BILL ANALYSIS Bill No: SB 828 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION Senator Dean Florez, Chair 2007-2008 Regular Session Staff Analysis SB 828 Author: Padilla As Amended: April 16, 2007 Hearing Date: April 24, 2007 Consultant: Art Terzakis SUBJECT State Fire Marshal: arson dogs DESCRIPTION SB 828 requires the State Fire Marshal (SFM), with guidance and advice from the State Board of Fire Services, to adopt regulations establishing standards for arson dogs and their handlers, based on those set forth in the publication entitled "Accelerant Detection K-9 Team Standards" issued in January 2007, by the California State Firefighters Association. EXISTING LAW Existing law requires peace officer and civilian drug detection canine trainers working under the direction of a law enforcement agency to follow specified protocols of behavior. The State Fire Marshal (SFM) is responsible for approving regulations and developing building standards that promote fire and life safety for inclusion into Title 24, California Code of Regulations (e.g., Building Code, Fire Code, Electrical Code, Mechanical Code, Plumbing and Historical Building Code, etc.). In addition to the building standards adopted by the SFM in Title 24, SFM is responsible for other regulations contained in Title 19, SB 828 (Padilla) continued Page 2 California Code of Regulations. These regulations govern fire and panic safety, including fire protection systems in all buildings, fireworks, flammable fabric standards, flame retardant chemicals, explosives, gasoline vapor control systems, and hazardous liquid pipeline safety. BACKGROUND History of the Fire Service Dog: The use of dogs in the fire service dates back to the 18th century when horses were used to pull steam pumpers. Dalmatians were used to keep the horses company in their stables and to keep them calm at fire scenes until their role diminished into that of a mascot. Today, man's best friend is playing another important role in the fire service, namely to assist fire investigators in locating evidence of ignitable liquids or accelerants such as petrol, kerosene, diesel fuel, etc. Dogs have also been used successfully for some time in drug and bomb detection. A training program initiated in the mid 1980's, as a joint effort between the federal Bureau of Alcohol, Tobacco and Firearms (BATF) and the Connecticut State Police (CSP), proved to be an unmitigated success when the capability of a Labrador retriever, used by the CSP, to detect the odor of accelerants, exceeded any expectations. The success of that particular training program resulted in the establishment of various federal, state, local and private K-9 training programs. SB 828 (Padilla): This measure would require the SFM, with guidance and advice from the State Board of Fire Services, to adopt regulations establishing standards for arson dogs and their handlers that are based on those set forth in the publication entitled "Accelerant Detection K-9 Standards" issued January 2007 by the California State Firefighters Association (CSFA). CSFA Accelerant Detection K-9 Team Standards January 2007: In September 2006, the CSFA established an Accelerant Detection K-9 advisory group for the purpose of developing acceptable standards for the working Accelerated Detection K-9's in the State of California. The group looked at several areas relevant to the K-9 program including but not limited to, department selection, handler selection and evaluation, canine selection, fire scene search practices, SB 828 (Padilla) continued Page 3 blind odor recognition testing, field searches, people searches, and the law, in general, as it pertains to the utilization of K-9's. The standards developed by the working group are intended to assist fire and police agencies that utilize K-9 teams. Federal Legislation: H.R. 659, the "Canine Detection Improvement Act of 2007" - this legislation addresses the need for improved and coordinated training, encourages the use of domestic dogs and confronts the need for more dogs by establishing a "Domestic Canine Breeding Grant Program" to increase canine numbers through both public and private means. H.R. 659 also proposes to create a canine team accreditation board to ensure proper certification standards and to prevent fraud and abuse. SUPPORT: As of April 19, 2007: California State Firefighters Association (sponsor) California Fire Chiefs Association North American Police Work Dog Association California Narcotic Canine Association OPPOSE: None on file as of April 19, 2007. FISCAL COMMITTEE: Senate Appropriations Committee **********