California Senate Bill SB1331 Amended / Bill

 BILL NUMBER: SB 1331AMENDED BILL TEXT AMENDED IN SENATE APRIL 11, 2016 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:  out of state   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  consists   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, and would place those services beyond the jurisdiction of the board.   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.  The bill, until January 1, 2018, would require the board to prepare a factsheet regarding various functions of the board, to post that  fact sheet  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  fact sheet   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 1. Section 7200 of the Business and Professions Code is amended to read: 7200. (a) There is in the Department of Consumer Affairs a State Board of Guide Dogs for the Blind in whom enforcement of this chapter is vested. The board shall consist of seven members appointed by the Governor. One member shall be the Director of Rehabilitation or his or her designated representative. The remaining members shall be persons who have shown a particular interest in dealing with the problems of persons who are blind or visually impaired and at least three of them shall be persons who are blind or visually impaired who use guide dogs. Of the three members who are blind or visually impaired who use guide dogs, there shall be one representative from each of the two major consumer organizations representing Californians who are blind or visually impaired, and the Governor shall, in making these appointments, consider recommendations from those organizations. (b) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. SEC. 2. Section 7200.5 of the Business and Professions Code is amended to read: 7200.5. (a) 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. It 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. (b) 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 followup services to that individual with respect to the specific guide dog for whom training or instruction was originally provided outside of this  state, and the board shall have no jurisdiction over any followup services authorized pursuant to this subdivision.   state. The personnel from that school shall notify the board on a form prescribed by the board within five business days from the time the personnel arrive in this state of their intent to provide followup services. The board shall permit the personnel to provide the notification electronically and shall not require the personnel to notify the board of the name of the individual who will be receiving the   followup services. The board may refuse to allow personnel to provide followup services if the personnel have committed any act described in Section 7211.9. During the time the personnel provide followup services to the individual, the personnel shall be subject to the disciplinary jurisdiction of the board, which may inc   lude a citation and fine pursuant to the board's rules and regulations or any other disciplinary action which could be brought against a licensed instructor.  SEC. 3. Section 7215.7 is added to the Business and Professions Code, to read: 7215.7. (a) The board shall prepare a factsheet that shall contain all of the following: (1) A description of the purposes served by the board. (2) A description of the board's role in assisting guide dog users who are victims of alleged guide dog discrimination. (3) A description of the board's arbitration procedure under Section 7215.6. (b) The board shall post the factsheet on its Internet Web site and provide copies to each guide dog school licensed pursuant to this chapter. A school licensed under this chapter shall provide a copy of the factsheet to every student receiving training from that school. (c) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.