BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2131|
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                                 THIRD READING


          Bill No:  AB 2131
          Author:   Niello (R), et al
          Amended:  6/17/08 in Senate
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  5-0, 6/10/08
          AYES: Romero, Margett, Cedillo, Cogdill, Perata

           ASSEMBLY FLOOR  :  75-0, 4/21/08 (Consent) - See last page  
            for vote


           SUBJECT  :    Peace officers and firefighters:  dogs

           SOURCE  :     Sacramento County Sheriffs Association


           DIGEST  :    This bill specifies that to discriminate against  
          police officers and police dogs, as specified, by charging  
          higher rates than to other customers, in hotels, lodging  
          establishments, eating establishments or public  
          transportation, when those officers and their dogs are  
          assigned duty away from their home jurisdiction because of  
          a declared emergency is subject to a civil fine of up to  
          $1000.

           ANALYSIS  :    

          Existing law provides that individuals with disabilities  
          shall be entitled to full and equal access, as other  
          members of the general public, to accommodations,  
          advantages, facilities, medical facilities, including  
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          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, subject only to the  
          conditions and limitations established by law, or state or  
          federal regulation, and applicable alike to all persons.

          Existing law provides that every individual with a  
          disability has the right to be accompanied by a guide dog,  
          signal dog, or service dog, especially trained for the  
          purpose, in any of the places specified in Section 54.1  
          without being required to pay an extra charge or security  
          deposit for the guide dog, signal dog, or service dog.   
          However, the individual shall be liable for any damage done  
          to the premises or facilities by his or her dog.  

          Existing law provides that any blind person, deaf person,  
          or disabled person, who is a passenger on any common  
          carrier, airplane, motor vehicle, railway train, motorbus,  
          streetcar, boat, or any other public conveyance or mode of  
          transportation operating within this state, shall be  
          entitled to have with him/her a specially trained guide  
          dog, signal dog, or service dog.  Furthermore:

          1.No blind person, deaf person, or disabled person and  
            his/her specially trained guide dog, signal dog, or  
            service dog shall be denied admittance to accommodations,  
            advantages, facilities, medical facilities, including  
            hospitals, clinics, and physicians' offices, 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 within this state because of  
            that guide dog, signal dog, or service dog.

          2.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  

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            rights specified in this section is guilty of a  
            misdemeanor, punishable by a fine not exceeding two  
            thousand five hundred dollars ($2500).

          3.As used in this section, "guide dog" means any guide dog  
            or Seeing Eye dog that was trained by a person licensed  
            under Chapter 9.5 (commencing with Section 7200) of  
            Division 3 of the Business and Professions Code or that  
            meets the definitional criteria under federal regulations  
            adopted to implement Title III of the Americans with  
            Disabilities Act of 1990 (Public Law 101-336).

          4.As used in this section, "signal dog" means any dog  
            trained to alert a deaf person, or a person whose hearing  
            is impaired, to intruders or sounds.

          5.As used in this section, "service dog" means any dog  
            individually trained to do work or perform tasks for the  
            benefit of an individual with a disability, including,  
            but not limited to, minimal protection work, rescue work,  
            pulling a wheelchair, or fetching dropped items.

          6.This section is intended to provide equal accessibility  
            for all owners or trainers of animals that are trained as  
            guide dogs, signal dogs, or service dogs in a manner that  
            is no less than that provided by the Americans with  
            Disabilities Act of 1990 (Public Law 101-336) and the Air  
            Carrier Access Act of 1986 (Public Law 99-435).

          7.The exercise of rights specified in subdivisions (a) and  
            (b) by any person may not be conditioned upon payment of  
            any extra charge, provided that the person shall be  
            liable for any provable damage done to the premises or  
            facilities by his/her dog.

          8.Any trainer or individual with a disability may take dogs  
            in any of the places specified in subdivisions (a) and  
            (b) for the purpose of training the dogs as guide dogs,  
            signal dogs, or service dogs.  The person shall ensure  
            that the dog is on a leash and tagged as a guide dog,  
            signal dog, or service dog by an identification tag  
            issued by the county clerk or animal control department  
            as authorized by Chapter 3.5 (commencing with Section  
            30850) of Division 14 of the Food and Agricultural Code.   

