BILL ANALYSIS                                                                                                                                                                                                    






                             SENATE JUDICIARY COMMITTEE
                           Senator Ellen M. Corbett, Chair
                              2009-2010 Regular Session


          AB 2243 (Smyth)
          As Amended May 6, 2010
          Hearing Date: June 15, 2010
          Fiscal: No
          Urgency: No
          TW:jd
                    

                                        SUBJECT
                                           
                         Civil Law:  Search and Rescue Dogs

                                      DESCRIPTION  

          Existing law provides protection for peace officers and  
          firefighters of search and rescue canine units against  
          discrimination by lodging and eating establishments and public  
          transportation.  This bill, sponsored by the California  
          Emergency Management Agency (Cal EMA), would extend this  
          protection to a handler of a search and rescue dog.  This bill  
          also would provide that peace officers, firefighters, and  
          handlers of search and rescue dogs shall not be denied services  
          from these businesses based on the presence of the search and  
          rescue dog.  This bill would extend these protections to  
          protection to non-declared emergency aid and training  
          situations.    

                                      BACKGROUND  

          Fire and law enforcement agencies deploy dogs and their human  
          handlers outside of their jurisdictions to assist with the  
          search and rescue of people who are buried under debris, trapped  
          in mines, lost in the wilderness, drowned in waterways, or  
          otherwise missing.  When these canines and their handlers are  
          deployed, they often travel long distances and must stay in  
          hotels and other lodging.  Often these highly trained canines  
          cannot be left alone or in vehicles because of high temperatures  
          or other conditions, and must accompany their handlers into  
          restaurants or other public buildings.  Currently, existing law  
          only provides special privileges for these dogs when there is a  
          declared disaster and the dogs are in the presence of peace  
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          officers and firefighters.  In many circumstances, a disaster  
          has not been declared but the dogs are requested through the  
          state's mutual aid system, which is managed by Cal EMA. 

          A majority of these canines are handled by volunteers and not  
          actual employees of the fire or law enforcement agencies they  
          serve.  Members of these volunteer search and rescue (SAR)  
          groups are registered as Disaster Service Workers under state  
          law and must meet strict standards established by Cal EMA.  When  
          requested by local jurisdictions, these SAR volunteers are  
          dispatched by Cal EMA to support mutual aid operations in a city  
          or county.  Teams are available 24 hours a day, 365 days a year  
          to respond to local, state, and federal agencies.  

          In 2008, the Legislature acted to protect a peace officer or  
          firefighter with a trained service dog from discrimination by  
          lodging and eating establishments, and public transportation,  
          during a declared emergency.  (AB 2131 (Niello, Ch. 226, Stats.  
          2008).)  This bill would extend this protection to handlers of  
          search and rescue dogs and provide that peace officers,  
          firefighters, and handlers with search and rescue dogs shall not  
          be denied service by lodging and eating establishments or public  
          transportation on the basis of the presence of the search and  
          rescue dog. 

                                CHANGES TO EXISTING LAW
           
           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.   
          (Civ. Code Sec. 54.25(a)(1).)

           Existing law  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.  (Civ. Code Sec.  
          54.25(a)(1).)

           Existing law  states that any person, firm, association, or  
          corporation, or the agent of any person, firm, association, or  
          corporation that prevents a peace officer or a firefighter  
                                                                      



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          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 $1,000.  (Civ.  
          Code Sec. 54.25(b).)

           This bill  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.

           This bill  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.

           This bill  provides that peace officers and firefighters assigned  
          to a canine unit, or handlers of a search and rescue dog shall  
          not be denied service based on the presence of the dog.
           
          This bill  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.

           This bill  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.

           This bill  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.

                                        COMMENT
                                                                      



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          1.  Stated need for the bill  
          
          The author writes:
          
            Existing law (Civil Code [Sec.] 54.25) provides protections  
            for canines under the control of a firefighter or peace  
            officer, exclusively.  These canines are permitted to work off  
            leash in the course of their duties and their handlers cannot  
            be discriminated against in hotels, lodging establishments,  
            eating establishments, or public transportation by being  
            required to pay an extra charge or security deposit.  These  
            protections only apply during declared disasters and only to  
            official firefighters and peace officers. 

            Without the protections currently provided to search and  
            rescue (SAR) dogs under the control of a firefighter or peace  
            officer, the volunteer dog handlers are often forced to pay  
            extra charges and security deposits, while peace officer and  
            firefighter units are not.  AB 2243 would remedy this problem  
            by expanding these protections to SAR dog teams registered by  
            the California Emergency Management Agency (Cal EMA).  It  
            would also clarify that the protections also apply during  
            "official mutual aid" deployments and not only during declared  
            disasters.

          The author reported many instances of SAR dog handlers being  
          charged additional fees by lodging establishments because of the  
          presence of the SAR dogs.  Further, Save Our Dogs, a supporter  
          of this bill, demonstrates the critical need for this bill as  
          follows:

            Many hotels/motels do not allow dogs, and many others have  
            limits on the size of dogs such 20 or 30 pounds.  Almost all  
            SAR dogs are 30 to 90 pounds. . . . When a person is traveling  
            with their dog on vacation this is not a significant problem -  
            they have plenty of time in advance to find a hotel/motel that  
            will accommodate their dog.   SAR responders don't have time  
            to do that . . . . We are often paged out late in the day to  
            arrive at a distant location by early the next morning.   SAR  
            is an emergency.  When the pager goes off, we load up our  
            truck with our gear and dog, and drive.

