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
Cross References
Annotations
Active duty for emergency military duty in this section does not include the "additional leave of absence" authorization contemplated in section 55-160. King v. School Dist. of Omaha, 197 Neb. 303, 248 N.W.2d 752 (1976).
Structure Nebraska Revised Statutes
55-101 - Military code; how cited.
55-102 - Military code; contents.
55-103 - Military code; legislative intent.
55-104 - Military code; definitions.
55-105 - Militia; classes, defined.
55-106 - Militia; persons subject to duty; exemptions.
55-107 - National Guard Reserve.
55-108 - National Guard; organization; federal regulations.
55-109 - National Guard; units; location.
55-110 - National Guard; uniform; arms; equipment.
55-111 - National Guard; units; inspection.
55-112 - Military property; custody and care; violation; penalty.
55-113 - National Guard; drills; encampments; maneuvers.
55-114 - National Guard; annual encampment; attendance.
55-115 - Militia; commander in chief; powers.
55-116 - Militia; state of insurrection; power of Governor to proclaim.
55-117 - Militia; National Guard; induction into actual service; occasions.
55-118 - Militia; draft for service; apportionment.
55-119 - Militia; rules and regulations.
55-120 - National Guard; Military Department; officers; personnel; rank.
55-122 - Adjutant General; powers and duties.
55-122.01 - Adjutant General; military ceremonies and honors; duties; provide flag; when.
55-123 - Adjutant General; disbursing officer; bond or insurance.
55-125 - Adjutant General; assistants; qualifications.
55-126 - Adjutant General; assistants; duties; bond or insurance; salary.
55-127 - United States property and fiscal officer; duties; bond or insurance.
55-128 - Adjutant General; seal.
55-129 - Adjutant General; reports.
55-132 - Adjutant General; armories; rifle ranges; control; management; rental.
55-134 - National Guard; composition; discrimination prohibited.
55-135 - National Guard; personnel; number; grade; service.
55-136 - National Guard; officers; qualifications; service; discharge.
55-137 - National Guard; officers; commissions.
55-138 - National Guard; officers; selection; separation.
55-139 - National Guard; officers; powers and duties.
55-139.01 - National Guard; peace officer; powers.
55-140 - National Guard; oaths; commissioned officers may administer.
55-141 - Militia; commissioned officers; power of arrest.
55-141.01 - Transferred to section 55-124.
55-143 - National Guard; officers; fitness; determination.
55-144 - National Guard; officers; resignation.
55-145 - National Guard; officers; resignations; acceptance; limitations.
55-146 - National Guard; personnel; ordered to active duty; limitations.
55-147 - National Guard; officers; retired at higher grade, when.
55-149 - National Guard; arms; supplies; issuance.
55-150 - National Guard; officers; bond or insurance; amount; conditions.
55-151 - National Guard; enlistments; reenlistments; how made; qualifications.
55-152 - National Guard; federal service; termination; enlistments unaffected.
55-153 - National Guard; continuous service, defined.
55-154 - Militia; enlistments; length.
55-155 - National Guard; enlisted personnel; discharge.
55-156 - National Guard; dishonorable discharge; effect; posting.
55-157.02 - Recruiting; strength maintenance; expenditure of funds; Adjutant General; supervise.
55-157.03 - Incentive payments; purpose; restrictions.
55-158 - Compensation; payment.
55-160 - Military leave of absence without loss of pay; limitations.
55-161 - Military leave of absence; rights of officer or employee.
55-161.02 - Officers and employees of state; employer; granting of rights of veteran; effect.
55-164 - Military leave of absence; damages for noncompliance.
55-165 - Military leave of absence; violation; penalty.
55-167 - Member of military forces; active service; exempt from arrest on civil process.
55-168 - Militia; active service; civil and criminal liability; immunity.
55-169 - Militia; action or proceeding against member on active service; bond; conditions.
55-170 - Militia; action or proceeding against member on active service; change of venue.
55-171 - Militia; action or proceeding against member on active service; legal counsel; expense.
55-173 - National Guard; Nebraska State Guard; labor service; jury service; exemptions.
55-174 - National Guard; fire department or district membership or service; effect on duty.
55-175 - National Guard; members in uniform; failure to admit or serve; penalty.
55-176 - Transferred to section 28-1481.
55-177 - Transferred to section 28-1482.
55-178 - National Guard; payrolls; certification; transmission.
55-179 - National Guard; vouchers; payrolls; payment; warrants.
55-180 - National Guard; encampment; commanding officer; powers; duties.
55-181 - Department; contract with Nebraska Wing of Civil Air Patrol; purposes; funding agreement.
55-182 - Nebraska National Guard; rights.
55-201 - Nebraska State Guard; when called into service; organization.
55-202 - Rules and regulations; acceptance of gratuities; conditions.
