ASSEMBLY BILL No. 1705

Transcription

1 AMENDED IN SENATE AUGUST 30, 2017 AMENDED IN SENATE JULY 17, 2017 AMENDED IN ASSEMBLY MAY 30, 2017 AMENDED IN ASSEMBLY MAY 2, 2017 california legislature regular session ASSEMBLY BILL No Introduced by Assembly Member Low March 2, 2017 An act to repeal and amend Section 205 of, and to repeal and add Chapter 9.5 (commencing with Section 7200) of Division 3 of of, the Business and Professions Code, relating to professions and vocations. legislative counsel s digest AB 1705, as amended, Low. State Board of Guide Dogs for the Blind: guide dog instructors. Existing law, until January 1, 2018, establishes within the Department of Consumer Affairs a State Board of Guide Dogs for the Blind, which consists of 7 members appointed by the Governor. Existing law authorizes the board 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

2 AB guide dog unless he or she holds a valid and unimpaired license issued pursuant to the provisions governing guide dogs. A violation of those provisions is a crime. This bill would repeal those provisions. The bill would make it a misdemeanor for any person to use who uses in any sign, business card, or letterhead, or in any advertisement, the words guide dog instructor, certified guide dog instructor, or any other terms or letters indicating or implying that he or she is an instructor trained in the utilization or training of guide dogs for the blind, or to represent or hold who represents or holds himself or herself out as a guide dog instructor without having knowledge of the special problems of persons who are blind or visually impaired and being able to teach them, being able to demonstrate the ability to train guide dogs with which persons who are blind or visually impaired would be safe under various traffic conditions, or being employed by a guide dog school certified by the International Guide Dog Federation or a successor entity. Because this bill would create a new crime, the bill would impose a state-mandated local program. entity, subject to a fine or civil penalty. The bill would also require a guide dog school to submit to the Department of Consumer Affairs, on or before September 1 of each year, a list of all trainers or guide dog instructors employed or contracted by the school. The bill would make other conforming changes. 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 no. The people of the State of California do enact as follows: line 1 SECTION 1. Section 205 of the Business and Professions Code, line 2 as added by Section 2 of Chapter 3 of the Statutes of 2015, is line 3 repealed. line (a) There is in the State Treasury the Professions and line 5 Vocations Fund. The fund shall consist of the following special line 6 funds: line 7 (1) Accountancy Fund. line 8 (2) California Architects Board Fund.

3 3 AB 1705 line 1 (3) Athletic Commission Fund. line 2 (4) Barbering and Cosmetology Contingent Fund. line 3 (5) Cemetery and Funeral Fund. line 4 (6) Contractors License Fund. line 5 (7) State Dentistry Fund. line 6 (8) Guide Dogs for the Blind Fund. line 7 (9) Home Furnishings and Thermal Insulation Fund. line 8 (10) California Architects Board-Landscape Architects Fund. line 9 (11) Contingent Fund of the Medical Board of California. line 10 (12) Optometry Fund. line 11 (13) Pharmacy Board Contingent Fund. line 12 (14) Physical Therapy Fund. line 13 (15) Private Investigator Fund. line 14 (16) Professional Engineer s and Land Surveyor s Fund. line 15 (17) Consumer Affairs Fund. line 16 (18) Behavioral Sciences Fund. line 17 (19) Licensed Midwifery Fund. line 18 (20) Court Reporters Fund. line 19 (21) Veterinary Medical Board Contingent Fund. line 20 (22) Vocational Nurses Account of the Vocational Nursing and line 21 Psychiatric Technicians Fund. line 22 (23) Electronic and Appliance Repair Fund. line 23 (24) Geology and Geophysics Account of the Professional line 24 Engineer s and Land Surveyor s Fund. line 25 (25) Dispensing Opticians Fund. line 26 (26) Acupuncture Fund. line 27 (27) Physician Assistant Fund. line 28 (28) Board of Podiatric Medicine Fund. line 29 (29) Psychology Fund. line 30 (30) Respiratory Care Fund. line 31 (31) Speech-Language Pathology and Audiology and Hearing line 32 Aid Dispensers Fund. line 33 (32) Board of Registered Nursing Fund. line 34 (33) Psychiatric Technician Examiners Account of the line 35 Vocational Nursing and Psychiatric Technicians Fund. line 36 (34) Animal Health Technician Examining Committee Fund. line 37 (35) State Dental Hygiene Fund. line 38 (36) State Dental Assistant Fund. line 39 (37) Structural Pest Control Fund. line 40 (38) Structural Pest Control Eradication and Enforcement Fund.

