Existing law contains various provisions relating to guide dog instruction and requires a guide dog school to annually submit a list of all trainers or guide dog instructors employed or contracted by the school to the Department of Consumer Affairs. Existing law prohibits the department from charging a fee for the collection of this data.

This bill would require the department, on or before September 10, 2025, to inform places of business, through an educational campaign throughout the state, of the problems faced by qualified service dog users, as provided. The bill would define the term service dog for these purposes. The bill would authorize the department to solicit donations from private sources, including service dog schools, to support this campaign.

Existing law contains various provisions relating to guide dog instruction and requires a guide dog school to annually submit a list of all trainers or guide dog instructors employed or contracted by the school to the Department of Consumer Affairs. Existing law prohibits the department from charging a fee for the collection of this data.

This bill would require the department, in consultation with service dog schools and advocacy organizations, to conduct a statewide educational campaign concerning the problems faced by qualified service dog users, subject to appropriation by the Legislature for that purpose. on or before September 10, 2025, to inform places of business, through an educational campaign throughout the state, of the problems faced by qualified service dog users, as provided. The bill would define the term service dog for these purposes. The bill would authorize the department to solicit donations from private sources, including service dog schools, to support this campaign.

Existing law establishes the Labor and Workforce Development Agency in state government under the supervision of the Secretary of Labor and Workforce Development, and charges the agency with oversight of specified departments, boards, and panels.

Existing law imposes specified civil penalties upon a person, firm, or corporation that, among other acts, interferes with the rights of an individual with a disability. Under existing law, interfere for purposes of these provisions includes preventing or causing the prevention of a guide dog, signal dog, or service dog from carrying out its functions in assisting a disabled person.

This bill would state the intent of the Legislature to enact legislation that would require the Labor and Workforce Development Agency to partner with accredited service dog organizations to provide technical education regarding federal disability law and service dog requirements.

Date of Hearing: May 17, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 1518

Author:(Friedman) – As Amended Ver:April 20, 2023

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires, upon appropriation by the Legislature, the Department of Consumer Affairs (DCA) to conduct a statewide educational campaign to inform places of business of the problems faced by qualified service dog users, as defined. The bill authorizes DCA to solicit donations from private sources, including service dog schools, to support the campaign.

FISCAL EFFECT:

DCA estimates initial costs of $355,000 for staff salary and operating expenses, and $339,000 annually thereafter (DCA indicates the fund source is not known). DCA states it will require a staff services manager to meet with stakeholders, gather information, develop recommendations, and implement the educational campaign, as well as an information officer to support the development, implementation, and reach of the plan. DCA notes there may be additional costs if the reference to public service announcements requires paid media and advertising; however, these costs are unquantifiable at this time. DCA adds there will be an additional cost of $1,000 in information technology costs to post items from the educational campaign to the DCA website.

COMMENTS:

1. Purpose. This bill is sponsored by Canine Companions, Guide Dogs for the Blind, Golden State Guide Dog Handlers, and California Council of the Blind. According to the author:

One in four adults in the United States live with a disability. Thousands are assisted by task-trained service dogs to increase independence. Unfortunately, the misrepresentation of pet dogs as service dogs in public places has significant impacts on the access and physical safety of legitimate service dog teams. A dedicated, targeted education campaign for businesses and the general public would explain the importance of task-trained service dogs’ roles in public and reduce threats to the safety of these working teams.

1. Background.
   
   Service Animals vs. Emotional Support Animals. In recent years, a new category of assistance animals has emerged, often referred to as “emotional support animals” (ESAs). ESAs are legally different from service animals. Service animals are defined under federal and California law as a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability. An ESA is not trained to perform specific acts related to a person’s disability. Instead, the owner of an ESA derives a sense of well-being, fulfillment, companionship, or lessened anxiety with the presence of the animal. ESAs do not enjoy the same legal privileges as trained service dogs. For example, while service dogs must be allowed to accompany their human partner in public places, ESAs do not have to be accommodated.
   
   Dog Attacks. According to the California Council of the Blind’s dog attack survey, between one-third and one-half of guide dog users and more than three-quarters of service dog users experience attacks against their guide or service dogs by other dogs. These attacks occur both in places of public accommodation and on private property, including the residences of guide and service dog users, and sometimes cause serious physical or psychological injury to a qualified service dog, resulting in expenses to the service dog user. Such expenses may include veterinary expenses, lost income due to missed work days, costs of permanently removing a service dog from duty, including replacement of the service dog, and even medical bills for service dog users themselves. Although criminal penalties exist and include potential recovery of expenses from the owner of the attacking dog, these laws are seldom enforced and are not an actual solution for the service dog user. The survey also concluded the majority of these incidents could have been prevented if businesses and the general public had a better understanding and education on the importance of trained service dogs and their role in assisting people with disabilities in public accommodations.
2. Implementation Question. Is DCA an appropriate entity to implement this bill?
3. Prior Legislation. AB 468 (Friedman), Chapter 168, Statutes of 2021, required a person or business that sells or provides an emotional support dog to provide notice that the dog does not have the special training required to be a guide, signal, or service dog. AB 468 also required a person or business that sells or provides certain products for an emotional support dog to provide notice to the buyer that the product does not entitle an emotional support dog to the rights and privileges afforded to a guide, signal. or service dog, among other provisions.

