. 458, § 21, p. 1563.


55-422. Court-martial; military judge; qualifications.

(1) The authority convening a court-martial shall detail a military judge thereto. A military judge shall preside over each open session of the court-martial to which he had been detailed.

(2) A military judge shall be a commissioned officer of the National Guard or a retired officer of the reserve components of the armed forces of the United States who is a member of the bar of the Supreme Court of Nebraska and who is certified to be qualified for such duty by the State Judge Advocate. The State Judge Advocate may recommend to the Adjutant General that he order to active duty retired personnel of the United States Armed Forces who are qualified to act as a military judge.

(3) No person is eligible to act as military judge in a case if he is the accuser or a witness for the prosecution or has acted as investigation officer or a counsel in the same case.

(4) Neither the convening authority nor any member of his staff shall prepare or review any report concerning the effectiveness, fitness or efficiency of a military judge which relates to his performance of duty as such. A commissioned officer who is certified to be qualified for duty as a military judge of a court-martial may perform such duties only when he is assigned and directly responsible to the State Judge Advocate and may perform duties of a judicial or nonjudicial nature other than those relating to his primary duty as a military judge of a court-martial when such duties are assigned to him by or with the approval of the State Judge Advocate. The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel, nor may he vote with the members of the court.

Source:Laws 1969, c. 458, § 22, p. 1564.


55-423. Court-martial; trial counsel; defense counsel; detail.

(1) For each court-martial the authority convening the court shall detail trial counsel and defense counsel, and such assistants as he considers appropriate. No person who has acted as investigating officer, military judge, or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.

(2) Trial counsel or defense counsel detailed for a court-martial:

(a) Must be a judge advocate of the military forces, who is a graduate of an accredited law school and a member of the bar of the Supreme Court of Nebraska, or must be a member of the bar of a federal court or of the highest court of a state; and

(b) Must be certified as competent to perform such duties by the State Judge Advocate.

Source:Laws 1969, c. 458, § 23, p. 1565.


55-424. Court-martial; reports; interpreters; detail.

Under such regulations as the Governor may prescribe, the convening authority of a court-martial, military commission, or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court or commission. Under like regulations the convening authority of a court-martial, military commission, or court of inquiry may detail or employ interpreters who shall interpret for the court or commission. Any person appointed to interpret for deaf and hard of hearing persons shall be a licensed interpreter as defined in section 20-151.

Source:Laws 1969, c. 458, § 24, p. 1565; Laws 2002, LB 22, § 13.    


55-425. Court-martial; absent members; new members; disability of military judge; effect.

(1) No member of a court-martial may be absent or excused after the court has been assembled for the trial of the accused except for physical disability or as a result of a challenge or by order of the convening authority for good cause.

(2) Whenever a court-martial other than a court-martial composed of a military judge only is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused, and counsel for both sides.

(3) If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of section 55-426, after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides.

Source:Laws 1969, c. 458, § 25, p. 1565.


55-426. Court-martial; pretrial; trial; procedures applicable.

The pretrial and trial procedures before a court-martial shall be in accordance with the procedures set forth in the Uniform Code of Military Justice of the United States, 10 U.S.C. chapter 47, for courts-martial as the same may be from time to time amended and according to regulations prescribed by the President of the United States as contemplated by such code except as to matters which are specifically covered in the Nebraska Code of Military Justice.

Source:Laws 1969, c. 458, § 26, p. 1566; Laws 1993, LB 170, § 7.


55-427. Statute of limitations.

A person charged with any offense is not liable to be tried by court-martial or punished under section 55-416 or 55-481 if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction as set forth in the code.

Source:Laws 1969, c. 458, § 27, p. 1566; Laws 2016, LB754, § 13.    
Effective Date: July 21, 2016


55-428. Witness; failure to appear; procedure.

(1) Any person not subject to the code who:

(a) Has been duly subpoenaed to appear as a witness before a court-martial, military commission, court of inquiry, or any other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission, or board;

(b) Has been duly paid or tendered the fees of a witness at the rates allowed to witnesses attending the district courts of the State of Nebraska and mileage at the rate provided in section 81-1176 for state employees; and

(c) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce, is guilty of a Class II misdemeanor.

(2) The Attorney General of Nebraska, upon the certification of the facts to him or her by the military court, commission, or board shall file an information against and prosecute any person violating this section.

(3) The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses.

