BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 475|
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THIRD READING
Bill No: SB 475
Author: Padilla (D)
Amended: As introduced
Vote: 21
SEN. BUS., PROF. & ECON. DEV. COMMITTEE : 9-0, 4/20/09
AYES: Negrete McLeod, Aanestad, Corbett, Correa, Florez,
Oropeza, Romero, Walters, Yee
NO VOTE RECORDED: Wyland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Guide dogs for the blind
SOURCE : State Board for Guide Dogs for the Blind
DIGEST : This bill sets the annual renewal fee limit for
guide dog schools to no more than 0.005 of the schools
annual expenses, requires the State Board of Guide Dogs for
the Blind to establish the exact amount of the fee by
regulation and requires the renewal fee to be paid by April
30th of each year.
ANALYSIS :
Existing law:
1.Creates the State Board for Guide Dogs for the Blind
(Board), within the Department of Consumer Affairs (DCA),
to issue licenses for the instruction of blind persons in
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the use of guide dogs and for the training of guide dogs
for use by blind persons. The Board also has exclusive
authority to license guide dog schools.
2.Establishes the Guide dog for the Blind Fund (Fund) and
imposes an annual renewal fee of no more than 0.004 of
the school's annual expenses to be deposited in the Fund.
This bill sets the annual renewal fee limit for guide dog
schools to no more than 0.005 of the school's annual
expenses, requires the Board to establish the exact amount
of the fee by regulation and requires the renewal fee to be
paid by April 30th of each year.
Background
In the 1940's, there were no minimum standards for guide
dog school operations, and it was possible for anyone to
open a school. The Industrial Revolution and World War II
casualties increased the number of persons who were
visually impaired. Guide dog programs of varying quality
and competence emerged throughout the country, most of them
in California.
There was significant public confusion on the role and
function of guide dogs in public places and there was a
long list of scandalous activities that characterized the
guide dog industry. Providing dogs with no training,
raising funds with no plans to produce trained dogs,
selling dogs, accepting people for training and not
providing any and selling unauthorized certification papers
were commonplace occurrences. Out of the concern that the
blind and visually impaired were being victimized by scam
artists, the Board was created to protect the blind by
establishing guide dog school operation standards,
providing oversight of the disposition of donor funds to
licensed schools and licensing and regulating guide dog
instructors.
Prior to the establishment of the Board, there were
approximately 20 guide dog school operations. After the
Board was created, only two were able to qualify for
licensure. Those schools still exist today; Guide Dogs for
the Blind, Inc. in San Rafael and Guide Dogs of America in
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Sylmar. A third California school, the Guide dogs of the
Desert was licensed in 1972.
Department of Consumer Affairs Legal Opinion . In 2007, the
Guide Dogs for the Blind, Inc. submitted a request to the
Board to have all direct expenses of its Oregon Campus
excluded from the calculation of its annual renewal payment
on the grounds that it was unfair for them to pay license
fees for expenses for services provided outside California
and, therefore, the jurisdiction of the Board. In
response, the Board requested a DCA legal opinion on the
matter and on March 21, 20008, the Board adopted findings
of that opinion. The DCA opinion stated that the direct
costs for operating the Oregon campus should not be
included within the total expenses used for the calculation
of the annual renewal fee. The Board believes this
decision will reduce its annual revenue by $30,000.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 4/28/09)
State Board for Guide Dogs for the Blind (source)
California Council of the Blind
Guide Dog Users of California
Guide Dogs of America
Veterinary Medical Board
ARGUMENTS IN SUPPORT : According to the sponsor, the
State Board of Guide Dogs for the Blind, the annual renewal
payment rate was codified in 1994 when the Board changed
from a general funded agency to a special funded agency.
Since that time, the Board's workload has doubled and it is
struggling to maintain a consistent level of services. The
Board reports that it has 1.3 staff positions to perform
its essential services (licensing, examination and
enforcement) but that if it cannot provide those functions,
guide dog consumers will be harmed because they will not
have an avenue for redress of grievances, minimum training
standards for guide dogs or instruction for guide dog users
may be adversely affected and the financial integrity of
guide dog schools could be compromised. Due to the
unstable finances of nonprofit organizations, the Board
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states that it needs to have the flexibility to set the
annual renewal payment at a rate that can project future
spending levels.
JJA:cm 4/29/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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