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-LEGISLATURE OF NEBRASKA
-ONE HUNDRED NINTH LEGISLATURE
-FIRST SESSION
-LEGISLATIVE BILL 133
+PREPARED BY: Clinton Verner
+LB 133 DATE PREPARED: January 16, 2025
+PHONE: 402-471-0056
-Introduced by Holdcroft, 36.
-Read first time January 13, 2025
-Committee: Judiciary
-A BILL FOR AN ACT relating to crimes and offenses; to amend section1
-28-1008, Revised Statutes Cumulative Supplement, 2024; to change the2
-definition of law enforcement officer for purposes of certain3
-offenses relating to animals; to repeal the original section; and to4
-declare an emergency. 5
-Be it enacted by the people of the State of Nebraska,6
-LB133
-2025
-LB133
-2025
--1-
-Section 1. Section 28-1008, Revised Statutes Cumulative Supplement,1
-2024, is amended to read: 2
-28-1008 For purposes of sections 28-1008 to 28-1017, 28-1019, and3
-28-1020: 4
-(1) Abandon means to leave any animal in one's care, whether as5
-owner or custodian, for any length of time without making effective6
-provision for its food, water, or other care as is reasonably necessary7
-for the animal's health; 8
-(2) Animal means any vertebrate member of the animal kingdom. Animal9
-does not include an uncaptured wild creature or a livestock animal as10
-defined in section 54-902; 11
-(3) Cruelly mistreat means to knowingly and intentionally kill,12
-maim, disfigure, torture, beat, kick, hit, strike in any manner,13
-mutilate, burn, scald, or otherwise inflict harm upon any animal;14
-(4) Cruelly neglect means to fail to provide any animal in one's15
-care, whether as owner or custodian, with food, water, or other care as16
-is reasonably necessary for the animal's health; 17
-(5) Humane killing means the destruction of an animal by a method18
-which causes the animal a minimum of pain and suffering;19
-(6) Law enforcement officer means any member of the Nebraska State20
-Patrol, any county or deputy sheriff, any member of the police force of21
-any city or village, or any other public official or animal control22
-officer authorized by a city , or village, or county to enforce state or23
-local animal control laws, rules, regulations, resolutions, or24
-ordinances. Law enforcement officer also includes a special investigator25
-appointed as a deputy state sheriff as authorized pursuant to section26
-81-201 while acting within the authority of the Director of Agriculture27
-under the Commercial Dog and Cat Operator Inspection Act;28
-(7) Mutilation means intentionally causing permanent injury,29
-disfigurement, degradation of function, incapacitation, or imperfection30
-to an animal. Mutilation does not include conduct performed by a31
-LB133
-2025
-LB133
-2025
--2-
-veterinarian licensed to practice veterinary medicine and surgery in this1
-state or conduct that conforms to accepted veterinary practices;2
-(8) Owner or custodian means any person owning, keeping, possessing,3
-harboring, or knowingly permitting an animal to remain on or about any4
-premises owned or occupied by such person; 5
-(9) Police animal means a horse or dog owned or controlled by the6
-State of Nebraska or any county, city, or village for the purpose of7
-assisting a law enforcement officer in the performance of his or her8
-official enforcement duties; 9
-(10) Repeated beating means intentional successive strikes to an10
-animal by a person resulting in serious injury or illness or death to the11
-animal; 12
-(11) Serious injury or illness includes any injury or illness to any13
-animal which creates a substantial risk of death or which causes broken14
-bones, prolonged impairment of health, or prolonged loss or impairment of15
-the function of any bodily organ; and 16
-(12) Torture means intentionally subjecting an animal to extreme17
-pain, suffering, or agony. Torture does not include conduct performed by18
-a veterinarian licensed to practice veterinary medicine and surgery in19
-this state or conduct that conforms to accepted veterinary practices.20
-Sec. 2. Original section 28-1008, Revised Statutes Cumulative21
-Supplement, 2024, is repealed. 22
-Sec. 3. Since an emergency exists, this act takes effect when23
-passed and approved according to law. 24
-LB133
-2025
-LB133
-2025
--3-
+Revision: 00
+ FISCAL NOTE
+ LEGISLATIVE FISCAL ANALYST ESTIMATE
+
+ESTIMATE OF FISCAL IMPACT – STATE AGENCIES (See narrative for political subdivision estimates)
+ FY 2025-26 FY 2026-27
+EXPENDITURES REVENUE EXPENDITURES REVENUE
+GENERAL FUNDS
+CASH FUNDS
+FEDERAL FUNDS
+OTHER FUNDS
+TOTAL FUNDS
+
+Any Fiscal Notes received from state agencies and political subdivisions are attached following the Legislative Fiscal Analyst Estimate.
+
+LB133 expands the definition of law enforcement officer under Sec. 28-1008 to include animal control officers authorized by a city,
+village, or county. No fiscal impact to the state.

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