BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 902|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 902
Author: Padilla (D)
Amended: 1/28/08
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 5-0, 1/8/08
AYES: Florez, Maldonado, Negrete McLeod, Wiggins, Yee
NO VOTE RECORDED: Battin, Vincent, Wyland, Vacancy
SENATE APPROPRIATIONS COMMITTEE : 11-1, 1/24/08
AYES: Torlakson, Cox, Aanestad, Ashburn, Kuehl, Oropeza,
Runner, Simitian, Steinberg, Wyland, Yee
NOES: Battin
NO VOTE RECORDED: Cedillo, Corbett, Dutton, Florez,
Ridley-Thomas
SUBJECT : Firefighters: accelerant detecting dogs
SOURCE : Author
DIGEST : This bill requires the State Fire Marshal to
work with recognized statewide fire investigation entities
to update on or before January 1, 2011, standards and
procedures governing the use of accelerant detecting dogs
and their handlers.
ANALYSIS : 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. In addition, there are standards to
CONTINUED
SB 902
Page
2
guide the use of accelerant detection canines and their
handlers.
The State Fire Marshal (SFM) is responsible for approving
regulations and developing building standards that promote
fire and life safety for inclusion in 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, the SFM is
responsible for other regulations contained in Title
19-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.
This bill:
1. Requires the SFM, in conjunction with recognized
statewide fire investigation entities, including, but
not limited to, the California State Firefighters'
Association, to update and amend standards and
procedures for accelerant detecting dogs and their
handlers.
2. Requires that these standards and procedures be updated
and amended on or before January 1, 2011, and include
among other things, dog selection, department and
handler selection and evaluation, fire scene practices,
blind odor recognition testing, and statutes and
regulations relating to the use of accelerant detecting
dogs.
3. Requires the SFM, in updating and amending these
standards, to consider information and publications by
recognized statewide fire investigation entities,
including, but not limited to, the California State
Firefighters' Association.
Background
California State Firefighters' Association Accelerant
SB 902
Page
3
Detection K-9 Team Standards . In September 2006, the
Association 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, 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.
Prior legislation . SB 828 (Padilla), 2007-08 Session,
nearly identical to this bill, passed the Senate Floor with
a vote of 39-0 on August 30, 2007, but was vetoed. The
Governor's veto message stated that the bill was
unnecessary due to the fact that CAL FIRE [Department of
Forestry and Fire Protection] and the SFM have existing
authority to update their standards and certification
requirements as they deem appropriate. The veto message
also indicated that the Governor intended to direct the SFM
to review the current standards and, if necessary, work
with all interested stakeholders to update and amend
standards to reflect the latest applicable fire
investigative techniques.
Comments
The author's office emphasizes that adequately trained dogs
and handlers are crucial to a credible arson investigation
that can hold up in court. In order not to compromise the
efficiency of fire investigations and the reliability that
court cases are not compromised due to inadequately trained
arson dogs or handlers the author's office believes that it
is important that the state update and amend, when
necessary, existing standards for the use of arson dogs.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
SB 902
Page
4
Fiscal Impact (in thousands)
Major Provisions 2007-08 2008-09
2009-10 Fund
Update arson dog $25 to $100
one-timeGeneral
standards/procedures
SUPPORT : (Verified 1/28/08)
American Federation of State, County and Municipal
Employees
TSM:mw 1/28/08 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****