BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1331|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 1331
Author: Pavley (D)
Amended: 4/11/16
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 8-0, 4/18/16
AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez,
Jackson, Mendoza
NO VOTE RECORDED: Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: State Board of Guide Dogs for the Blind:
membership: out-of-state schools: followup services
SOURCE: California Council of the Blind
DIGEST: This bill changes the composition of the State Board
of Guide Dogs for the Blind (Board); allows for out-of-state
guide dog instructors to come into California to provide
follow-up services without having to obtain a license from the
Board, but only when they notify the Board that they will be
providing the follow-up services and submit themselves to the
jurisdiction of the Board; and requires the Board to provide a
factsheet as specified on its website and to schools who provide
guide dog training and to those receiving the training.
ANALYSIS:
Existing law:
1)Establishes the Board within the Department of Consumer
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Affairs (DCA) which consists of seven members appointed by the
Governor and requires that two of the Board members be persons
who are blind or visually impaired who use guide dogs.
(Business and Professions Code (BPC) § 7200)
2)Provides that the Board shall have 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, and provides that the Board shall also have
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. (BPC § 7200.5)
This bill:
1)Changes the composition of the Board to require at least three
members to be either blind or visually impaired instead of
just two members. Of the three, requires one from each of the
two major consumer organizations representing Californians who
are blind or visually impaired and requires the Governor to
consider recommendations from these organizations in making
the appointments.
2)Provides that notwithstanding any other law, whenever an
individual has received training or instruction from a school
outside of this state that is certified by the International
Guide Dog Federation or a successor entity, as determined by
the Board, personnel from that school may provide, in this
state, any follow-up service to that individual with respect
to the specific guide dog for whom the training or instruction
was originally provided outside of this state.
3)Requires the Board, until January 1, 2018, to prepare a
factsheet that provides a description of the purposes served
by the Board, a description of the Board's role in assisting
guide dog users who are victims of alleged guide dog
discrimination, and a description of the Board's arbitration
procedure. Requires the Board to post the factsheet on its
Internet Web site and provide copies to each licensed guide
dog school by the Board and that each school shall provide a
copy of the factsheet to every student receiving training from
the school.
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Background
The Board was established in 1948 to ensure that blind persons
receive well-trained guide dogs, to confirm that blind persons
are thoroughly trained to be effective and safe guide dog users,
and to assure donors to guide dog charities that their donations
will be used for the intended charitable purpose. The Board
licenses guide dog schools, guide dog instructors, and
fundraising programs to open new guide dog schools. The Board
inspects all schools, requires new active guide dog instructors
to take a legally defensible written and practical examination,
and requires instructors to submit proof of eight hours of
continuing education each year to remain licensed. California
is the only state that has such a regulatory program.
According to the author, existing law pertaining to the Board is
not adequate to protect the needs of persons who are blind and
visually impaired. This bill seeks to improve services by
focusing on three areas in need of reform
Board composition. As stated by the author, "Currently, the
composition of the Board of Guide Dogs for the Blind does not
adequately understand the needs and challenges of the blind
and visually impaired. Of the seven members on the Board,
only two are required to be guide dog handlers. Also, there
is not adequate representation from the two consumer advocacy
organizations whose central mission is to help the blind gain
full independence and equality of opportunity in all walks of
life. This can create a situation where a majority of board
members lack the knowledge to make the best decisions
concerning the administration of the board's authority."
Follow-up services from out-of-state schools. The author
explains that in recent years, the Board has interpreted its
authority as requiring an out-of-state school that has
provided training to a California resident at the school to
obtain a license from the Board for any staff to come into
California for the sole purpose of providing follow-up
services to the student, with respect to the dog for which the
original training was received out-of-state. This has taken
guide dog owners by surprise throughout the state. For
decades, out-of-state schools have been allowed to provide
follow-up care and there have been no adverse incidents on
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record in terms of this assistance.