Source:Laws 1969, c. 458, § 28, p. 1566; Laws 1977, LB 39, § 55; Laws 1981, LB 204, § 97; Laws 2016, LB754, § 14.    
Effective Date: July 21, 2016


55-429. Cruel and unusual punishment, prohibited.

Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.

Source:Laws 1969, c. 458, § 29, p. 1567.


55-430. Punishment; limitation.

The punishment which a court-martial may direct for an offense may not exceed such limits as the Governor may prescribe for that offense.

Source:Laws 1969, c. 458, § 30, p. 1567.


55-431. Sentences; effective date.

(1) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended or deferred, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture may extend to any pay or allowances accrued before that date.

(2) Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.

(3) All other sentences of courts-martial are effective on the date ordered executed.

(4) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under his jurisdiction, the officer exercising court-martial jurisdiction over the command to which the accused is currently assigned, may in his sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his jurisdiction, by the officer exercising court-martial jurisdiction over the command to which the accused is currently assigned.

Source:Laws 1969, c. 458, § 31, p. 1567.


55-432. Confinement; execution.

Under such instructions as the Governor may prescribe, a sentence of confinement adjudged by a court-martial or other military tribunal, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement as provided in section 55-413. Persons so confined in a penal or correctional institution not under the control of one of the military forces are subject to the same discipline and treatment as persons confined or committed by the courts of the State of Nebraska.

Source:Laws 1969, c. 458, § 32, p. 1568.


55-433. Sentences; reduction in grade.

(1) Unless otherwise provided in regulations to be prescribed by the Governor, a court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes:

(a) A dishonorable or bad conduct discharge;

(b) Confinement; or

(c) Hard labor without confinement, reduces that member to pay grade E-1, effective on the date of that approval.

(2) If the sentence of a member who is reduced in pay grade under subdivision (a) of subsection (1) of this section is set aside or disapproved, or, as finally approved, does not include any punishment named in subsection (1) of this section, the rights and privileges of which he was deprived because of that reduction shall be restored to him and he is entitled to the pay and allowances to which he would have been entitled, for the period the reduction was in effect, had he not been so reduced.

Source:Laws 1969, c. 458, § 33, p. 1568.


55-434. Court-martial; error of law; effect.

(1) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.

(2) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.

Source:Laws 1969, c. 458, § 34, p. 1569.


55-435. Court-martial; record; action on.

After a trial by court-martial the record shall be forwarded to the convening authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or any officer exercising court-martial jurisdiction.

Source:Laws 1969, c. 458, § 35, p. 1569.


55-436. Court-martial; records; reference.

The convening authority shall refer the record of each court-martial to his Staff Judge Advocate or legal officer, who shall submit his written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction and shall be forwarded with the record to the State Judge Advocate.

Source:Laws 1969, c. 458, § 36, p. 1569.


55-437. Reconsideration; revision.

(1) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.

(2) Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case, however, may the record be returned:

(a) For reconsideration of a finding of not guilty of any specification, or a ruling which amounts to a finding of not guilty;

(b) For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or

(c) For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.

Source:Laws 1969, c. 458, § 37, p. 1569.


55-438. Rehearing.

(1) If the convening authority disapproves the findings and sentence of a court-martial he may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case he shall state the reasons for disapproval. If he disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges.

(2) Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.

Source:Laws 1969, c. 458, § 38, p. 1570.


55-439. Approval by the convening authority.

In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact and as he in his discretion determines should be approved. Unless he indicates otherwise, approval of the sentence is approval of the findings and sentence.

Source:Laws 1969, c. 458, § 39, p. 1570.


55-440. Disposition of records after review by the convening authority.

When the convening authority has taken final action in a court-martial case, he shall send the entire record, including his action thereon and the opinion or opinions of the Staff Judge Advocate or legal officer, to the State Judge Advocate.

Source:Laws 1969, c. 458, § 40, p. 1571.


55-441. Court of Military Review; members; qualifications; appointment.

The Adjutant General, upon the recommendation of the State Judge Advocate, shall appoint a Court of Military Review consisting of three members each to serve for a term of five years. The members shall be either civilians or commissioned officers of the military forces who are admitted to the bar of the Supreme Court of Nebraska, except that any commissioned officer of the military forces who because of his position as a judge advocate could have a conflict in a review of any proceedings may not be appointed.

Source:Laws 1969, c. 458, § 41, p. 1571.


55-442. Court of Military Review; compensation.

