BILL ANALYSIS
SB 902
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Date of Hearing: June 11, 2008
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Curren Price, Chairman
SB 902 (Padilla) - As Amended: January 28, 2008
SENATE VOTE : 34-4
SUBJECT : Firefighters: accelerant detecting dogs
SUMMARY : Requires the State Fire Marshall (SFM), in
conjunction with recognized statewide fire investigation
entities to update and amend standards and procedures for
accelerant detecting canines and their handlers, as specified.
The standards and procedures shall be updated and amended on or
before January 1, 2011. Specifically, this bill :
1)Requires the SFM, in conjunction with recognized statewide
fire investigation entities, including, but not limited to,
the California State Firefighters' Association (CSFA), 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,
CSFA.
EXISTING LAW :
1)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 guide the use of accelerant
detection canines and their handlers.
2)Provides the State Fire Marshal (SFM) is responsible for
approving regulations and developing building standards that
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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.
FISCAL EFFECT : Unknown.
COMMENTS :
Purpose of the bill : SB 902 would require the SFM to work with
recognized statewide fire investigation entities to update
standards and procedures governing the use of accelerant
detecting dogs and their handlers. These updates must be
completed by January 1, 2011.
The author's office states 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 believes that it is important that the state update
and amend, when necessary, existing standards for the use of
arson dogs.
This bill is nearly identical to SB 828 (Padilla) of 2007, which
was vetoed by the Governor. In his veto message, the Governor
noted that he would direct SFM to review existing standards to
determine whether updating the standards would be appropriate at
this time.
Background : In September 2006, CFSA 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
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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.
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.
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. (Status: referred to House
subcommittee)
Prior legislation : SB 828 (Padilla), 2007-08 Session, nearly
identical to this bill, was vetoed by the Governor. The
Governor's veto message stated that the bill was unnecessary due
to the fact that CALFIRE (Department of Forestry and Fire
Protection) and 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
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investigative techniques.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Firefighters' Association
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531