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            In addition, the person shall be liable for any provable  
            damage done to the premises or facilities by his/her dog.

          This bill provides that a peace officer or firefighter  
          assigned to a canine unit assigned to duty away from  
          his/her home jurisdiction because of a declared federal,  
          state, or local emergency, and in the course and scope of  
          his/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.  Any person, firm, association or agent  
          or any person that violates this provision is subject to a  
          civil fine of up to $1000.

          This bill provides that the peace officer's law enforcement  
          agency or the firefighter's fire agency will nevertheless  
          be liable for any damages to the premises or facilities  
          caused by the peace officer's or firefighter's dog.

          This bill defines a "peace officer's or firefighter's dog"  
          as 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.

          This bill defines a "declared emergency" as any emergency  
          declared by the President of the United States, the  
          Governor of a state, or local authorities.

          This bill states that it is not intended to affect any  
          civil remedies available for a violation of this new crime.

          This bill states that it 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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

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           SUPPORT  :   (Verified  6/27/08)

          Sacramento County Sheriff's Association (source)
          Association for Los Angeles Deputy Sheriffs
          California Narcotic Officers Association
          California Peace Officers' Association
          California Police Chiefs Association
          Los Angeles County District Attorney's Office
          Los Angeles County Sheriff's Department
          Los Angeles Police Protective League
          PetPAC
          Riverside Sheriffs' Association
          Sacramento County Sheriff's Department
          San Bernardino County Sheriff


           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          existing  law does not protect peace officer canine units  
          against discrimination in accessing public  
          transportation/accommodations when traveling outside of  
          their jurisdiction.  This bill will protect K-9 units from  
          being discriminated against in hotels, lodging  
          establishments, eating establishments and or public  
          transportation by requiring them to pay an extra charge or  
          security deposit for their dog.  By eliminating any  
          discrimination, these canine units can travel with their  
          officers to assist in disasters like the recent fires in  
          southern California.

          The Riverside Sheriffs' Association states, this bill  
          recognizes there are times when canine officers and their  
          dogs are sought, due to emergencies (such as 9-11 or the  
          Southern California wildfires) to leave their own  
          jurisdictions to perform their services under new and  
          stressful special circumstances.  Unlike other  
          highly-trained canines such as "seeing-eye" dogs, these law  
          enforcement canines have not been accorded similar  
          privileges of transportation, hotel accommodations, etc.   
          Law enforcement dogs keep long hours in travel and service  
          in stressful new environments.  They merit proper food,  
          rest, exercise, grooming, and housing.  The dogs do not  
          deserve to be separated from their canine peace officers  
          when off-duty.

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           ASSEMBLY FLOOR  : 
          AYES:  Adams, Aghazarian, Arambula, Bass, Beall, Benoit,  
            Berg, Berryhill, Blakeslee, Brownley, Caballero, Charles  
            Calderon, Carter, Cook, Coto, Davis, De La Torre, De  
            Leon, DeSaulnier, DeVore, Duvall, Emmerson, Eng, Evans,  
            Feuer, Fuller, Furutani, Gaines, Galgiani, Garcia,  
            Garrick, Hancock, Hayashi, Hernandez, Horton, Houston,  
            Huff, Huffman, Jeffries, Jones, Karnette, Keene,  
            Krekorian, La Malfa, Laird, Leno, Levine, Lieber, Lieu,  
            Ma, Maze, Mendoza, Mullin, Nakanishi, Nava, Niello,  
            Parra, Plescia, Portantino, Price, Sharon Runner, Ruskin,  
            Salas, Saldana, Silva, Smyth, Solorio, Spitzer,  
            Strickland, Swanson, Torrico, Tran, Walters, Wolk, Nunez
          NO VOTE RECORDED:  Anderson, Dymally, Fuentes, Soto,  
            Villines


          RJG:do  6/27/08   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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