SB 1331, as amended, Pavley. State Board of Guide Dogs for the Blind: membership: out-of-state schools: followup services.
Existing law establishes within the Department of Consumer Affairs a State Board of Guide Dogs for the Blind, which is comprised 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, as specified. The bill would require the personnel,begin delete within 5 days ofend deletebegin insert not less than 3 days prior toend insert arriving in this state, to notify the board of their intent to provide thosebegin delete services, wouldend deletebegin insert services. If those services are to be provided due to emergency circumstances, as determined by the school based on specified examples, the bill would authorize that notice to be provided within 24 hours after the personnel arrive in this state. The bill wouldend insert
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. The bill, until January 1, 2018, would require the board to prepare a factsheet regarding various functions of the board, to post that factsheet 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 the factsheet to every student receiving training from that school. Because the failure of a licensed guide dog school to provide those copies and the failure of personnel to provide that notification 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:
Section 7200 of the Business and Professions
2Code is amended to read:
(a) There is in the Department of Consumer Affairs a
4State Board of Guide Dogs for the Blind in whom enforcement of
5this chapter is vested. The board shall consist of seven members
6appointed by the Governor. One member shall be the Director of
7Rehabilitation or his or her designated representative. The
8remaining members shall be persons who have shown a particular
9interest in dealing with the problems of persons who are blind or
10visually impaired and at least three of them shall be persons who
11are blind or visually impaired who use guide dogs. Of the three
12members who are blind or visually impaired who use guide dogs,
13there shall be one representative from each of the two major
14consumer organizations representing Californians who are blind
15or
visually impaired, and the Governor shall, in making these
16appointments, consider recommendations from those organizations.
17(b) This section shall remain in effect only until January 1, 2018,
18and as of that date is repealed, unless a later enacted statute, that
19is enacted before January 1, 2018, deletes or extends that date.
20Notwithstanding any other law, the repeal of this section renders
21the board subject to review by the appropriate policy committees
22of the Legislature.
Section 7200.5 of the Business and Professions Code
24 is amended to read:
(a) The board shall have exclusive authority in this
26state to issue licenses for the instruction of persons who are blind
27or visually impaired in the use of guide dogs and for the training
28of guide dogs for use by persons who are blind or visually
29impaired. It shall also have exclusive authority in this state to issue
30licenses to operate schools for the training of guide dogs and the
31instruction of persons who are blind or visually impaired in the
32use of guide dogs.
33(b) Notwithstanding any other law, whenever an individual has
34received training or instruction from a school outside of this state
35that is certified by the International Guide Dog
Federation or a
36successor entity, as determined by the board, personnel from that
37school may provide, in this state, any followup services to that
38individual with respect to the specific guide dog for whom training
P4 1or instruction was originally provided outside of this state. The
2personnel from that school shall notify the board on a form
3prescribed by the boardbegin delete within five business days fromend deletebegin insert not less
4than three business days prior toend insert the time the personnel arrive in
5this state of their intent to provide followup services.begin insert If those
6services are to be provided due to emergency circumstances, as
7determined by the school, notification may be provided within 24
8hours after
the personnel arrive in this state. For purposes of
9making that determination, emergency circumstances include, but
10are not limited to, injury to a dog that requires determination as
11to whether it remains safe for the dog to continue working, an
12accident involving the dog, or certain sudden changes in behavior
13that imperil the safety of the handler.end insert The board shall permit the
14personnel to provide the notification electronically and shall not
15require the personnel to notify the board of the name of the
16individual who will be receiving the followup services.begin insert However,
17the board may require a school to provide the name of the
18individual to whom services have been provided if needed for
19purposes of investigating the personnel from that school who
20provided these services.end insert The board may refuse to allow personnel
21to provide followup services if the
personnel have committed any
22act described in Section 7211.9. During the time the personnel
23provide followup services to the individual, the personnel shall be
24subject to the disciplinary jurisdiction of the board, which may
25include a citation and fine pursuant to the board’s rules and
26regulations or any other disciplinary action which could be brought
27against a licensed instructor.
Section 7215.7 is added to the Business and Professions
29Code, to read:
(a) The board shall prepare a factsheet that shall
31contain all of the following:
32(1) A description of the purposes served by the board.
33(2) A description of the board’s role in assisting guide dog users
34who are victims of alleged guide dog discrimination.
35(3) A description of the board’s arbitration procedure under
36Section 7215.6.
37(b) The board shall post the factsheet on its Internet Web site
38and provide copies to each guide dog school licensed pursuant to
39this chapter. A school
licensed under this chapter shall provide a
P5 1copy of the factsheet to every student receiving training from that
2school.
3(c) This section shall remain in effect only until January 1, 2018,
4and as of that date is repealed, unless a later enacted statute, that
5is enacted before January 1, 2018, deletes or extends that date.
No reimbursement is required by this act pursuant to
7Section 6 of Article XIII B of the California Constitution because
8the only costs that may be incurred by a local agency or school
9district will be incurred because this act creates a new crime or
10infraction, eliminates a crime or infraction, or changes the penalty
11for a crime or infraction, within the meaning of Section 17556 of
12the Government Code, or changes the definition of a crime within
13the meaning of Section 6 of Article XIII B of the California
14Constitution.
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