Members of the Court of Military Review shall be paid the sum of fifty dollars per day when sitting and in addition shall be reimbursed for all expenses incurred as provided in sections 81-1174 to 81-1177 for state employees.

Source:Laws 1969, c. 458, § 42, p. 1571; Laws 1981, LB 204, § 98.


55-443. Court of Military Review; powers.

(1) The State Judge Advocate shall refer to the Court of Military Review the complete record of every case of trial by general or special court-martial within thirty days after receiving the record. The referral of the record in summary courts-martial shall be according to the manual for courts-martial adopted pursuant to section 55-426.

(2) In a case referred to it, the Court of Military Review may act only with respect to the findings and sentence as approved by the convening authority. It may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as it finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, it may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses.

(3) If the Court of Military Review sets aside the findings and sentence, it may, except when the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.

(4) The State Judge Advocate shall, unless there is to be further action by the Governor, instruct the convening authority to take action in accordance with the decision of the Court of Military Review. If the Court of Military Review has ordered a rehearing but the convening authority finds a rehearing impracticable, he or she may dismiss the charges.

(5) The State Judge Advocate shall prescribe uniform rules of procedure for the Court of Military Review.

(6) No judge of a Court of Military Review shall be eligible to review the record of any trial if such judge (a) served as investigating officer in the case, (b) served as a member of the court-martial before which such trial was conducted, or (c) served as military judge, trial or defense counsel, or reviewing officer of such trial.

Source:Laws 1969, c. 458, § 43, p. 1571; Laws 1993, LB 170, § 8.


55-444. Counsel for appellant; appointment.

In every case coming before the Court of Military Review, the Court of Appeals, or the Nebraska Supreme Court under the Nebraska Code of Military Justice, the State Judge Advocate shall appoint counsel to represent the accused and such counsel shall be qualified under section 55-423, except that the accused shall have the right to be represented before the Court of Military Review by civilian counsel if provided by the accused.

Source:Laws 1969, c. 458, § 44, p. 1572; Laws 1992, LB 360, § 29.


55-445. Review of cases; procedure.

(1) The accused in cases reviewed by the Court of Military Review shall have thirty days from the time when he or she is notified of the decision of the Court of Military Review to petition the Court of Appeals for a review. Upon petition of the accused and for good cause shown, the appellate court may grant a review of the record. The appellate court shall act upon such petition within ninety days from receipt thereof.

(2) Upon filing the petition in the appellate court, the accused shall on the same date file a notice of his or her intention to appeal with the Court of Military Review, and the Court of Military Review shall within fifteen days forward the complete transcript of the case to the appellate court.

(3) In any case reviewed by it, the appellate court may act only with respect to the findings and sentence as approved by the convening authority and as affirmed or set aside as incorrect in law by the Court of Military Review. In a case reviewed upon the petition of the accused, that action need be taken only with respect to issues specified in the grant of review. The appellate court shall take action only with respect to matters of law.

(4) If the appellate court sets aside the findings and sentence, it may, except when the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.

(5) After it has acted on a case, the appellate court may direct the State Judge Advocate to return the record to the Court of Military Review for further review in accordance with the decision of the appellate court. Otherwise, unless there is to be further action by the Governor, the State Judge Advocate shall instruct the convening authority to take action in accordance with that decision. If the appellate court has ordered a rehearing but the convening authority finds a rehearing impracticable, the State Judge Advocate may dismiss the charges.

Source:Laws 1969, c. 458, § 45, p. 1572; Laws 1991, LB 732, § 119; Laws 1992, LB 360, § 30.


55-446. Sentence; execution.

No court-martial sentence may be executed until approved by the Governor. The Governor shall approve the sentence or such part, amount, or commuted form of the sentence as he sees fit, and may suspend the execution of the sentence or any part of the sentence, as approved by him.

Source:Laws 1969, c. 458, § 46, p. 1573.


55-447. Petition for new trial.

At any time within one year after approval by the convening authority of a court-martial sentence, the accused may petition the State Judge Advocate for a new trial on the ground of newly discovered evidence or fraud on the court. The State Judge Advocate shall refer the petition to the court-martial which last heard the case which shall review the petition and the record and report to the convening authority its recommendation for grant or denial of new trial. If a new trial is recommended, the convening authority shall order a rehearing as provided in section 55-438. Upon filing of the petition for new trial, any proceedings pending upon appeal or review of sentence shall be dismissed.

Source:Laws 1969, c. 458, § 47, p. 1573.


