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LB 133

Provide authority for animal control officers to enforce state or local animal control laws and provide immunity

109th Legislature (2025-2026) Introduced by Rick Holdcroft

LB 133 expands local animal control officers’ enforcement power, authorizing investigations, warrants, seizures, and citations, with limited immunity from property damage.

Approved by Governor on May 20, 2025
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Bill Summary · LB 133

Summary — LB 133 (2025)

Title: Provide authority for animal control officers to enforce state or local animal control laws and provide immunity
Introduced: January 13, 2025 (Sen. Rick Holdcroft) · Approved by Governor: May 20, 2025 · Final Reading: May 14, 2025 (42–7–0) · Emergency clause included

Main purpose

LB 133 amends Nebraska’s animal welfare statutes to expressly recognize and define "animal control officer" and to authorize such officers — when authorized by a city, village, or county — to perform specified enforcement functions under state and local animal control laws. The bill also grants limited immunity from property-damage liability to animal control officers acting under the law.

Key provisions and changes

  • Amends sections 28-1008, 28-1012, 28-1012.01, and 28-1019, R.S. Cumulative Supplement, 2024.
  • Defines "animal control officer" as a person authorized by a city, village, or county to enforce state or local animal control laws, rules, regulations, resolutions, or ordinances (new definition added to 28-1008).
  • Expands the meaning/use of "law enforcement officer" in the relevant animal-welfare chapters to include animal control officers for the limited purposes of those statutory provisions (sections 28-1008 to 28-1017, 28-1019, and 28-1020).
  • Grants animal control officers the authority to:
    • Seek search warrants and, when appropriate, enter private property (when accompanied by a law enforcement officer) to inspect, care for, or impound animals (28-1012).
    • Conduct prompt investigations and, instead of arrest, issue citations under criminal citation statutes (28-1012).
    • Seize animals and related equipment involved in violations; seized animals may be retained by the seizing agency pending judicial disposition (28-1012 & 28-1012.01).
  • Procedural requirements for seized animals:
    • County attorney must file for a hearing within 10 business days after seizure to determine disposition and care costs.
    • Court may order immediate forfeiture and authorize disposition (adoption, donation to licensed shelters, humane destruction, etc.) and may consider adoption only to entities meeting licensing/inspection requirements under the Commercial Dog and Cat Operator Inspection Act.
  • Immunity: Any law enforcement officer or animal control officer acting under these sections is not liable for property damage resulting from their actions unless the damage is due to their negligence.
  • Emergency clause: the act takes effect immediately upon approval.

Who is affected

  • Animal control officers employed or authorized by municipalities or counties — they gain explicit statutory enforcement authority and limited immunity.
  • Municipalities and counties — will designate/authorize officers and may see changes in local enforcement practices.
  • Pet owners, custodians, and animal custodians — affected by expanded enforcement, seizure, and forfeiture procedures.
  • County attorneys and courts — responsible for prompt hearings and disposition decisions for seized animals.
  • Humane societies and shelters — may receive animals through court-ordered forfeiture but must meet licensing/inspection requirements to receive animals via adoption routes.

Amendments and legislative process notes

  • Judiciary Committee Amendment AM251 (adopted) inserted the new "animal control officer" definition and explicitly included animal control officers alongside law enforcement officers in statutory enforcement provisions (enabled to seek warrants, investigate, issue citations, seize animals).
  • An additional amendment (McKinney AM1116) that would have tied authority to equivalent law-enforcement training was filed but withdrawn before final enrollment.
  • Advanced through Judiciary Committee (hearing Jan 22, 2025), placed on General and Final Reading, passed Final Reading May 14, 2025 (42–7–0), presented to Governor May 14, and approved May 20, 2025. The emergency clause makes the law effective upon approval.

Practical impact

LB 133 clarifies and expands the statutory enforcement role of local animal control officers, streamlines seizure and disposition procedures for animal-welfare violations, and protects officers from certain property-damage claims so long as they are not negligent. Municipalities will need to ensure authorization processes and (where relevant) coordination with law enforcement for entries onto private property and post-seizure case management.

Compiled from official sources — confirm details with the bill’s official record.

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