Amended in Senate April 11, 2016

Senate BillNo. 1331


Introduced by Senator Pavley

February 19, 2016


An act to amend Sections 7200 and 7200.5 of, and to add Section 7215.7 to, the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL’S DIGEST

SB 1331, as amended, Pavley. State Board of Guide Dogs for the Blind: membership:begin delete out of stateend deletebegin insert out-of-stateend insert schools: followup services.

Existing law establishes within the Department of Consumer Affairs a State Board of Guide Dogs for the Blind, whichbegin delete consistsend deletebegin insert is comprisedend insert of 7 members appointed by the Governor.

Existing law requires 2 of the board members to be persons who are blind or visually impaired who use guide dogs.

This bill would instead require the board to be composed of at least 3 members who are blind or visually impaired who use guide dogs. Of these 3 board members, the bill would require one representative from each of the 2 major consumer organizations representing Californians who are blind or visually impaired. The bill would also require the Governor, in making these appointments, to consider recommendations from those organizations.

Under existing law, the board has exclusive authority in this state to issue licenses for the instruction of persons who are blind or visually impaired in the use of guide dogs and for the training of guide dogs for use by persons who are blind or visually impaired. Under existing law, the board also has exclusive authority in this state to issue licenses to operate schools for the training of guide dogs and the instruction of persons who are blind or visually impaired in the use of guide dogs. Existing law makes it unlawful for any person to sell, offer for sale, give, hire, or furnish under any other arrangement, any guide dog or to engage in the business or occupation of training a guide dog unless he or she holds a valid and unimpaired license issued pursuant to this chapter. A violation of the provisions governing guide dogs is a crime.

This bill, whenever an individual has received training or instruction from a specified certified school outside of this state, would authorize personnel from that school to provide that individual with any followup services within this state with respect to the specific guide dog for whom training or instruction was originally provided outside of this state, asbegin delete specified, and would place those services beyond the jurisdiction of the board.end deletebegin insert specified. The bill would require the personnel, within 5 days of arriving in this state, to notify the board of their intent to provide those services, would authorize the board to refuse to allow personnel who have committed certain acts for which the board could suspend or revoke a license to provide those services, and would place those personnel under the disciplinary jurisdiction of the board while they provide those services.end insert The bill, until January 1, 2018, would require the board to prepare a factsheet regarding various functions of the board, to post thatbegin delete fact sheetend deletebegin insert factsheetend insert on its Internet Web site, and to provide copies to each of the licensed guide dog schools. The bill, until January 1, 2018, would also require a licensed guide dog school to provide copies of thebegin delete fact sheetend deletebegin insert factsheetend insert to every student receiving training from that school. Because the failure of a licensed guide dog school to provide those copiesbegin insert and the failure of personnel to provide that notificationend insert would be a crime, 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 7200 of the Business and Professions
2Code
is amended to read:

P3    1

7200.  

(a) There is in the Department of Consumer Affairs a
2State Board of Guide Dogs for the Blind in whom enforcement of
3this chapter is vested. The board shall consist of seven members
4appointed by the Governor. One member shall be the Director of
5Rehabilitation or his or her designated representative. The
6remaining members shall be persons who have shown a particular
7interest in dealing with the problems of persons who are blind or
8visually impaired and at least three of them shall be persons who
9are blind or visually impaired who use guide dogs. Of the three
10members who are blind or visually impaired who use guide dogs,
11there shall be one representative from each of the two major
12consumer organizations representing Californians who are blind
13or visually impaired, and the Governor shall, in making these
14appointments, consider recommendations from those organizations.

15(b) This section shall remain in effect only until January 1, 2018,
16and as of that date is repealed, unless a later enacted statute, that
17is enacted before January 1, 2018, deletes or extends that date.
18Notwithstanding any other law, the repeal of this section renders
19the board subject to review by the appropriate policy committees
20of the Legislature.

21

SEC. 2.  

Section 7200.5 of the Business and Professions Code
22 is amended to read:

23

7200.5.  

(a) The board shall have exclusive authority in this
24state to issue licenses for the instruction of persons who are blind
25or visually impaired in the use of guide dogs and for the training
26of guide dogs for use by persons who are blind or visually
27impaired. It shall also have exclusive authority in this state to issue
28licenses to operate schools for the training of guide dogs and the
29instruction of persons who are blind or visually impaired in the
30use of guide dogs.

31(b) Notwithstanding any other law, whenever an individual has
32received training or instruction from a school outside of this state
33that is certified by the International Guide Dog Federation or a
34successor entity, as determined by the board, personnel from that
35school may provide, in this state, any followup services to that
36individual with respect to the specific guide dog for whom training
37or instruction was originally provided outside of thisbegin delete state, and the
38board shall have no jurisdiction over any followup services
39authorized pursuant to this subdivision.end delete
begin insert state. The personnel from
40that school shall notify the board on a form prescribed by the
P4    1board within five business days from the time the personnel arrive
2in this state of their intent to provide followup services. The board
3shall permit the personnel to provide the notification electronically
4and shall not require the personnel to notify the board of the name
5of the individual who will be receiving the followup services. The
6board may refuse to allow personnel to provide followup services
7if the personnel have committed any act described in Section
87211.9. During the time the personnel provide followup services
9to the individual, the personnel shall be subject to the disciplinary
10jurisdiction of the board, which may include a citation and fine
11pursuant to the board’s rules and regulations or any other
12disciplinary action which could be brought against a licensed
13instructor.end insert

14

SEC. 3.  

Section 7215.7 is added to the Business and Professions
15Code
, to read:

16

7215.7.  

(a) The board shall prepare a factsheet that shall
17contain all of the following:

18(1) A description of the purposes served by the board.

19(2) A description of the board’s role in assisting guide dog users
20who are victims of alleged guide dog discrimination.

21(3) A description of the board’s arbitration procedure under
22Section 7215.6.

23(b) The board shall post the factsheet on its Internet Web site
24and provide copies to each guide dog school licensed pursuant to
25this chapter. A school licensed under this chapter shall provide a
26copy of the factsheet to every student receiving training from that
27school.

28(c) This section shall remain in effect only until January 1, 2018,
29and as of that date is repealed, unless a later enacted statute, that
30is enacted before January 1, 2018, deletes or extends that date.

31

SEC. 4.  

No reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution because
33the only costs that may be incurred by a local agency or school
34district will be incurred because this act creates a new crime or
35infraction, eliminates a crime or infraction, or changes the penalty
36for a crime or infraction, within the meaning of Section 17556 of
37the Government Code, or changes the definition of a crime within
P5    1the meaning of Section 6 of Article XIII B of the California
2Constitution.



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