55-448. Principal, defined.

Any person punishable under this code who:

(1) Commits an offense punishable by the provisions of this code, or aids, abets, counsels, commands, or procures its commission; or

(2) Causes an act to be done which if directly performed by him would be punishable by this code, is a principal.

Source:Laws 1969, c. 458, § 48, p. 1574.


55-449. Restoration of rights, privileges, property.

All rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon the new trial or rehearing.

Source:Laws 1969, c. 458, § 49, p. 1574.


55-450. Accessory after the fact, defined.

Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 50, p. 1574.


55-451. Conviction of lesser offense; when.

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.

Source:Laws 1969, c. 458, § 51, p. 1574.


55-452. Attempt to commit an offense.

(1) An act done with specific intent to commit an offense under the code, amounting to more than mere preparation and tending, even though failing, to effect its commission is an attempt to commit that offense.

(2) Any person subject to the code who attempts to commit any offense punishable by the code shall be punished as a court-martial may direct, unless otherwise specifically prescribed.

(3) Any person subject to the code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.

Source:Laws 1969, c. 458, § 52, p. 1574; Laws 2016, LB754, § 15.    
Effective Date: July 21, 2016


55-453. Conspiracy.

Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 53, p. 1574.


55-454. Solicitation for violation of code.

Any person subject to this code who solicits or advises another or others to desert in violation of section 55-457 or mutiny in violation of section 55-466 shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, he shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 54, p. 1575.


55-455. Fraudulent enlistment, appointment, or separation.

Any person who:

(1) Procures his own enlistment or appointment in the military forces by knowingly false representation or deliberate concealment as to his qualifications for that enlistment or appointment and receives pay or allowances thereunder; or

(2) Procures his own separation from the military forces by knowingly false representation or deliberate concealment as to his eligibility for that separation, shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 55, p. 1575.


55-456. Unlawful enlistment, appointment, or separation.

Any person subject to this code who effects an enlistment or appointment in or a separation from the military forces of any person who is known to him to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 56, p. 1575.


55-457. Desertion.

(1) Any member of the military forces who:

(a) Without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently; or

(b) Quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service, is guilty of desertion.

(2) Any commissioned officer of the military forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.

(3) Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 57, p. 1575.


55-458. Absence without leave.

Any member of the military forces who, without authority:

(1) Fails to go to his appointed place of duty at the time prescribed;

(2) Goes from that place; or

(3) Absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed, shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 58, p. 1576.


55-459. Missing movement.

Any person subject to this code who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 59, p. 1576.


55-460. Contempt toward officials.

Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of the Treasury of the United States, or the Governor or Legislature of any state, territory, commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 60, p. 1576.


55-461. Disrespect toward superior commissioned officer.

Any person subject to this code who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 61, p. 1576.


55-462. Superior commissioned officer; assaulting; willfully disobeying.

Any person subject to this code who:

(1) Strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his office; or

(2) Willfully disobeys a lawful command of his superior commissioned officer, shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 62, p. 1576.


55-463. Warrant officer, noncommissioned officer; insubordination.

Any warrant officer or enlisted member who:

(1) Strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of his office;

(2) Willfully disobeys the lawful order of a warrant officer or noncommissioned officer; or

(3) Treats with contempt or is disrespectful in language or deportment toward a warrant officer or noncommissioned officer while that officer is in the execution of his office, shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 63, p. 1577.


55-464. Failure to obey order or resolution.

Any person subject to this code who:

(1) Violates or fails to obey any lawful general order or regulation;

(2) Having knowledge of any other lawful order issued by a member of the military forces, which it is his duty to obey, fails to obey the order; or

(3) Is derelict in the performance of his duties, shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 64, p. 1577.


55-465. Cruelty; maltreatment.

Any person subject to this code who is guilty of cruelty toward or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 65, p. 1577.


55-466. Mutiny; sedition.

(1) Any person subject to this code who:

(a) With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;

(b) With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition; or

(c) Fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.

(2) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 66, p. 1577.


55-467. Resistance; breach of arrest; escape.

Any person subject to this code who resists apprehension or breaks arrest or who escapes from custody or confinement shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 67, p. 1578.


55-468. Seizure of abandoned property.

(1) All persons subject to this code shall give notice and turn over to the proper authority without delay all abandoned property in their possession, custody or control.

(2) Any person subject to this code who:

(a) Fails to carry out the duties prescribed in subsection (1) of this section; or

(b) Engages in looting or pillaging, shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 68, p. 1578.


