This provision defines key terms for disaster-response business rules and allows the Governor to extend the disaster period when warranted.
For purposes of the Facilitating Business Rapid Response to State Declared Disasters Act: (1) Declared state disaster or emergency means a disaster or emergency event (a) for which a Governor's state of emergency proclamation has been issued or (b) that the President of the United States has declared to be a major disaster or emergency; (2) Disaster period means the period of time that begins ten days before the Governor's proclamation of a state of emergency or the declaration by the President of the United States of a major disaster or emergency, whichever occurs first, and extending for a period of sixty calendar days following the end of the period specified in the proclamation or declaration or sixty calendar days after the proclamation or declaration if no end is provided. The Governor may extend the disaster period as warranted; (3) Infrastructure means real and personal property, including buildings, offices, power lines, cable lines, poles, communication lines, pipes, structures, equipment, and related support facilities, owned or used by a public utility, communications network, broadband or Internet service provider, cable or video service provider, natural gas distribution system, or water pipeline that provides service to more than one customer or person; (4)(a) Out-of-state business means a business entity: (i) That does not have a presence in the state; (ii) That does not conduct business in the state; (iii) That has no registrations, tax filings, or nexus in the state before the declared state disaster or emergency; and (iv) Whose assistance in repairing, renovating, installing, or building infrastructure or rendering services or other business activities related to a declared state disaster or emergency is requested by the state, a county, city, village, or other political subdivision of the state, or a registered business that owns or uses infrastructure. (b) Out-of-state business includes a business entity that is affiliated with a registered business solely through common ownership as long as that business entity does not have any registrations, tax filings, or nexus in the state before the declared state disaster or emergency. For purposes of this section, a prior registration as an out-of-state business for a declared state disaster or emergency shall not be considered a registration in this state; (5) Out-of-state employee means a nonresident individual who does not work in the state except for disaster or emergency related work during a disaster period; and (6) Registered business means a business entity that is registered or licensed to do business in the state before the declared state disaster or emergency. History: Laws 2016, LB913, § 2.