BILL ANALYSIS AB 2243 Page 1 Date of Hearing: March 23, 2010 ASSEMBLY COMMITTEE ON JUDICIARY Mike Feuer, Chair AB 2243 (Smyth) - As Introduced: February 18, 2010 PROPOSED CONSENT SUBJECT : DISCRIMINATION PROTECTIONS FOR HANDLERS OF SEARCH AND RESCUE DOGS KEY ISSUE : SHOULD OUR EMERGENCY SERVICES LAW BE CLARIFIED TO ENSURE THAT THE PROTECTIONS FOR EMERGENCY SERVICES DOGS -- INCLUDING PROTECTIONS APPROPRIATELY PROHIBITING DISCRIMINATION AGAINST THE DOGS' HANDLERS -- APPLY DURING NON-DECLARED DISASTERS, AND SHOULD THESE IMPORTANT LAWS BE CLARIFIED TO EXTEND THESE PROTECTIONS TO SEARCH AND RESCUE DOGS HANDLED BY VOLUNTEERS LEGALLY REGISTERED WITH GOVERNMENT AGENCIES? FISCAL EFFECT : As currently in print this bill is keyed non-fiscal. SYNOPSIS This non-controversial bill appropriately seeks to clarify our emergency services law to ensure that the protections we give for emergency services dogs -- which include appropriately protecting their handlers from discrimination during their efforts to save people in peril - apply during non-declared emergency disasters. The laudable bill also clarifies that such discrimination protections apply to handlers who are volunteers during such emergencies who are legally registered with appropriate government agencies. This measure is sponsored by the California Emergency Management Agency (Cal-EMA), and supported by the California State Sheriffs Association and the Peace Officers Research Association of California (PORAC). There is no known opposition, and the Committee is still awaiting formal support from several of its staff counsels' own well-mannered canines. SUMMARY : Seeks to clarify the state's emergency services law to, amongst other things, prohibit the discrimination against the handler of a search and rescue dog in hotels, lodging establishments, eating establishments, or public transportation. Specifically, this bill : AB 2243 Page 2 1)Prohibits discrimination against 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 in hotels, lodging establishments, eating establishments, or public transportation by being required to pay an extra charge or security deposit for the dog. 2)Expands the circumstances for the prohibition of discrimination 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 in addition to declared emergencies. 3)Requires the handler, in addition to the peace officer's law enforcement agency or the firefighter's fire agency, to be liable for any damages to the premises or facilities caused by the search and rescue dog. 4)Defines "handler of a search and rescue dog" to mean 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. 5)Defines "search and rescue dog" to mean 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. 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 AB 2243 Page 3 transportation by being required to pay an extra charge or security deposit for the peace officer's or firefighter's dog. Further 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. (Civil Code section 54.25.) COMMENTS : In support of this important emergency services measure sponsored by the California Emergency Management Agency (Cal-EMA), the author writes in part that: The purpose of AB 2243 is to: 1) clarify that the protections also apply during "official mutual aid" deployments and not only during declared disasters; and, 2) add definitions of "registered search and rescue dog team" and "owner or custodian of a search and rescue dog" to existing law in order to extend these same protections to these animals and their handlers that are volunteers legally registered with fire or law enforcement agencies. When requested by local jurisdictions, volunteer search and rescue (SAR) canine teams are dispatched by Cal-EMA to support mutual aid operations in a city or county. SAR canines typically complete up to two years of training before they can meet Cal-EMA's certification requirements, and the dogs are recertified annually to ensure they continue to meet these guidelines. The training is accomplished mostly by volunteers who have expertise in canine training and have a SAR background. The importance of this year-round service is self-evident, as no one jurisdiction can afford to have sufficient numbers of trained SAR dog teams, thus the ability to move these teams safely around the state, with minimal restrictions, is critical? However, these SAR dog teams often travel long distances and must stay in hotels and other lodging when deployed on assignment. The dogs also may need to accompany their handlers into restaurants and other public buildings because they cannot safely remain inside of an unattended vehicle for extended periods [and this measure ensures appropriate protections against discrimination are in place in these circumstances.] AB 2243 Page 4 REGISTERED SUPPORT / OPPOSITION : Support California Emergency Management Agency (Cal-EMA) (sponsor) California State Sheriffs Association Peace Officers Research Association of California (PORAC) Opposition None on file Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334