Analysis Prepared by: Allegra Kim / APPR. / (916) 319-2081

Date of Hearing:

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Marc Berman, Chair

ABPCA Bill Id:AB 1518

Author:(Friedman) – As Amended Ver:April 17, 2023

SUBJECT: Service dogs.

SUMMARY: Requires the Department of Consumer Affairs (DCA) to inform places of business through a coordinated, statewide campaign about the importance of trained service dogs and their role in assisting people with disabilities in public accommodations.

EXISTING FEDERAL LAW AND REGULATIONS:

1. Establishes the Americans with Disabilities Act (ADA), which prohibits discrimination against individuals with disabilities in areas of employment, transportation, public accommodations, and more. (42 United States Code Section 12101 et seq.)
2. Defines a “service animal” under the ADA as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory psychiatric intellectual, or other mental disability. States that the work or tasks performed by a service animal must be directly related to the individual’s disability. Specifies that other species of animals, whether wild or domestic, trained or untrained, are not considered service animals (Code of Federal Regulations (CFR) Title 28 Section 35.104)
3. States that a public entity, regardless of pet policy, shall accommodate and permit the use of a service animal. Further declares that individuals with disabilities shall be permitted to be accompanied by their service animals in all areas of a public entity’s facilities where members of the public are allowed to go. (28 CFR Section 35.136(a) and 35.136(g))

EXISTING STATE LAW AND REGULATIONS:

1. Defines a “guide dog” as a dog that has been trained or is being trained to assist blind or visually impaired individuals. (Business and Professions Code (BPC) Section 7201)
2. Defines a “signal dog” as a dog trained to alert an individual who is deaf or hard of hearing to intruders or sounds (Penal Code Section 365.5(e) and Civil Code Section 54.1(b)(6)(B)(ii))
3. Defines a “service dog” as a dog trained individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair, or fetching dropped items (Penal Code section 365.5(f) and Civil Code Section 54.1(b)(6)(B)(ii))
4. Defines a “guide dog instructor” as a person who instructs or trains persons who are blind or visually impaired in the use of guide dogs or who engages in the business of training, selling, hiring, or supplying guide dogs for persons who are blind or visually impaired. (BPC Section 7201(a))
5. Prohibits a person from advertising or presenting themselves as a “guide dog instructor,” “certified guide dog instructor,” or any related terms without having knowledge of the special problems of persons who are blind or visually impaired and being able to teach them, being able to demonstrate the ability to train guide dogs with which persons who are blind or visually impaired would be safe under various traffic conditions, or being employed by a guide dog school certified by the International Guide Dog Federation. (BPC Section 7200)
6. States that any person who knowingly and fraudulently represents themselves to be the owner or trainer of a guide, signal, or service dog is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding six months, by a fine not exceeding $1,000, or by both that fine and imprisonment. (Penal Code Section 365.7)
7. Establishes the Polanco-Lockyer Pet Breeder Warranty Act, which regulates the breeding and sale of dogs. (Health and Safety Code, Section 122045 et seq.)
8. Establishes the California Fair Employment and Housing Act (FEHA) which, broadly, provides discrimination protections in employment and housing. (Government Code Section 12900 et seq.)
9. Defines “support animals” for the purposes of the FEHA as animals that provide emotional, cognitive, or other support to an individual with a disability. Clarifies that a support animal does not need to be trained or certified. States that support animals are also known as comfort animals or emotional support animals. (2 California Code of Regulations (CCR) Section 12005(d)(2))

THIS BILL:

