Animal control clarification clears first round

A measure intended to address a gap in the ability of animal control officers to carry out their work was amended and advanced from general file April 9.

Bellevue Sen. Rick Holdcroft, sponsor of LB133, said the bill was a “targeted and time sensitive” effort to correct the inability of animal control officers to do their work in the aftermath of a recent judicial interpretation in Sarpy County.

Holdcroft said the court ruling highlighted ambiguities in state law that have paused efforts by animal control officers to obtain search warrants and address urgent animal welfare concerns.

The bill would add “animal control officer” to the definition of “law enforcement officer” for purposes of animal control laws. The change would give animal control officers authority to enforce state or local animal control laws if authorized by a city, village or county.

“Timely passage of LB133 will ensure that animal control officers can continue to execute their duties and will remove ambiguity in Nebraska statutes,” Holdcroft said.

A Judiciary Committee amendment, adopted 40-0, would add a separate definition for animal control officer and include that definition in certain sections of state law where law enforcement officer is used. The change would allow both animal control and law enforcement officers to swear to warrants, conduct investigations, issue citations and seize animals under animal control laws.

Sen. Carolyn Bosn of Lincoln, committee chairperson, said the amendment was the result of negotiations among stakeholders and would give animal control officers the authority needed to carry out their duties.

“[The amendment] would allow an animal control officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated to seek a warrant authorizing entry by law enforcement — or by an animal control officer accompanied by law enforcement officers — upon private property to inspect, care for or impound the animal,” Bosn said.

Omaha Sen. Terrell McKinney said he voted against advancement of the bill from committee, but that the amendment cleared up most of his concerns. He said animal control officers should go through law enforcement training in order to have the same authority as law enforcement officers, but that requiring them to be accompanied by law enforcement was an improvement.

Senators advanced LB133 to select file on a 33-2 vote.