          2.  Professional handler vs. volunteer handler  

          This bill would extend to volunteer handlers of search and  
                                                                      



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          rescue dogs the discrimination protections currently provided  
          only to peace officers and firefighters of canine units.  One  
          concern of expanding the protection to volunteer handlers may be  
          that they are less qualified than police and firefighter canine  
          units and may be unable to contain the search and rescue dog in  
          public settings.  

          As the author argues, members of these volunteer SAR groups are  
          registered as Disaster Service Workers under state law and must  
          meet strict standards established by Cal EMA and adopted by the  
          California State Sheriff's Association and the Federal Emergency  
          Management Agency.  SAR members represent a variety of  
          backgrounds including reserve peace officers, paramedics, or  
          retired or working professionals and are dedicated to helping  
          people.  

          SAR teams are exposed to a wide variety of conditions and are  
          expected to function in almost any environment in which they are  
          placed.  Minimum dog training requirements include  
          socialization, obedience, and helicopter orientation.  As a  
          team, the canine and handler must pass a series of search tests  
          to become "mission-ready."   It takes an average of  
          one-and-a-half to two years for a handler to become  
          "mission-ready" and teams participate in on-going training  
          throughout the year and must be certified and registered by Cal  
          EMA on a regular basis.


          The training requirements are rigorous, with the expectation  
          that the animal will function in almost any environment.  Thus,  
          the handler's status as "volunteer" should not preclude the dog  
          from receiving protections (such as those listed in the bill)  
          that befit its level of certified obedience and socialization.

          3.    Ability of private businesses to protect and control their  
          premises from damage  

          This bill is aimed at lodging and eating establishments and  
          public transportation providers.  Another argument against  
          extending the discrimination protections to SAR dog handlers is  
          that business owners will lose the ability to control their own  
          property from damage caused by SAR dogs and be able to maintain  
          a specific clientele.  However, public policy of providing  
          emergency responders such as SAR dog-handler teams with lodging,  
          food, and transportation is heavily in favor of the emergency  
          responders.  This bill would not affect a business's ability to  
                                                                      



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          receive compensation through normal means for damages caused by  
          a certified SAR dog during deployment.  Under normal tort  
          theory, the handler or their assigning agency will have  
          responsibility for any damages that are caused by the actions of  
          the dog or the human handler.

          Members of these teams incur all costs associated with training  
          their dogs, travel, communications equipment, and other  
          expenses, and many members take time off work to participate in  
          searches and training.   This bill also would make the volunteer  
          SAR handler responsible for any damage created by the SAR dog.   
          Further, the owners of the businesses and their employees even  
          may benefit from the aid of SAR dog-handler teams in the event  
          of an emergency situation.  For these reasons, the public  
          benefit of allowing SAR dog-handler teams access to lodging and  
          eating establishments and public transportation outweighs the  
          risk of damage to business owners. 

          4.  Clarification of access to establishments and transportation  

          This bill would clarify legislative intent that peace officers,  
          firefighters, and handlers of canine units could not be denied  
          access to lodging and food establishments and public  
          transportation based on the presence of a SAR dog.  Although AB  
          2131 prohibited discrimination of peace officers and  
          firefighters of canine units, existing law does not specify the  
          Legislature's intent to provide access to lodging and food  
          establishments and public transportation.  Instead, the law only  
          prohibits businesses from charging additional fees for the  
          presence of a SAR dog.  Existing law provides that this  
          discrimination protection is afforded to peace officer and  
          firefighter teams when they are away from their home  
          jurisdiction and in need of food, lodging, and transportation  
          during deployment.  Current law should reflect the legislative  
          intent to provide access to these establishments.

          One concern is that owners of these establishments may be unable  
          to remove the SAR dog in the event of a significant disturbance  
          by the dog.  Owners and customers should arguably not be forced  
          to suffer disruptions to their quiet enjoyment of the  
          establishment.  To address this concern and provide owners with  
          the ability to maintain the peace and quiet of their properties,  
          while at the same time provide notice to the handler, the  
          committee should consider the following amendment:

             Suggested amendment  :
                                                                      



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            On page 3, line 22 insert:  "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 must 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."
            

           Support  :  Antelope Valley Kennel Club Inc.; California  
          Federation of Dog Clubs; California State Sheriffs' Association;  
          Concerned Dog Owners of California; Irish Wolfhound Club of  
          America, Inc.; The Humane Society of the United States; Peace  
          Officers Research Association of California; PetPAC; Save Our  
          Dogs

           Opposition  :  None Known

                                        HISTORY
           
           Source  :  California Emergency Management Agency

           Related Pending Legislation  :  None Known

           Prior Legislation  :  See Background.

           Prior Vote  :

          Assembly Judiciary Committee (Ayes 10, Noes 0) 
          Assembly Floor (Ayes 76, Noes 0) 

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