1. Makes findings and declarations relating to data regarding attacks experienced by guide dog users and guide dogs.
2. Makes findings and declarations that both California law and federal law provide specific protections for individuals with disabilities.
3. Makes findings and declarations regarding the disconnect between enforcement by businesses and state and federal laws.
4. Makes findings and declarations relating to the differences between service dogs and emotional support dogs.
5. States existing obligations and legal rights for both the service dog handler and the business.
6. Defines “service dog” as a “guide dog”, “signal dog”, or “service dog” as those terms are defined in existing law.
7. Requires the DCA, on or before September 10, 2025, to inform places of businesses, through a statewide educational campaign about the following:
   1. The high number of attacks on their dogs by other dogs.
   2. The need to exercise better control over untrained dogs to reduce the number of these attacks, and the need for owners and operators of places of public accommodation to exercise their legal right to remove from their premises animals not behaving in a safe and appropriately controlled manner.
   3. The obligation under law for the service dog handler to have their service animal behave in a safe manner and under control.
   4. The legal right of the business to provide access to service dog users responsibilities relating to legal obligations and the behavior of the animal.
8. Requires, upon appropriation by the Legislature, the DCA to carry out the educational campaign through a variety of means, including the DCA’s website, posters, and other materials in public places, videos, and public service announcements.
9. Authorizes the DCA to, in addition to public funding for conducting the campaign, solicit donations from private sources, including service dog schools.
10. Requires the DCA to, in conducting this educational campaign, consult with service dog schools and advocacy organizations for people who are blind or have other physical or sensory disabilities.

FISCAL EFFECT: Unknown. This bill is keyed fiscal by Legislative Counsel.

COMMENTS:

Purpose. This bill is sponsored by Canine Companions. According to the author, “one in four adults in the United States live with a disability. Thousands are assisted by task-trained service dogs to increase independence. Unfortunately, the misrepresentation of pet dogs as service dogs in public places has significant impacts on the access and physical safety of legitimate service dog teams. A dedicated, targeted education campaign for businesses and the general public would explain the importance of task-trained service dogs’ roles in public and reduce threats to the safety of these working teams.”

Background.

Preventable Problems Identified. According to the California Council of the Blind’s dog attack survey, the responses and data collected indicate that somewhere between one-third and one-half of guide dog users and more than three-quarters of service dog users experience attacks against their guide or service dogs by other dogs. These attacks occur both in places of public accommodation and on private property, including the residences of guide and service dog users. These attacks sometimes produce serious physical or psychological injury to a qualified service dog and can result in expenses to the service dog user that include veterinary expenses, lost income due to missed work days, financial impacts of permanently removing a service dog from duty, including replacement of the service dog, and even medical bills for service dog users themselves. Although criminal penalties exist and include potential recovery of expenses from the owner of, or other person responsible for, the attacking dog, it is argued that these laws are seldom enforced and could be dismissed as an actual solution for the service dog user. The survey also concluded the majority of these incidents could have been prevented if businesses and the general public had a better understanding and education on the importance of trained service dogs and their role in assisting people with disabilities in public accommodations.

The Americans with Disabilities Act and Service Animals. The Americans with Disabilities Act (ADA) was established in 1990 and is a landmark civil rights law prohibiting discrimination against individuals with disabilities across broad categories, including employment, education, transportation, and access to public accommodations. The ADA acknowledges that in order to fully participate in everyday life, some individuals with disabilities require assistance from service animals. In fact, the ADA defines a service animal as a dog that has been individually trained to work or perform tasks for an individual with a disability. The tasks performed by the animal must be directly related to the person’s disability in order for the animal to be considered a service animal. Therefore, under the ADA, public entities are required to reasonably accommodate individuals with disabilities and allow service animals into their facilities regardless of established pet policies. California has several statutory provisions extending the same protections over the use of service animals, notably under the California Fair Employment and Housing Act, the Unruh Civil Rights Act, and the Disabled Persons Act.

Service Animals vs. Emotional Support Animals. In recent years, a new category of assistance animals has emerged, often referred to as “emotional support animals” (ESAs). ESAs are legally different from service animals. As previously referenced, service animals are defined under federal and California law as a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability. An ESA is a dog, or other animal, that is not trained to perform specific acts related to a person’s disability. Instead, the owner of an ESA derives a sense of well-being, fulfillment, companionship, or lessened anxiety with the presence of the animal. Of note, ESAs do not enjoy the same legal privileges as trained service dogs. For example, while service dogs must be allowed to accompany their human partner in public places, ESAs do not have to be accommodated.

Notable Privileges for ESAs. While ESAs do not have the same rights and privileges as service dogs, there are few, notable exceptions, particularly in housing statutes. Under federal and California laws, individuals with a disability may request to keep an assistance animal as a reasonable accommodation to a housing provider’s pet restrictions. In the context of housing, an assistance animal includes both service dogs and any animals that provide emotional support. Generally, reasonable accommodation requests involve a request to allow the animal to live in a property with a no-pets policy, or a request to waive a pet deposit fee. In specified instances, the housing provider may request disability-related information, such as documentation from a health care provider, if the disability and the disability-related need for the animal were not apparent. In order to respect these existing privileges, this bill clarifies that its provisions shall not be construed to restrict or change existing federal and state laws related to a person’s rights for reasonable accommodation and equal access to housing.