55-203 - Commissions; enlistments; qualifications.
55-204 - Commissions; conviction of felony; effect; fingerprints.
55-205 - Enlistment; term; oath.
55-207 - Members; compensation.
55-208 - Equipment; facilities.
55-212 - Service within state; exceptions.
55-213 - Fugitive; apprehension in another state; duty.
55-214 - Fugitive to this state; capture authorized.
55-215 - Fugitive to this state; apprehension; surrender to local authorities.
55-216 - Fugitive to this state; sections, how construed.
55-217 - Federal service; treatment of guard members.
55-218 - Civil organizations; not eligible for enlistment.
55-403 - Code; persons subject to.
55-404 - Fraudulent discharge; deserters; trial by court-martial.
55-407 - State Judge Advocate; appointment.
55-408 - Staff Judge Advocates; duties; restrictions.
55-409 - Apprehension of persons.
55-410 - Apprehension of deserters.
55-411 - Imposition of restraint.
55-412 - Restraint of persons charged with offenses.
55-413 - Confinement and imprisonment other than in guardhouse.
55-414 - Reports and receiving of prisoners.
55-415 - Manual for Courts-Martial, United States; applicability.
55-416 - Commanding officer's nonjudicial punishment.
55-417 - Court-martial, defined; jurisdiction.
55-418 - Court-martial; jurisdiction.
55-419 - Court-martial; jurisdiction; not exclusive.
55-420 - Court-martial; who may convene.
55-421 - Court-martial; members; eligibility.
55-422 - Court-martial; military judge; qualifications.
55-423 - Court-martial; trial counsel; defense counsel; detail.
55-424 - Court-martial; reports; interpreters; detail.
55-425 - Court-martial; absent members; new members; disability of military judge; effect.
55-426 - Court-martial; pretrial; trial; procedures applicable.
55-427 - Statute of limitations.
55-428 - Witness; failure to appear; procedure.
55-429 - Cruel and unusual punishment, prohibited.
55-430 - Punishment; limitation.
55-431 - Sentences; effective date.
55-432 - Confinement; execution.
55-433 - Sentences; reduction in grade.
55-434 - Court-martial; error of law; effect.
55-435 - Court-martial; record; action on.
55-436 - Court-martial; records; reference.
55-437 - Reconsideration; revision.
55-439 - Approval by the convening authority.
55-440 - Disposition of records after review by the convening authority.
55-441 - Court of Military Review; members; qualifications; appointment.
55-442 - Court of Military Review; compensation.
55-443 - Court of Military Review; powers.
55-444 - Counsel for appellant; appointment.
55-445 - Review of cases; procedure.
55-447 - Petition for new trial.
55-449 - Restoration of rights, privileges, property.
55-450 - Accessory after the fact, defined.
55-451 - Conviction of lesser offense; when.
55-452 - Attempt to commit an offense.
55-454 - Solicitation for violation of code.
55-455 - Fraudulent enlistment, appointment, or separation.
55-456 - Unlawful enlistment, appointment, or separation.
55-458 - Absence without leave.
55-460 - Contempt toward officials.
55-461 - Disrespect toward superior commissioned officer.
55-462 - Superior commissioned officer; assaulting; willfully disobeying.
55-463 - Warrant officer, noncommissioned officer; insubordination.
55-464 - Failure to obey order or resolution.
55-465 - Cruelty; maltreatment.
55-467 - Resistance; breach of arrest; escape.
55-468 - Seizure of abandoned property.
55-469 - Military property of United States; loss, damage, destruction, or wrongful disposition.
55-470 - Drunk or reckless driving.
55-471 - Alcoholic liquor; drugs; consumption on duty.
55-472 - Misbehavior of sentinel.
55-474 - Riot or breach of peace.
55-475 - Provoking speeches or gestures.
55-477 - Conduct unbecoming an officer and a gentleman.
55-478 - Obtaining property unlawfully.
55-480 - Disorders and prejudice of good order and discipline.
55-503 - Family military leave authorized; conditions.
55-504 - Employee exercising right to family military leave; rights; continuation of benefits.
55-505 - Loss of certain employee benefits prohibited; act; how construed.
55-506 - Employer; actions prohibited.
55-507 - Civil action authorized; remedies authorized.
55-601 - Commission on Military and Veteran Affairs; created; members; terms; vacancy.
55-602 - Commission on Military and Veteran Affairs; powers and duties.
55-603 - Commission on Military and Veteran Affairs; officers; meetings; records.
55-604 - Commission on Military and Veteran Affairs; expenses.
55-605 - Military affairs liaison; duties.
55-703 - Civil action; relief available.
55-704 - Nebraska National Guard; duties.
55-801 - United States Space Command Headquarters Assistance Fund; created; use; investment.
55-901 - Military Base Development and Support Fund; created; use; investment; matching funds.