55-469. Military property of United States; loss, damage, destruction, or wrongful disposition.

Any person subject to this code who, without proper authority:

(1) Sells or otherwise disposes of;

(2) Willfully or through neglect damages, destroys, or loses; or

(3) Willfully or through neglect suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of, any military property of the United States or the State of Nebraska shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 69, p. 1578.


55-470. Drunk or reckless driving.

Any person subject to this code who operates any vehicle while under the influence of alcoholic liquor or any drug, or in a reckless or wanton manner, shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 70, p. 1578.


55-471. Alcoholic liquor; drugs; consumption on duty.

Any person subject to this code who is found under the influence of alcoholic liquor or any drug while on duty, shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 71, p. 1579.


55-472. Misbehavior of sentinel.

Any sentinel or lookout who is found drunk or sleeping upon his post, or leaves it before he is regularly relieved, shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 72, p. 1579.


55-473. Malingering.

Any person subject to this code who for the purpose of avoiding work, duty or service:

(1) Feigns illness, physical disablement, mental lapse or derangement; or

(2) Intentionally inflicts self-injury, shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 73, p. 1579.


55-474. Riot or breach of peace.

Any person subject to this code who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 74, p. 1579.


55-475. Provoking speeches or gestures.

Any person subject to this code who uses provoking or reproachful words or gestures toward any other person subject to this code shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 75, p. 1579.


55-476. Perjury.

Any person subject to this code who in a judicial proceeding or in a court of justice willfully and corruptly gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue or matter of inquiry is guilty of perjury and shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 76, p. 1579.


55-477. Conduct unbecoming an officer and a gentleman.

Any commissioned officer or cadet, who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 77, p. 1579.


55-478. Obtaining property unlawfully.

Any person subject to this code who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind with intent permanently or temporarily to deprive or defraud another person of the use and benefit of property or to appropriate it to his own use or the use of any person other than the owner, is guilty of larceny. Any person found guilty of larceny shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 78, p. 1579.


55-479. Forgery.

Any person subject to this code who, with intent to defraud:

(1) Falsely makes or alters any signature to, or any part of, any writing which would, if genuine, apparently impose a legal liability on another or change his legal right or liability to his prejudice; or

(2) Utters, offers, issues, or transfers such a writing, known by him to be so made or altered, is guilty of forgery and shall be punished as a court-martial may direct.

Source:Laws 1969, c. 458, § 79, p. 1580.


55-480. Disorders and prejudice of good order and discipline.

Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces and crimes and offenses not capital, of which persons subject to this code may be guilty, shall be taken cognizance of by a court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.

Source:Laws 1969, c. 458, § 80, p. 1580; Laws 2015, LB268, § 31;    Referendum 2016, No. 426.

Note: The changes made to section 55-480 by Laws 2015, LB 268, section 31, have been omitted because of the vote on the referendum at the November 2016 general election. This version of section 55-480 is found in the 2010 Reissue of Volume 3B of the Revised Statutes of Nebraska.


55-481. Summarized administrative discipline for minor offenses; procedure; appeal; notice; contents.

(1) Any commanding officer, with regard to enlisted members, and any general officer, with regard to officers, may issue summarized administrative discipline for minor offenses. A minor offense shall be any offense which, under the Uniform Code of Military Justice of the United States, 10 U.S.C. chapter 47, or other military or civilian law or military custom, has a maximum penalty of confinement for one year or less.

(2) In accordance with subsection (1) of this section, any commanding officer or general officer, after consultation with a duly appointed judge advocate in the Nebraska National Guard, may impose one or more of the following disciplinary actions for minor offenses without the intervention of a court-martial:

(a) Upon officers:

(i) Restriction to certain specified limits, with or without suspension from duty, for up to seven days; or

(ii) Forfeiture of pay for up to one day; and

(b) Upon enlisted personnel:

(i) Restriction to certain specified limits, with or without suspension from duty, for not more than seven consecutive days;

(ii) Forfeiture of pay for up to one day; or

(iii) Extra duty not to exceed ten days.

(3) Consecutive summarized administrative discipline for the same offense or incident is not authorized.

(4) The officer who imposes the summarized administrative discipline as provided in subsection (2) of this section, or a successor in command, may, at any time, suspend probationally any part or amount of the unexecuted discipline imposed. In addition, the officer or successor in command may, at any time, remit or mitigate any part or amount of the unexecuted discipline imposed and may set aside in whole or in part the discipline, whether executed or unexecuted, and restore all rights, privileges, and property affected.