4 AB line 1 (39) Structural Pest Control Research Fund. line 2 (b) For accounting and recordkeeping purposes, the Professions line 3 and Vocations Fund shall be deemed to be a single special fund, line 4 and each of the several special funds therein shall constitute and line 5 be deemed to be a separate account in the Professions and line 6 Vocations Fund. Each account or fund shall be available for line 7 expenditure only for the purposes as are now or may hereafter be line 8 provided by law. line 9 (c) This section shall become operative on July 1, line 10 SEC. 2. Section 205 of the Business and Professions Code, as line 11 added by Section 2 of Chapter 428 of the Statutes of 2015, is line 12 repealed. line (a) There is in the State Treasury the Professions and line 14 Vocations Fund. The fund shall consist of the following special line 15 funds: line 16 (1) Accountancy Fund. line 17 (2) California Architects Board Fund. line 18 (3) Athletic Commission Fund. line 19 (4) Barbering and Cosmetology Contingent Fund. line 20 (5) Cemetery Fund. line 21 (6) Contractors License Fund. line 22 (7) State Dentistry Fund. line 23 (8) State Funeral Directors and Embalmers Fund. line 24 (9) Guide Dogs for the Blind Fund. line 25 (10) Home Furnishings and Thermal Insulation Fund. line 26 (11) California Architects Board-Landscape Architects Fund. line 27 (12) Contingent Fund of the Medical Board of California. line 28 (13) Optometry Fund. line 29 (14) Pharmacy Board Contingent Fund. line 30 (15) Physical Therapy Fund. line 31 (16) Private Investigator Fund. line 32 (17) Professional Engineer s, Land Surveyor s, and Geologist s line 33 Fund. line 34 (18) Consumer Affairs Fund. line 35 (19) Behavioral Sciences Fund. line 36 (20) Licensed Midwifery Fund. line 37 (21) Court Reporters Fund. line 38 (22) Veterinary Medical Board Contingent Fund. line 39 (23) Vocational Nurses Account of the Vocational Nursing and line 40 Psychiatric Technicians Fund.

5 5 AB 1705 line 1 (24) Electronic and Appliance Repair Fund. line 2 (25) Dispensing Opticians Fund. line 3 (26) Acupuncture Fund. line 4 (27) Physician Assistant Fund. line 5 (28) Board of Podiatric Medicine Fund. line 6 (29) Psychology Fund. line 7 (30) Respiratory Care Fund. line 8 (31) Speech-Language Pathology and Audiology and Hearing line 9 Aid Dispensers Fund. line 10 (32) Board of Registered Nursing Fund. line 11 (33) Psychiatric Technician Examiners Account of the line 12 Vocational Nursing and Psychiatric Technicians Fund. line 13 (34) Animal Health Technician Examining Committee Fund. line 14 (35) State Dental Hygiene Fund. line 15 (36) State Dental Assistant Fund. line 16 (37) Structural Pest Control Fund. line 17 (38) Structural Pest Control Eradication and Enforcement Fund. line 18 (39) Structural Pest Control Research Fund. line 19 (b) For accounting and recordkeeping purposes, the Professions line 20 and Vocations Fund shall be deemed to be a single special fund, line 21 and each of the several special funds therein shall constitute and line 22 be deemed to be a separate account in the Professions and line 23 Vocations Fund. Each account or fund shall be available for line 24 expenditure only for the purposes as are now or may hereafter be line 25 provided by law. line 26 (c) This section shall become operative on July 1, line 27 SEC. 3. Section 205 of the Business and Professions Code, as line 28 amended by Section 1 of Chapter 800 of the Statutes of 2016, is line 29 amended to read: line (a) There is in the State Treasury the Professions and line 31 Vocations Fund. The fund shall consist of the following special line 32 funds: line 33 (1) Accountancy Fund. line 34 (2) California Architects Board Fund. line 35 (3) Athletic Commission Fund. line 36 (4) Barbering and Cosmetology Contingent Fund. line 37 (5) Cemetery and Funeral Fund. line 38 (6) Contractors License Fund. line 39 (7) State Dentistry Fund. line 40 (8) Guide Dogs for the Blind Fund.

