BILL NUMBER: AB 2148	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hayashi

                        FEBRUARY 23, 2012

   An act to amend Section 7215.5 of the Business and Professions
Code, relating to guide dogs.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2148, as introduced, Hayashi. Guide dogs.
   Existing law, until January 1, 2014, provides for the licensure
and regulation of guide dog training schools and instructors, and
other matters pertaining to guide dogs by the State Board of Guide
Dogs for the Blind. Existing law provides that title of ownership of
a trained guide dog may be transferred from the training school to
the user as evidenced by a transfer of title agreement between the
parties, and that the school may retain the option to recover title
and possession to the guide dog under certain conditions, including,
but not limited to, if the blind person to whom the dog was furnished
has ceased to use the dog as a guide dog and the dog is not too old
to be retrained as a guide for another blind person.
   This bill would add to the latter provision that the school may
recover title and possession of the guide dog if the dog is not too
ailing to be retrained as a guide dog for another blind person.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 7215.5 of the Business and Professions Code is
amended to read:
   7215.5.   (a)    During the first year following
the successful training of each person-dog unit, and release from a
guide dog training school of the trained person supplied with a guide
dog, the school may retain title to the trained dog. During this
probationary year, the school may enter into a contractual agreement
with the user of the dog describing the conditions under which the
user may maintain the status of legal custodian of the dog. During
the probationary year, the school, acting in what it deems to be the
best interest of the user, the dog, or the public, may temporarily or
permanently resume possession of the dog. 
   Within 
    (b)     Within    15 days
after the end of each calendar year, each licensed school shall
report to the board the following:
   (1) The number of dog ownership titles transferred to dog users
pursuant to this section during the calendar year.
   (2) The number of title recoveries and repossessions made by the
school pursuant to this section during the calendar year.
   (3) The number, type, and amount of charges assessed for followup
training, instruction, veterinary, or boarding services, pursuant to
this section, which make a distinction between users who have
acquired title to their dogs and users who have not acquired title.
   (4) The views of the governing entity of the school as to any
problems or concerns relative to compliance with the provisions of
this section, along with recommendations for appropriate legislative
or administrative changes commensurate with the purposes of this
section. 
   Immediately 
    (c)     Immediately    upon
completion of the first year following the successful training
referred to above, if the training school and the dog user are
mutually satisfied with the operation of the person-dog unit, title
to the dog shall be transferred to the blind user if the user so
desires. Transfer of title shall be evidenced by a transfer of title
agreement executed by both parties thereto. The school may retain an
option to recover title and possession to the guide dog subject to
conditions described in the transfer of title agreement. These
conditions may include, but are not limited to, the following:
   (1) If in the school's opinion, the guide dog is being misused or
neglected or mistreated by its blind user.
   (2) If the blind person to whom the dog was furnished has ceased
to use the dog as a guide and the dog is not too old  or ailing
 to be retrained as a guide for another blind person.
   (3) If, in the school's opinion, the dog is no longer a safe guide
and the user refuses to cease using the dog as a guide after being
requested by the school to cease this use. 
   The
    (d)     The  guide dog school shall
make no distinction as to the quality or extent of followup or
supportive services available to its blind graduates based on whether
they elect to acquire title to their dogs or allow title to remain
with the school after the probationary year. The school may, however,
make this distinction when assessing reasonable and appropriate
charges for followup training, instruction, veterinary, or boarding
services. 
   No 
    (e)     No   applicant for
admission to a guide dog training school, nor any enrolled student,
shall be required by the school prior to completion of his or her
training to sign any instrument or to announce his or her intention
regarding transfer of title of the dog from the school to himself or
herself upon completion of the training and probation period.