(5) A person disciplined under this section who considers his or her discipline unjust or disproportionate to the offense may, within twenty-four hours of the announcement of findings and through the proper channel, appeal to the next superior authority or general officer. The appeal and record of the hearing shall be promptly forwarded and decided, but the person disciplined may in the meantime be required to undergo the discipline adjudged. The superior authority or general officer may exercise the same powers with respect to the discipline imposed as may be exercised under subsection (4) of this section by the officer who imposed the discipline. No appeal may be taken beyond the Adjutant General, and if the Adjutant General proposed the discipline under this section, the person may request reconsideration by the Adjutant General. Only one appeal or request for reconsideration shall be permitted.

(6) The imposition and enforcement of summarized administrative discipline under this section for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission and not properly punishable under this section. The fact that summarized administrative discipline has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.

(7) Any summarized administrative discipline authorized by this section shall be executed within one year of the imposition of the discipline during any one or more periods of military duty.

(8) The enlisted member or officer shall be given twenty-four hours written notice of the intent to impose summarized administrative discipline under this section. Such notice shall include:

(a) The offense committed;

(b) A brief, written summary of the information upon which the allegations are based and notice that the enlisted member or officer may examine the statements and evidence;

(c) The possible disciplinary actions;

(d) An explanation that the rules of evidence do not apply at the hearing and that any testimony or evidence deemed relevant may be considered;

(e) The date, time, and location of the hearing; and

(f) The enlisted member’s or officer's rights, which shall include:

(i) Twenty-four hour notice of the hearing and twenty-four hours to prepare for the hearing, which time shall run concurrently;

(ii) The right to appear personally before the officer proposing the summarized administrative discipline or the officer’s delegate if the officer proposing the discipline is unavailable. The officer proposing such discipline must render findings based upon the record prepared by the delegate;

(iii) To be advised that he or she shall not be compelled to give evidence against himself or herself;

(iv) Notice as prescribed in this subsection;

(v) Examining the evidence presented or considered by the officer proposing the discipline;

(vi) Presenting matters in defense, extenuation, and mitigation orally, in writing, or both;

(vii) Presenting witnesses that are reasonably available. A witness is not reasonably available if his or her presence would unreasonably delay the hearing, there is a cost to the government, or military duty precludes a military member’s participation in the opinion of such military member's commander;

(viii) Consultation prior to the hearing with a trial defense attorney appointed in the Nebraska National Guard, if he or she is reasonably available. A trial defense attorney is not reasonably available if his or her presence would unreasonably delay the hearing, there is a cost to the government to make him or her available, or other military duties or civilian employment precludes such trial defense attorney's participation, in the opinion of such trial defense attorney. Consultation with the trial defense attorney may be through personal contact, telephonic communication, or other electronic means available at no cost to the government;

(ix) To have an open hearing; and

(x) To waive in writing or at the hearing any or all of the enlisted member’s or officer's rights.

(9) After considering the evidence, the officer proposing the discipline shall (a) announce the findings in writing with regard to each allegation, (b) inform the enlisted member or officer of the discipline imposed, if any, and (c) advise the enlisted member or officer of his or her right to appeal.

(10) The Adjutant General may adopt and promulgate regulations or policies to implement this section.

Source:Laws 2016, LB754, § 10.    
Effective Date: July 21, 2016


55-501. Act, how cited.

Sections 55-501 to 55-507 shall be known and may be cited as the Family Military Leave Act.

Source:Laws 2007, LB497, § 1.    


55-502. Terms, defined.

For purposes of the Family Military Leave Act:

(1) Employee means any person who may be permitted, required, or directed by an employer in consideration of direct or indirect gain or profit to engage in any employment. Employee does include an independent contractor. Employee includes an employee of a covered employer who has been employed by the same employer for at least twelve months and has been employed for at least one thousand two hundred fifty hours of service during the twelve-month period immediately preceding the commencement of the leave;

(2) Employee benefits means all benefits, other than salary and wages, provided or made available to employees by an employer and includes group life insurance, health insurance, disability insurance, and pensions, regardless of whether benefits are provided by a policy or practice of an employer;

(3) Employer means (a) any individual, legal representative, partnership, limited liability company, corporation, association, business trust, or other business entity and (b) the State of Nebraska and political subdivisions; and

(4) Family military leave means leave requested by an employee who is the spouse or parent of a person called to military service lasting one hundred seventy-nine days or longer with the state or United States pursuant to the orders of the Governor or the President of the United States.

