[Cagdu] AB 2888

[Shannon Dillon]

Hi everyone,

Below is the summary of AB 2888 concerning guide, signal, and service
dogs: emotional support dogs.
It has not been amended since March 16, 2020 but still appears as
active. It was rerefered to the Committee on Public Safety on March
16.


 CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION


Assembly Bill

No. 2888




Introduced by Assembly Member Friedman


February 21, 2020



 An act to add Article 4 (commencing with Section 122317) to Chapter 5
of Part 6 of Division 105 of the Health and Safety Code, and to amend
Section 365.7 of the Penal Code, relating to service dogs.




LEGISLATIVE COUNSEL'S DIGEST


AB 2888, as amended, Friedman.Guide, signal, and service dogs:
emotional support dogs.


Existing law makes a person who knowingly and fraudulently represents,
through verbal or written notice, the person to be the owner or
trainer of any canine licensed as, to be qualified as, or identified
as, a guide, signal, or service dog, as defined, guilty of a
misdemeanor punishable by imprisonment in the county jail not
exceeding 6 months, by a fine not exceeding $1,000, or by both that
fine and imprisonment.

This bill would make a person who knowingly and fraudulently
represents, sells, or offers for sale, or attempts to represent, sell,
or offer for sale, an emotional support dog as being entitled to the
rights and privileges accorded by law to a guide, signal, or service
dog guilty of a misdemeanor punishable by imprisonment in the county
jail not exceeding 6 months, by a fine not exceeding $1,000, or by
both that fine andimprisonment.

The bill would also require a person or business that sells or
provides a dog as an emotional support dog to provide an explicit
disclosure form to the potential receiver of the dog stating that the
dog does not have the special training required of a guide, signal, or
service dog and is not entitled to the rights and privileges accorded
by law to a guide, signal, or service dog. The bill would require a
person or business that offers to sell or provide a certificate,
identification, tag, vest, leash, or harness for an emotional support
dog to provide an explicit disclosure form, as specified, to the buyer
or potential buyer, and would prohibit that person or business that
offers to sell or provide a certification or registration, or both,
for an emotional support dog from implying that there is a government
validation or endorsement of the certification or registry.The bill
would also prohibit a health care practitioner from providing
documentation relating to an individual’s need for an emotional
support dog that is not a guide, signal, or service dog, as defined,
unless the health care practitioner complies with specified
requirements, including holding a valid license, establishing a
client-provider relationship with the individual for at least 30 days
prior to providing the documentation, and completing an in-person
clinical evaluation of the individual regarding the need for an
emotional support dog. The bill would make a person who fails to
comply with these requirements or violates that prohibition subject to
the criminal penalties described above and would make a business that
fails to comply with these requirements or violates that prohibition
subject to a criminal fine, as specified.

By creating new crimes, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.

This bill would provide that no reimbursement is required by this act
for a specified reason.


-- 
SHANNON L. DILLON
Secretary and Legislative Coordinator
National Federation of the Blind
of California
The National Federation of the Blind is a community of members and
friends who believe in the hopes and dreams of the nation’s blind.
Every day we work together to help blind people live the lives they
want.
www.nfbcal.org