BILL NUMBER: AB 2131	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 17, 2008
	AMENDED IN SENATE  MAY 28, 2008

INTRODUCED BY   Assembly Member Niello
    (   Coauthors:   Assembly Members 
 Berryhill,   DeVore,   Gaines,  
Garrick,   Horton,   Huff,   La Malfa,
  Maze,   Portantino,   and Spitzer 
 ) 
    (   Coauthors:   Senators   Cox,
  Hollingsworth,   Margett,   and Romero
  ) 

                        FEBRUARY 20, 2008

   An act to add Section 54.25 to the Civil Code, relating to peace
officers.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2131, as amended, Niello. Peace  officers: 
 officers and firefighters:  canine units.
   Existing law provides that individuals with disabilities are
entitled to full and equal access, as other members of the general
public, to accommodations, advantages, facilities, medical
facilities, including hospitals, clinics, and physicians' offices,
and privileges of all common carriers, airplanes, motor vehicles,
railroad trains, motorbuses, streetcars, boats, or any other public
conveyances or modes of transportation (whether private, public,
franchised, licensed, contracted, or otherwise provided), telephone
facilities, adoption agencies, private schools, hotels, lodging
places, places of public accommodation, amusement, or resort, and
other places to which the general public is invited, as specified.
Existing law also permits disabled individuals to be accompanied in
those places by guide dogs, signal dogs, or service dogs without
paying an extra charge. Existing law provides that any person, firm,
association, or corporation, or the agent of any person, firm,
association, or corporation, who prevents a disabled person from
exercising, or interferes with a disabled person in the exercise of,
the rights to have with him or her a specially trained guide dog,
signal dog, or service dog, as specified, is guilty of a misdemeanor,
punishable by a fine not exceeding $2,500.
   This bill would provide that a peace officer or firefighter
assigned to a canine unit, who is  on official assignment for
travel   assigned to duty  away from his or her
home jurisdiction  because of a declared federal, state, or local
emergency, and in the course and scope of his or her official duties
 , may not be discriminated against in hotels, lodging
establishments, eating establishments, or public transportation by
being required to pay an extra charge or security deposit for the
peace officer's or firefighter's dog.
   This bill would  make it a misdemeanor punishable by a
fine not exceeding $1,000 for   provide that  any
person, firm, association, or corporation, or the agent of any
person, firm, association, or corporation,  to prevent
  that prevents  a peace officer or firefighter
from exercising, or  interfering   interferes
 with the exercise of, specified rights  , is subject to a
civil fine not exceeding $1,000 .
   The bill would state the intent of the Legislature  in
  with  regard to access by a peace officer or
firefighter with a trained service dog to lodging, eating
establishments, and public transportation, during a declared
emergency. 
   By creating a new crime, this bill would impose a state-mandated
local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .

   AB 2131, as amended, Niello. Peace  officers: 
 officers and firefighters:  canine units.
   Existing law provides that individuals with disabilities are
entitled to full and equal access, as other members of the general
public, to accommodations, advantages, facilities, medical
facilities, including hospitals, clinics, and physicians' offices,
and privileges of all common carriers, airplanes, motor vehicles,
railroad trains, motorbuses, streetcars, boats, or any other public
conveyances or modes of transportation (whether private, public,
franchised, licensed, contracted, or otherwise provided), telephone
facilities, adoption agencies, private schools, hotels, lodging
places, places of public accommodation, amusement, or resort, and
other places to which the general public is invited, as specified.
Existing law also permits disabled individuals to be accompanied in
those places by guide dogs, signal dogs, or service dogs without
paying an extra charge. Existing law provides that any person, firm,
association, or corporation, or the agent of any person, firm,
association, or corporation, who prevents a disabled person from
exercising, or interferes with a disabled person in the exercise of,
the rights to have with him or her a specially trained guide dog,
signal dog, or service dog, as specified, is guilty of a misdemeanor,
punishable by a fine not exceeding $2,500.
   This bill would provide that a peace officer or firefighter
assigned to a canine unit, who is  on official assignment for
travel   assigned to duty  away from his or her
home jurisdiction  because of a declared federal, state, or local
emergency, and in the course and scope of his or her official duties
 , may not be discriminated against in hotels, lodging
establishments, eating establishments, or public transportation by
being required to pay an extra charge or security deposit for the
peace officer's or firefighter's dog.
   This bill would  make it a misdemeanor punishable by a
fine not exceeding $1,000 for   provide that  any
person, firm, association, or corporation, or the agent of any
person, firm, association, or corporation,  to prevent
  that prevents  a peace officer or firefighter
from exercising, or  interfering   interferes
 with the exercise of, specified rights  , is subject to a
civil fine not exceeding $1,000 .
   The bill would state the intent of the Legislature  in
  with  regard to access by a peace officer or
firefighter with a trained service dog to lodging, eating
establishments, and public transportation, during a declared
emergency. 
   By creating a new crime, this bill would impose a state-mandated
local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 54.25 is added to the Civil Code, to read:
   54.25.  (a) (1) A peace officer or firefighter assigned to a
canine unit assigned to duty away from his or her home jurisdiction
because of a declared federal, state, or local emergency, and in the
course and scope of his or her duties shall not be discriminated
against in hotels, lodging establishments, eating establishments, or
public transportation by being required to pay an extra charge or
security deposit for the peace officer's or firefighter's dog.
However, the peace officer's law enforcement agency or the
firefighter's fire agency shall be liable for any damages to the
premises or facilities caused by the peace officer's or firefighter's
dog.
   (2) Any person, firm, association, or the agent of any person,
or corporation,  firm, association, or corporation  who
  that  prevents a peace officer or a firefighter
assigned to a canine unit and his or her dog from exercising, or
interferes in the exercise of, the rights specified in this section
is  guilty of a misdemeanor, punishable by a  
subject to a civil  fine not exceeding one thousand dollars
($1,000).
   (b) (1)  For purposes of this section  ,  a "peace
officer's or firefighter's dog" means a dog owned by a public law
enforcement agency or fire department and under the control of a
peace officer or firefighter assigned to a canine unit that has been
trained in matters including, but not limited to, discovering
controlled substances, explosives, cadavers, victims in collapsed
structures, and peace officer on-command searches for suspects and
victims at crime scenes.
   (2) "Declared emergency" is any emergency declared by the
President of the United States, the Governor of a state, or local
authorities.
   (c) Nothing in this section is intended to affect any civil
remedies available for a violation of this section.
   (d) This section is intended to provide accessibility without
discrimination to a peace officer or firefighter with a trained,
public-owned dog in hotels, lodging places, eating establishments,
and public transportation during declared emergencies. 
  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution. 
  SECTION 1.  Section 54.25 is added to the Civil Code, to read:
   54.25.  (a) (1) A peace officer or firefighter assigned to a
canine unit assigned to duty away from his or her home jurisdiction
because of a declared federal, state, or local emergency, and in the
course and scope of his or her duties shall not be discriminated
against in hotels, lodging establishments, eating establishments, or
public transportation by being required to pay an extra charge or
security deposit for the peace officer's or firefighter's dog.
However, the peace officer's law enforcement agency or the
firefighter's fire agency shall be liable for any damages to the
premises or facilities caused by the peace officer's or firefighter's
dog.
   (2) Any person, firm, association,  or corporation,  or
the agent of any person, firm, association, or corporation 
who   that  prevents a peace officer or a
firefighter assigned to a canine unit and his or her dog from
exercising, or interferes in the exercise of, the rights specified in
this section is  guilty of a misdemeanor, punishable by a
  subject to a civil  fine not exceeding one
thousand dollars ($1,000).
   (b) (1)  For purposes of this section  ,  a "peace
officer's or firefighter's dog" means a dog owned by a public law
enforcement agency or fire department and under the control of a
peace officer or firefighter assigned to a canine unit that has been
trained in matters including, but not limited to, discovering
controlled substances, explosives, cadavers, victims in collapsed
structures, and peace officer on-command searches for suspects and
victims at crime scenes.
   (2) "Declared emergency" is any emergency declared by the
President of the United States, the Governor of a state, or local
authorities.
   (c) Nothing in this section is intended to affect any civil
remedies available for a violation of this section.
   (d) This section is intended to provide accessibility without
discrimination to a peace officer or firefighter with a trained,
public-owned dog in hotels, lodging places, eating establishments,
and public transportation during declared emergencies. 
  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution. 
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