6 AB line 1 (9) line 2 (8) Home Furnishings and Thermal Insulation Fund. line 3 (10) line 4 (9) California Architects Board-Landscape Architects Fund. line 5 (11) line 6 (10) Contingent Fund of the Medical Board of California. line 7 (12) line 8 (11) Optometry Fund. line 9 (13) line 10 (12) Pharmacy Board Contingent Fund. line 11 (14) line 12 (13) Physical Therapy Fund. line 13 (15) line 14 (14) Private Investigator Fund. line 15 (16) line 16 (15) Private Security Services Fund. line 17 (17) line 18 (16) Professional Engineer s, Land Surveyor s, and Geologist s line 19 Fund. line 20 (18) line 21 (17) Consumer Affairs Fund. line 22 (19) line 23 (18) Behavioral Sciences Fund. line 24 (20) line 25 (19) Licensed Midwifery Fund. line 26 (21) line 27 (20) Court Reporters Fund. line 28 (22) line 29 (21) Veterinary Medical Board Contingent Fund. line 30 (23) line 31 (22) Vocational Nursing and Psychiatric Technicians Fund. line 32 (24) line 33 (23) Electronic and Appliance Repair Fund. line 34 (25) line 35 (24) Dispensing Opticians Fund. line 36 (26) line 37 (25) Acupuncture Fund. line 38 (27) line 39 (26) Physician Assistant Fund. line 40 (28)

7 7 AB 1705 line 1 (27) Board of Podiatric Medicine Fund. line 2 (29) line 3 (28) Psychology Fund. line 4 (30) line 5 (29) Respiratory Care Fund. line 6 (31) line 7 (30) Speech-Language Pathology and Audiology and Hearing line 8 Aid Dispensers Fund. line 9 (32) line 10 (31) Board of Registered Nursing Fund. line 11 (33) line 12 (32) Animal Health Technician Examining Committee Fund. line 13 (34) line 14 (33) State Dental Hygiene Fund. line 15 (35) line 16 (34) State Dental Assistant Fund. line 17 (36) line 18 (35) Structural Pest Control Fund. line 19 (37) line 20 (36) Structural Pest Control Eradication and Enforcement Fund. line 21 (38) line 22 (37) Structural Pest Control Research Fund. line 23 (b) For accounting and recordkeeping purposes, the Professions line 24 and Vocations Fund shall be deemed to be a single special fund, line 25 and each of the several special funds therein shall constitute and line 26 be deemed to be a separate account in the Professions and line 27 Vocations Fund. Each account or fund shall be available for line 28 expenditure only for the purposes as are now or may hereafter be line 29 provided by law. line 30 (c) This section shall become operative on July 1, line 31 SECTION 1. line 32 SEC. 4. Chapter 9.5 (commencing with Section 7200) of line 33 Division 3 of the Business and Professions Code is repealed. line 34 SEC. 2. line 35 SEC. 5. Chapter 9.5 (commencing with Section 7200) is added line 36 to Division 3 of the Business and Professions Code, to read:

8 AB line 1 Chapter 9.5. Guide Dogs for the Blind line 2 line Any person who uses in any sign, business card, or line 4 letterhead, or in any advertisement, the words guide dog line 5 instructor, certified guide dog instructor, or any other terms or line 6 letters indicating or implying that he or she is an instructor trained line 7 in the utilization or training of guide dogs for the blind, or who line 8 represents or holds himself or herself out as a guide dog instructor, line 9 without having knowledge of the special problems of persons who line 10 are blind or visually impaired and being able to teach them, being line 11 able to demonstrate the ability to train guide dogs with which line 12 persons who are blind or visually impaired would be safe under line 13 various traffic conditions, or being employed by a guide dog school line 14 certified by the International Guide Dog Federation, or a successor line 15 entity, is guilty of a misdemeanor. subject to a fine or civil penalty. line For purposes of this chapter: line 17 (a) Guide dog instructor means a person who instructs or line 18 trains persons who are blind or visually impaired in the use of line 19 guide dogs or who engages in the business of training, selling, line 20 hiring, or supplying guide dogs for persons who are blind or line 21 visually impaired. line 22 (b) Guide dog means a dog that has been trained or is being line 23 trained to assist blind or visually impaired individuals. For purposes line 24 of this chapter, guide dog is used to describe a service dog. line A guide dog school shall submit to the Department of line 26 Consumer Affairs on or before September 1 of each year a list of line 27 all trainers or guide dog instructors employed or contracted by the line 28 school. The department shall not charge a fee for the collection of line 29 this data. line 30 SEC. 3. No reimbursement is required by this act pursuant to line 31 Section 6 of Article XIIIB of the California Constitution because line 32 the only costs that may be incurred by a local agency or school line 33 district will be incurred because this act creates a new crime or line 34 infraction, eliminates a crime or infraction, or changes the penalty line 35 for a crime or infraction, within the meaning of Section of line 36 the Government Code, or changes the definition of a crime within line 37 the meaning of Section 6 of Article XIII B of the California line 38 Constitution. O