BILL ANALYSIS
AB 2243
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2243 (Smyth)
As Amended June 22, 2010
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |76-0 |(April 5, 2010) |SENATE: |31-0 |(June 24, |
| | | | | |2010) |
-----------------------------------------------------------------
Original Committee Reference: JUD.
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 :
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. Prohibits specified entities
from denying service to the peace officer, firefighter, or
handler based on the presence of 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
AB 2243
Page 2
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 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.
6)Provides that the bill is not intended to prevent removal of
the search and rescue dog in the event the dog creates an
excessive disturbance to the establishment. 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.
The Senate amendments provide owners with the ability to
maintain the peace and quiet of their properties, while at the
same time provide notice to the handler as well as make other
clarifying changes.
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.
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.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
AB 2243
Page 3
FISCAL EFFECT : None
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.]
Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334
FN: 0005049