BILL NUMBER: AB 2243	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 6, 2010

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 amended, 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.  Existing law provides a civil fine for the
violation of those rights. 
   This bill would also prohibit that discrimination against the
handler of a search and rescue dog, as defined.  The bill would
also prohibit those entities from denying service to the  
peace officer, firefighter, or handler based on the presence of the
dog.  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  that  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  
to  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  denied service based on the presence of the dog or 
discriminated against in hotels, lodging establishments, eating
establishments, or public transportation by being required to pay an
extra charge or security deposit for the dog. However, the peace
officer's law enforcement agency, 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 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
 or the handler of a search and rescue dog 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)  For purposes of this section, the following definitions
apply:
   (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  is officially
affiliated with, or sponsored by, a governmental agency and 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
  with a peace officer's or firefighter's dog or a 
handler of a search and rescue dog with a  trained,
public-owned   search and rescue  dog in hotels,
lodging places, eating establishments, and public transportation.