§ 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.

Legislative History

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: "This code", see section 55-101. 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).