BILL NUMBER: AB 2131	CHAPTERED
	BILL TEXT

	CHAPTER  226
	FILED WITH SECRETARY OF STATE  AUGUST 1, 2008
	APPROVED BY GOVERNOR  AUGUST 1, 2008
	PASSED THE SENATE  JULY 2, 2008
	PASSED THE ASSEMBLY  JULY 14, 2008
	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, Niello. Peace 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 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 provide that any person, firm, association, or
corporation, or the agent of any person, firm, association, or
corporation, that prevents a peace officer or firefighter from
exercising, or 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 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.



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 corporation, or the agent of
any person, firm, association, or corporation 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 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.