Given that the Board is now requiring out-of-state schools to
obtain licensure in California for this limited time period,
there is a growing backlash from out-of-state schools, as
stated by the author. One school in New Jersey has already
been fined and sent a cease and desist letter. They are no
longer providing services in California leaving guide dog
owners who received original training from this school with no
follow-up assistance whatsoever. While the Board has been
unable to identify any instance of objectionable care rendered
by a non-state school relating to follow-up care, they believe
follow-up care is "instruction" and any instruction in this
state must be licensed. The California Council for the Blind
states that follow-up service is not "basic instruction,"
which was provided originally at the school. This is simply
follow-up assistance to help the dog after he has graduated
from the school and there should not burdensome licensing
requirements to assist in these limited circumstances. No
other state in the nation requires the licensure of guide dogs
schools or instructors.
This bill, as pointed out by the author, is intended to allow
follow-up assistance in very limited circumstances. "This
issue is very important to the blind and visually impaired for
many reasons. Schools have very different philosophies in
terms of training. It is important to have a continuum of
care with the original school because they know and understand
the guide dog owner and guide dog which received comprehensive
training at their school and can appropriately intervene in a
timely fashion."
Guide dog Board fact sheet. As further explained by the
author, guide dog handlers are often unaware of the authority
of the Board, and even those who have some knowledge about the
Board are unclear as to its powers and duties. While there
is some information available on the Board's Web site, it
remains challenging for the blind and visually impaired to
access the information. Many of the visually impaired have no
computer access. Others that do have computer access do not
have good web searching skills and the Web site is very
difficult to navigate. It would be beneficial, the author
believes, to have all the required information in one document
- a fact sheet - similar to what is offered by other boards
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and departments. The fact sheet should be required to be
handed out to all graduates at guide dog training schools so
the visually impaired do not have to worry about computer
access. The guide dogs schools are supportive of making this
information available. A fact sheet will also be helpful to
the Board because it will clarify what the Board can and
cannot do, so that consumers do not have unrealistic
expectations. Many questions involving services for the
blind, as indicated by the author, have to be referred to the
Americans With Disabilities Information Assistance Call Line
because their questions are outside of the jurisdiction of the
Board.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified5/17/16)
California Council of the Blind (source)
Guide Dogs for the Blind
International Guide Dog Federation
OPPOSITION: (Verified5/17/16)
California State Board of Guide Dogs for the Blind
ARGUMENTS IN SUPPORT: Supporters believe that adding an
additional dog care handler to the Board will help ensure that
the board contains sufficient number of members who have the
requisite knowledge about guide dog issues to make the best
possibly policy determinations in matters that come before the
Board. Providing a factsheet and including it on its Board Web
site along with providing to guide dog schools and to their
students will ensure that guide dog handlers and others
interested in the use of guide dogs will continue to have access
to information about the Board.
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Supporters also believe that the provisions related to
out-of-state schools will not undermine state licensing
requirements but merely enable Californians who have chosen an
out-of-state school and who need follow-up instruction, often in
emergency situations such as the dog having been attacked or
been in an accident, to obtain that service. Supporters note
that by requiring that the out-of-state school that is providing
one of its staff persons for follow-up services to be from a
school that is accredited by the International Guide Dog
Federation, there will be safe, unrestricted, independent
mobility of guide dogs for all people who are blind or partially
sighted for one of their accredited member organizations.
Guide Dogs for the Blind (GDB) expresses overall support for
this bill but has concerns regarding follow-up services provided
by instructors from out-of-state who are not licensed by the
Board. The GCB believes that this bill will create
inconsistency in the provision of services for California guide
dog users by allowing those guide dog users who received their
guide dog training from an out-of-state guide dog school to
receive follow-up services from an individual who may or may not
meet California's standards for instruction and follow-up.
ARGUMENTS IN OPPOSITION: The Board is opposed to this bill
and argues that the change in the composition of the Board is
not necessary and would further restrict the candidate pool with
which the Governor may choose from when making appointments and
that representation of those who utilize the service of guide
dogs is adequate. The Board also argues that no other state
requires licensure for those who train guide dogs nor provides a
standardized examination process for these instructors. The
Board feels strongly that the examination and licensure of
instructors is the only way to ensure that consumers are
protected from standardized instruction. Those who provide
follow-up services are providing what the Board considers as
instruction and therefore should be subject to the jurisdiction
and requirements of the Board. Lastly, the requirement that the
Board provide a fact sheet should be handled as a regulatory
matter and should be addressed as such.
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Prepared by:Bill Gage / B., P. & E.D. / (916) 651-4104
5/18/16 16:28:06
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