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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1256
FINAL READING
Introduced by Cavanaugh, J., 9.
Read first time January 21, 2026
Committee: Government, Military and Veterans Affairs
A BILL FOR AN ACT relating to the Emergency Management Act; to amend1
section 81-829.39, Reissue Revised Statutes of Nebraska; to redefine2
a term; and to repeal the original section. 3
Be it enacted by the people of the State of Nebraska,4
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Section 1. Section 81-829.39, Reissue Revised Statutes of Nebraska,1
is amended to read: 2
81-829.39 For purposes of the Emergency Management Act, unless the3
context otherwise requires: 4
(1) Civil defense emergency means an emergency declared by the5
President of the United States or Congress pursuant to applicable federal6
law finding that an attack upon the United States has occurred or is7
anticipated and that the national safety therefor requires the invocation8
of the emergency authority provided for by federal law. Civil defense9
emergency also means an enemy attack or other hostile action within the10
State of Nebraska or a determination by the President of the United11
States that any attack has been made upon or is anticipated within a12
designated geographic area which includes all or a part of the State of13
Nebraska. Any such emergency shall terminate in the manner provided by14
federal law or by proclamation of the Governor or resolution of the15
Legislature terminating such emergency; 16
(2) Disaster means any event or the imminent threat thereof causing17
widespread or severe damage, injury, or loss of life or property18
resulting from any natural or manmade cause; 19
(3) Emergency means any event or the imminent threat thereof causing20
serious damage, injury, or loss of life or property resulting from any21
natural or manmade cause which, in the determination of the Governor or22
the principal executive officer of a local government, requires immediate23
action to accomplish the purposes of the Emergency Management Act and to24
effectively respond to the event or threat of the event;25
(4) Emergency management means the preparation for and the carrying26
out of all emergency functions, other than functions for which military27
forces are primarily responsible, to mitigate, prevent, minimize, respond28
to, and recover from injury and damage resulting from disasters,29
emergencies, or civil defense emergencies. Emergency management functions30
include, but need not be limited to, firefighting services, police31
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services, medical and health services, search and rescue services,1
engineering services, communications and warning systems, radiological2
preparedness, hazardous materials response, evacuation of persons from3
stricken areas, emergency welfare services, emergency transportation4
services, restoration of public utility services, snow and ice removal,5
flood management, and other functions related to civilian protection,6
together with all other activities necessary or incidental to the7
preparation for and carrying out of the functions listed in this8
subdivision; 9
(5) Emergency management worker includes any full-time or part-time10
paid, volunteer, or auxiliary employee of this state or other states,11
territories, or possessions of the federal government or any neighboring12
country or of any political subdivision thereof, of the District of13
Columbia, or of any agency or organization performing emergency14
management services at any place in this state subject to the order or15
control of or pursuant to a request of the state government or any16
political subdivision thereof and also includes instructors and students17
in emergency management educational programs approved by the Nebraska18
Emergency Management Agency or otherwise under the provisions of the19
Emergency Management Act; 20
(6) Hazard mitigation means measures which will eliminate or reduce21
the potential for damage to an area or facility from the effects of a22
future disaster, emergency, or civil defense emergency;23
(7) Local government means a county, village, or city of any class;24
(8) Political subdivision means a city, village, county, school25
district, public power district, natural resources district, and any26
other unit of government below the state level, including any entity27
created pursuant to the Interlocal Cooperation Act or the Joint Public28
Agency Act; 29
(9) Principal executive officer means the mayor in a city of any30
class or the elected chairperson of the governing body of a village or31
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county; 1
(10) State emergency response team means an organization for2
emergency management established in accordance with the provisions of3
sections 81-829.52 to 81-829.54 by state authority to supplement city,4
village, county, or interjurisdictional emergency management5
organizations in a stricken area; and 6
(11) Technological hazard means a hazard emanating from the7
manufacture, transportation, and use of such substances as radioactive8
materials, chemicals, explosives, flammables, agricultural pesticides,9
herbicides, disease agents, oil spills, and debris from space.10
Sec. 2. Original section 81-829.39, Reissue Revised Statutes of11
Nebraska, is repealed. 12
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