Source:Laws 2007, LB497, § 2.    


55-503. Family military leave authorized; conditions.

(1) Any employer that employs between fifteen and fifty employees shall provide up to fifteen days of unpaid family military leave to an employee during the time federal or state deployment orders are in effect, subject to the conditions set forth in this section.

(2) An employer that employs more than fifty employees shall provide up to thirty days of unpaid family military leave to an employee during the time federal or state deployment orders are in effect, subject to the conditions set forth in this section.

(3) The employee shall give at least fourteen days' notice of the intended date upon which the family military leave will commence if leave will consist of five or more consecutive work days. Where able, the employee shall consult with the employer to schedule the leave so as to not unduly disrupt the operations of the employer. Employees taking family military leave for less than five consecutive days shall give the employer advanced notice as is practicable. The employer may require certification from the proper military authority to verify the employee's eligibility for the family military leave requested.

Source:Laws 2007, LB497, § 3.    


55-504. Employee exercising right to family military leave; rights; continuation of benefits.

(1) Any employee who exercises the right to family military leave under the Family Military Leave Act, upon expiration of the leave, shall be entitled to be restored by the employer to the position held by the employee when the leave commenced or to a position with equivalent seniority status, employee benefits, pay, and other terms and conditions of employment. This section does not apply if the employer proves that the employee was not restored because of conditions unrelated to the employee's exercise of rights under the act.

(2) During any family military leave taken under the act, the employer shall make it possible for employees to continue their benefits at the employee's expense. The employer and employee may negotiate for the employer to maintain benefits at the employer's expense for the duration of the leave.

Source:Laws 2007, LB497, § 4.    


55-505. Loss of certain employee benefits prohibited; act; how construed.

(1) Taking family military leave under the Family Military Leave Act shall not result in the loss of any employee benefit accrued before the date on which the leave commenced.

(2) Nothing in the act shall be construed to affect an employer's obligation to comply with any collective-bargaining agreement or employee benefit plan that provides greater leave rights to employees than the rights provided under the act.

(3) The family military leave rights provided under the act shall not be diminished by any collective-bargaining agreement or employee benefit plan.

(4) Nothing in the act shall be construed to affect or diminish the contract rights or seniority status of any other employee of any employer covered under the act.

Source:Laws 2007, LB497, § 5.    


55-506. Employer; actions prohibited.

(1) An employer shall not interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided under the Family Military Leave Act.

(2) An employer shall not discharge, fine, suspend, expel, discipline, or in any other manner discriminate against any employee who exercises any right provided under the act.

(3) An employer shall not discharge, fine, suspend, expel, discipline, or in any other manner discriminate against any employee for opposing any practice made unlawful by the act.

Source:Laws 2007, LB497, § 6.    


55-507. Civil action authorized; remedies authorized.

A civil action may be brought in the district court having jurisdiction by an employee to enforce the Family Military Leave Act. The district court may enjoin any act or practice that violates or may violate the Family Military Leave Act and may order any other equitable relief that is necessary and appropriate to redress the violation or to enforce the act.

Source:Laws 2007, LB497, § 7.    


55-601. Commission on Military and Veteran Affairs; created; members; terms; vacancy.

(1) The Commission on Military and Veteran Affairs is created. The commission shall consist of the following voting members:

(a) The Director of Economic Development;

(b) The Adjutant General or his or her designee;

(c) The Director of Veterans’ Affairs; and

(d) Three residents of the State of Nebraska, one from each congressional district. At least one of the three residents shall have current or prior military experience and at least one shall have a background in business.

(2) The commission shall have the following nonvoting, ex officio members:

(a) The chair of the State Committee of Employer Support of the Guard and Reserve;

(b) The commander of the 55th Wing of the Air Combat Command or his or her designee;

(c) The commander of the United States Strategic Command or his or her designee; and

(d) The commander of the 557th Weather Wing of the United States Air Force or his or her designee.

(3) The members of the commission described in subdivision (1)(d) of this section shall be appointed by the Governor. The Governor shall designate the initial terms of the members described in subdivision (1)(d) of this section so that one member serves for a term of two years, one member serves for a term of three years, and one member serves for a term of four years. Succeeding appointments shall be for terms of four years and shall be made in the same manner as the original appointments. The terms of the members shall begin on October 1 of the year in which they are appointed unless appointed to fill a vacancy. Appointments to fill a vacancy, occurring other than by the expiration of a term of office, shall be made for the unexpired term of the member whose office is vacated.

