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