Documentation issued by health care or mental health providers. Letters from health care and mental health providers are sometimes requested to show that an animal provides a disability-related benefit to an individual. In some instances, ESAs can provide legitimate therapeutic benefits and play an important role in supplementing mental health. However, documentation from a provider may be required to bolster the legitimacy of an ESA, particularly in the context of housing and travel. As a result, it has become increasingly common for individuals to request a health care or mental health provider to provide such documentation. Providers who may issue such documentation may include physicians, psychiatrists, psychologists, licensed marriage and family therapists, licensed clinical social workers, and licensed professional clinical counselors.

Prior Related Legislation.

AB 774 (Hertzberg) Chapter 550, Statutes of 2022, exempts unhoused individuals from a mandate in existing law that requires all individuals have at least a 30-day existing relationship with a health care practitioner prior to obtaining a certification for an emotional support dog.

AB 468 (Friedman) Chapter 168, Statutes of 2021, requires a person or business that sells or provides an emotional support dog to provide notice specifying that the dog does not have the special training required to be a guide, signal or service dog. Requires a person or business that sells or provides a certificate, tag, vest, leash or harness for an emotional support dog to provide notice to the buyer that the material does not entitle an emotional support dog to the rights and privileges afforded to a guide, signal or service dog. Prohibits a licensed healthcare practitioner from providing documentation about an individual's need for an emotional support animal without meeting specified requirements. Creates civil penalties for specified violations.

AB 1705 (Low) Chapter 669, Statutes of 2017, established a title protection for guide dog instructors upon the sunset of the State Board of Guide Dogs for the Blind (Board) on January 1, 2018. Requires a guide dog school to annually submit on or before September 1^st to the Department of Consumer Affairs (DCA) a list of all trainers or guide dog instructors employed or contracted by the school. The measure also prohibits the DCA from charging a fee to the school for collecting the data. Finally, the bill deleted a reference to the Guide Dogs for the Blind Fund.

ARGUMENTS IN SUPPORT:

Canine Companions, one of the bill’s sponsor, writes in support of the bill: “both California law and federal law provide protections against the misrepresentation by persons without disabilities to gain the rights afforded to those with disabilities, including the right to be accompanied by a trained service dog in places of public accommodation. However, many businesses do not know or choose not to enforce the laws protecting their rights as business owners, and the rights of people with disabilities, when faced with a service dog and its handler. This measure would require the Department of Consumer Affairs, in consultation with service dog schools and advocacy organizations, to conduct a statewide educational campaign concerning the problems faced by qualified service dog users, including but not limited to out-of-control dogs in places pets are not permitted, access denials, and training of employees. We ask that you join us in supporting this bill. Together we can educate businesses and individuals on the important role service dogs play for their handlers in public places and ensure that businesses and individuals know their rights and expectations relating to service dogs.”

The American Kennel Club also write the following in support: “unfortunately, many Californians are unaware of the importance, cost, and fragility of service dogs; this can lead to untrained animals and/or their owners disrupting working service dogs. Such incidents do not even need to be severe to cause damage. Incidents of increasing degree can be hugely damaging to the ability of service dogs to perform the tasks for which they are trained, and for owners to be able to function in public. Additionally, the costs and time associated with remedying such attacks are severely burdensome. This measure seeks to reduce the number of incidents where service dogs and their owners are victimized by raising public awareness through an educational campaign about the important work that service dogs do on a daily basis. Although there are laws that attempt to remedy attacks on service dogs, they are rarely enforced. It is critical that such incidents are avoided altogether by raising the public’s knowledge about service dogs.”

ARGUMENTS IN OPPOSITION:

None on file.

POLICY ISSUE(S) FOR CONSIDERATION:

This bill, as currently drafted, would require DCA, on or before September 10, 2025, to inform places of businesses through a statewide educational campaign about unnecessary conflicts and various problems qualified service dog users face on a daily basis. Although prior legislation required guide dog schools to annually submit to the DCA a list of all trainers or guide dog instructors employed or contracted by the school, DCA may not be the most appropriate department to conduct this specific education outreach campaign for places of business. The author may wish to consider whether the Department of Rehabilitation could effectively conduct the education and outreach campaign with service dog schools and advocacy organizations,

REGISTERED SUPPORT:

Canine Companions (sponsor)

American Kennel Club, INC.

California Council of the Blind

Guide Dogs for the Blind

National Federation of the Blind of California

REGISTERED OPPOSITION:

None on file.

Analysis Prepared by: Annabel Smith / B. & P. / (916) 319-3301