BILL NUMBER: AB 2243	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Smyth

                        FEBRUARY 18, 2010

   An act to amend Section 54.25 of the Civil Code, relating to civil
law.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2243, as introduced, Smyth. Civil law: search and rescue dogs.
   Existing law provides that a peace officer or firefighter assigned
to a canine unit, who is assigned to duty away from his or her home
jurisdiction because of a declared federal, state, or local
emergency, and in the course and scope of his or her official duties,
may 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.
   This bill would also prohibit that discrimination against the
handler of a search and rescue dog, as defined. The bill would also
expand the circumstances to include when the peace officer,
firefighter, or handler is away from his or her home jurisdiction
because of an official mutual aid request or training.
   Existing law provides the peace officer's law enforcement agency
or the firefighter's fire agency is liable for any damages to the
premises or facilities caused by the peace officer's or firefighter's
dog.
   The bill would require the handler would be liable for any damages
to the premises or facilities caused by the search and rescue dog.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 54.25 of the Civil Code is amended to read:
   54.25.  (a) (1) A peace officer or firefighter assigned to a
canine unit  or the handler of a search and rescue dog 
assigned to duty away from his or her home jurisdiction because of a
declared federal, state, or local emergency,  or an official
mutual aid request or training,  and in the course and scope of
his or 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. However, the peace officer's law enforcement agency  or
  ,  the firefighter's fire agency  , or the
handler of a search and rescue dog  shall be liable for any
damages to the premises or facilities caused by the  peace
officer's or firefighter's  dog.
   (2) Any person, firm, association, or corporation, or the agent of
any person, firm, association, or corporation that prevents a peace
officer or a firefighter assigned to a canine unit and his or her dog
from exercising, or interferes in the exercise of, the rights
specified in this section is subject to a civil fine not exceeding
one thousand dollars ($1,000).
   (b)  (1)    For purposes of this
section,  a " peace officer's or firefighter's dog" means 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.   the
following definitions apply:  
   (2) 
    (1)  "Declared emergency" is any emergency declared by
the President of the United States, the Governor of a state, or local
authorities. 
   (2) "Handler of a search and rescue dog" means a person in
possession of a dog that is in training to become registered and
approved as a search and rescue dog, or that is currently registered
and approved for tasks, including, but not limited to, locating
missing persons, discovering controlled substances, explosives, or
cadavers, or locating victims in collapsed structures, and assisting
with peace officer on-command searches for suspects and victims at
crime scenes.  
   (3) "Peace officer's or firefighter's dog" means 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.  
   (4) "Search and rescue dog" means a dog that has been trained and
approved as a search and rescue dog, or that is currently registered
and approved for search and rescue work with a search and rescue team
affiliated with the California Emergency Management Agency. The term
also includes a dog that is in training to become registered and
approved for that work. 
   (c) Nothing in this section is intended to affect any civil
remedies available for a violation of this section.
   (d) This section is intended to provide accessibility without
discrimination to a peace officer or firefighter  or handler of a
search and rescue dog  with a trained, public-owned dog in
hotels, lodging places, eating establishments, and public
transportation  during declared emergencies  .