BILL NUMBER: AB 2243 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 22, 2010
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 to be liable for any damages to
the premises or facilities caused by the search and rescue dog.
The bill would state that nothing in the above-described
provisions is intended to prevent the removal of the search and
rescue dog in the event the search and rescue dog creates an
excessive disturbance to the quiet enjoyment of the property,
provided that the peace officer, firefighter, or handler of the
search and rescue dog is given at least one warning notice of the
excessive disturbance and an opportunity to correct the disturbance.
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 with a peace officer'
s or firefighter's dog or a handler of a search and rescue dog with a
search and rescue dog in hotels, lodging places, eating
establishments, and public transportation.
(e) Nothing in this section is intended to prevent the removal of
the search and rescue dog in the event the search and rescue dog
creates an excessive disturbance to the quiet enjoyment of the
property. In the event of an excessive disturbance, the peace
officer, firefighter, or handler of the search and rescue dog shall
be given a minimum of one warning notice of the excessive disturbance
and an opportunity to correct the disturbance. The mere presence of
the dog within the hotel, lodging establishment, food establishment,
or public transportation shall not be considered an excessive
disturbance.