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Selected Laws Pertaining to Nebraska Firefighters & Fire

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Selected Laws Pertaining to Nebraska Firefighters & Fire 10/11 SELECTED LAWS PERTAINING TO NEBRASKA FIREFIGHTERS & FIRE DEPARTMENTS LAWS PERTAINING TO NEBRASKA FIRE DEPARTMENTS October, 2011 Prepared by Nebraska Forest Service - Wildland Fire Protection Section George J. Teixeira II, Fire Resource Manager Nebraska Forest Service - Fire Control Institute of Agriculture and Natural Resources University of Nebraska - Lincoln 101 Forestry Hall - East Campus Post Office Box 830815 Lincoln, Nebraska 68583-0815 Office - 402-472-2944 - FAX - 402-472-2964 www.nfs.unl.edu The University of Nebraska-Lincoln does not discriminate based on gender, age, disability, race, color, religion, marital status, veteran’s status, national or ethnic origin or sexual orientation. The Nebraska Forest Service is a part of the University of Nebraska-Lincoln SELECTED LAWS PERTAINING TO NEBRASKA FIREFIGHTERS CONTENTS The Nebraska statutes contained in this handbook reflect actions taken through the end of the 2011 regular legislative session. Nebraska Laws: Cities, Counties and Political Subdivisions ...................................................................... [13-303] Nebraska Budget Act ........................................................................................................ [13-501 - 13-601] Interlocal Cooperation Act .............................................................................................. [13-801 - 13-807] Political Subdivisions Tort Claims Act ............................................................................ [13-901 - 13-903, 13-1801] Local Government Miscellaneous Expenditure Act ......................................................... [13-2202 - 13-2204] Emergency Response Systems, Employment of Full-time Fire Chief ............................. [16-222.01 – 16-222.03] Serving Outside City Limits; Contracts............................................................................ [18-1706 - 18-1710] Fire Training School ......................................................................................................... [18-1712 - 18-1714] Sinking Funds, Cities and Villages .................................................................................. [19-1301 - 1304] Annexation of Territory by a City or Village ................................................................... [31-763 - 31-766] Multiple office holding; when allowed ............................................................................ [32-604] Fire Companies and Firefighters ...................................................................................... [Chapter 35] Volunteer Fire Companies ................................................................................................ [35-101 - 35-108] Hours of Duty Of Firefighters .......................................................................................... [35-302] Rural and Suburban Fire Protection Districts ................................................................... [35-501 - 35-536] Emergency Firefighting .................................................................................................... [35-601 - 35-603] Clothing and Equipment ................................................................................................... [35-801] Volunteer Fire and Rescue Departments .......................................................................... [35-901] Death or Disability as a result of cancer ........................................................................... [35-1001] Fire Recognition Day ....................................................................................................... [35-1101] Mutual Assistance Finance Act ........................................................................................ [35-1201] Volunteer Emergency Responders Recruitment and Retention Act ................................. [35-1301 - 35-1330] Volunteer Emergency Responders Job Protection Act ..................................................... [35-1401 – 35-1408] Worker’s Compensation ................................................................................................... [48-115] Mental Health …………………………………………………………………………. [48-101.01] Liquors .............................................................................................................................. [53-186] Military Leave of Absence ............................................................................................... [55-160 - 55-165] Exemption ........................................................................................................................ [55-174] Proof of Financial Responsibility (Vehicle Liability) ...................................................... [60-528] Individual Liability ........................................................................................................... [71-5194] Automated External Defibrillator; Use; Conditions; Liability ......................................... [71-51,102] Property Tax Levies ......................................................................................................... [77-3442 - 77-3446] Fires;investigation by city or county authorities;reports to State Fire Marshal required [81-506] Open Burning ................................................................................................................... [81-520.01 - 81.520.02] State Administrative Department ..................................................................................... [81-829.65] Public Meetings ................................................................................................................ [84-1401 - 84-1414] In the Line of Duty Dependant Education Benefit……………………………………. [85-2304 – 2306] Telecommunications, 911 Emergency Telephone Systems ............................................. [86-435] Federal Laws: Mutual Aid ....................................................................................................................... [Public Law 46, Chap 105] Federal Fire Prevention and Control Act of 1974 ............................................................ [Public Law 95-313] Reimbursement For Costs of Firefighting on Federal Property ...................................... [Public Law 93-498] Cities, Counties and Other Political Subdivisions [13-303] 13-303. Counties, cities, and villages; contract; agreement; hearing; notice; cost; levy; fee. The county boards of counties and the governing bodies of cities and villages may establish an emergency medical service, including the provision of scheduled and unscheduled ambulance service, as a governmental service either within or without the county or municipality, as the case may be. The county board or governing body may contract with any city, person, firm, or corporation licensed as an emergency medical service for emergency medical care by out-of-hospital emergency care providers. Each may enter into an agreement with the other under the Interlocal Cooperation Act or Joint Public Agency Act for the purpose of establishing an emergency medical service or may provide a separate service for itself. Public funds may be expended therefor, and a reasonable service fee may be charged to the user. Before any such service is established under the authority of this section, the county board or the governing bodies of cities and villages shall hold a public hearing after giving at least ten days' notice thereof, which notice shall include a brief summary of the general plan for establishing such service, including an estimate of the initial cost and the possible continuing cost of operating such service. If the board or governing body after such hearing determines that an emergency medical service for emergency medical care by out-of-hospital emergency care providers is needed, it may proceed as authorized in this section. The authority granted in this section shall be cumulative and supplementary to any existing powers heretofore granted. Any county board of counties and the governing bodies of cities and villages may pay their cost for such service out of available general funds or may levy a tax for the purpose of providing the service, which levy shall be in addition to all other taxes and shall be in addition to restrictions on the levy of taxes provided by statute, except that when a fire district provides the service the county shall pay the cost for the county service by levying a tax on that property not in a fire district providing the service. The levy shall be subject to section 77-3443. Source: Laws 1967, c. 111, § 1, p. 359; Laws 1973, LB 239, § 1; Laws 1978, LB 560, § 2; R.S.1943, (1983), § 23- 378; Laws 1996, LB 1114, § 25; Laws 1997, LB 138, § 31; Laws 1999, LB 87, § 51; Laws 2001, LB 808, § 1; Cross Reference Interlocal Cooperation Act, see section 13-801. Joint Public Agency Act, see section 13-2501. Nebraska Budget Act [13-501 - 13-601] 13-501 - Act, how cited. Sections 2-958, 3-504, 12-914, 13-501 to 13-512, 16-702, 16-706, 16-718, 17-702, 17-703, 17-708, 17-711, 17-715, 17-718, 18-1006, 19-1302, 23-132, 23-904, 23-920, 23-3519, 23-3552, 31-513, 35-509, 39- 1621, 39-1634, 46-543, 46-544, 71-1611, 79-1083, 79-10,126, and 79-1225 shall be known and may be cited as the Nebraska Budget Act. Source: Laws 1969, c. 145, § 50, p. 701; R.S.1943, (1983), § 23-933; Laws 1992, LB 1063, § 2; Laws 1992, Second Spec. Sess., LB 1, § 2; Laws 1993, LB 310, § 1; Laws 1993, LB 734, § 15; Laws 1994, LB 1257, § 2; Laws 1996, LB 900, § 1017; Laws 1997, LB 250, § 1; Laws 1997, LB 397, § 1; Laws 1999, LB 86, § 2; Laws
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