State Codes and Statutes

Statutes > Nebraska > Chapter54 > 54-908

54-908. Employee of governmental livestockanimal control or animal abuse agency; duty to report suspected criminal activity;immunity from liability; contents of report; form; failure to report; penalty.(1) For purposesof this section:(a) Employee means anyemployee of a governmental agency dealing with livestock animal control oranimal abuse; and(b) Reasonably suspects means a basis for reporting knowledge ora set of facts that would lead a person of ordinary care and prudence to believeand conscientiously entertain a strong suspicion that criminal activity isat hand or that a crime has been committed.(2) Any employee, while acting in his orher professional capacity or within the scope of his or her employment, whoobserves or is involved in an incident which leads the employee to reasonablysuspect that a livestock animal has been abandoned, cruelly neglected, orcruelly mistreated shall report such to the entity or entities that investigatesuch reports in that jurisdiction.(3) The report of an employee shall be madewithin two working days of acquiring the information concerning the livestockanimal by facsimile transmission of a written report presented in the formdescribed in subsection (5) of this section or by telephone. When an immediateresponse is necessary to protect the health and safety of the livestock animalor others, the report of an employee shall be made by telephone as soon aspossible.(4) Nothing in this section shall be construed to impose a dutyto investigate observed or reasonably suspected livestock animal abandonment,cruel neglect, or cruel mistreatment. Any person making a report under thissection is immune from liability except for false statements of fact madewith malicious intent.(5) A report made by an employee pursuant to this section shallinclude:(a) The reporter's name and title, business address, and telephonenumber;(b) The name, if known, of the livestock animal owner or custodian,whether a business or individual;(c) A description of the livestock animalor livestock animals involved, person or persons involved, and location ofthe livestock animal or livestock animals and the premises; and(d) The date,the time, and a description of the observation or incident which led the reporterto reasonably suspect livestock animal abandonment, cruel neglect, or cruelmistreatment and any other information the reporter believes may be relevant.(6) A reportmade by an employee pursuant to this section may be made on preprinted formsprepared by the entity or entities that investigate reports of livestock animalabandonment, livestock animal cruel neglect, or livestock animal cruel mistreatmentin that jurisdiction. The form shall include space for the information requiredunder subsection (5) of this section.(7) When two or more employees jointly haveobserved or reasonably suspected livestock animal abandonment, livestock animalcruel neglect, or livestock animal cruel mistreatment and there is agreementbetween or among them, a report may be made by one person by mutual agreement.Any such reporter who has knowledge that the person designated to report hasfailed to do so shall thereafter make the report.(8) Any employee failingto report under this section shall be guilty of an infraction. SourceLaws 2010, LB865, § 8.