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 ****