Source:Laws 2016, LB754, § 1.    
Effective Date: July 21, 2016


55-602. Commission on Military and Veteran Affairs; powers and duties.

The Commission on Military and Veteran Affairs shall have the authority to receive and administer funds from state, federal, and other sources. Additionally, the commission shall:

(1) Address matters of military significance to Nebraska;

(2) Maintain a cooperative and constructive relationship between state agencies and the military and veteran entities in Nebraska as necessary to ensure coordination and implementation of unified and comprehensive statewide strategies involved with, or affected by, the military;

(3) Focus on and, when designated, serve as lead agency on:

(a) Defense economic adjustment and transition information and activities;

(b) Exploring operating costs, missions, and strategic value of federal military installations located in the state;

(c) Employment issues for communities that depend on defense bases and defense-related businesses; and

(d) Assistance provided to communities that have experienced a defense-related closure or realignment;

(4) Advise the Governor, the Legislature, and other appropriate governmental officials on all matters in which the military services and the state have mutual interests, needs, and concerns;

(5) Promote and optimize state and United States Department of Defense initiatives that will improve the military value of the Nebraska National Guard, active and reserve military force structure and installations, and the quality of life for military personnel residing in Nebraska;

(6) Partner with local communities to conduct ongoing analyses of current and proposed changes to the mission, military force structure, and alignment of the United States Department of Defense;

(7) Recommend state, federal, and local economic development projects to promote, foster, and support economic progress through a military presence in Nebraska;

(8) Assist the private sector in developing derivative investments, employment, and educational opportunities associated with high technology programs and activities at Nebraska’s military installations;

(9) Partner with local communities to develop methods to improve private and public employment opportunities for former members of the military and their families residing in this state; and

(10) Identify and support ways to provide sound infrastructure, adequate housing, education, and transition support into Nebraska’s workforce for military members and their families, retired military personnel, and veterans.

Source:Laws 2016, LB754, § 2.    
Effective Date: July 21, 2016


55-603. Commission on Military and Veteran Affairs; officers; meetings; records.

The Commission on Military and Veteran Affairs shall elect a chairperson, vice-chairperson, and secretary from among its members.

The commission shall meet two times each year at such times and places as shall be determined by the chairperson and shall keep a record of its proceedings. The chairperson may call special meetings at any time he or she deems necessary. The secretary shall mail written notice of the time and place of all meetings in advance to each voting and nonvoting, ex officio member of the commission. The secretary shall also provide notice of all meetings as provided under section 84-1411.

Source:Laws 2016, LB754, § 3.    
Effective Date: July 21, 2016


55-604. Commission on Military and Veteran Affairs; expenses.

(1) Members of the Commission on Military and Veteran Affairs shall receive no compensation for their services as members of the commission other than their salary, but shall be reimbursed for actual and necessary expenses.

(2) Reimbursement for expenses shall be as provided in sections 81-1174 to 81-1177.

Source:Laws 2016, LB754, § 4.    
Effective Date: July 21, 2016


55-605. Military affairs liaison; duties.

(1) The Department of Veterans' Affairs shall hire a military affairs liaison for the Commission on Military and Veteran Affairs and fix his or her salary. The department shall provide administrative support to the commission as needed. The liaison shall have military experience and serve at the pleasure of the commission. The liaison shall not be subject to Chapter 81, article 13.

(2) The liaison shall be responsible for the administrative operations of the commission and shall perform such other duties as may be delegated or assigned by the commission.

(3) The commission may obtain the services of experts and consultants as necessary to carry out its duties.

Source:Laws 2016, LB754, § 5.    
Effective Date: July 21, 2016


55-606. Report; contents.

The Commission on Military and Veteran Affairs shall prepare an annual report summarizing the military assets of Nebraska, including installations and missions, and the economic impact of the military assets in Nebraska. The report shall also include recommendations for preserving and sustaining military assets and missions existing in Nebraska and recommendations for actions which the state can take to encourage expanding such assets and missions. The commission shall submit the report electronically to the Legislature, the Governor, and the commanding officer of every military base in Nebraska on or before November 15 of each year.

Source:Laws 2016, LB754, § 6.    
Effective Date: July 21, 2016