BILL NUMBER: AB 705 CHAPTERED

BILL TEXT
CHAPTER 772
FILED WITH SECRETARY OF STATE OCTOBER 10, 1999
APPROVED BY GOVERNOR OCTOBER 7, 1999
PASSED THE ASSEMBLY SEPTEMBER 8, 1999
PASSED THE SENATE SEPTEMBER 7, 1999
AMENDED IN SENATE SEPTEMBER 2, 1999
AMENDED IN SENATE SEPTEMBER 1, 1999
AMENDED IN SENATE AUGUST 25, 1999
AMENDED IN SENATE AUGUST 16, 1999
AMENDED IN SENATE JULY 8, 1999
AMENDED IN ASSEMBLY JUNE 1, 1999
AMENDED IN ASSEMBLY APRIL 27, 1999
AMENDED IN ASSEMBLY APRIL 15, 1999

INTRODUCED BY Assembly Member Aroner

FEBRUARY 24, 1999

An act to add Section 1596.653 to the Health and Safety Code, relating to transport escort services.

LEGISLATIVE COUNSEL'S DIGEST

     AB 705, Aroner. Transport escort services: registration.
     Existing law does not provide for the registration of transport escort services, as defined.
     This bill would provide for the regulation of transport escort services as child care providers under the trustline registry established by the State Department of Social Services. Specifically, it would require a transport escort service, defined as any person, partnership, association, or corporation that accepts financial compensation or other consideration to accompany or transport minors who are residents of this state to any residential facility or institution located outside the state, to first provide certain information to the minor's parents, custodial parent, or legal guardian and to verify in writing that the information was received. The bill would require the transport escort service to obtain permission from the minor's parents, custodial parent, or legal guardian prior to transportation of the minor. A violation of the bill's requirements would subject a transport escort service to civil action and would also be a crime punishable as a misdemeanor by fine or imprisonment, as specified. By creating a new 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.

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

     SECTION 1. Section 1596.653 is added to the Health and Safety Code, to read:
     1596.653. (a) It is the intent of the Legislature to protect the well-being of California children by regulating private individuals and companies that transport or accompany minors to out-of-state residential facilities or institutions.
     (b) As used in this section:
     (1) "Transport escort service" means any person, partnership, association, or corporation that accepts financial compensation or other consideration to accompany or transport minors who are residents of California to any residential facility or institution located outside the state.
     (2) "Minor" means any person under the age of 18 years.
     (3) "Department" means the State Department of Social Services.
     (c) Every transport escort service that accompanies or transports a minor who is a resident of California to any residential facility or institution located outside the state, shall first provide the minor's parents, custodial parent, or legal guardian with all of the following:
     (1) A description of the child care provider trustline registry established pursuant to this chapter that provides criminal history checks on child care providers.
     (2) An explanation of how a parent may obtain more information about the childcare provider trustline registry.
     (3) A statement that a transport escort service is prohibited bylaw from transporting or accompanying a minor unless the person or persons transporting the minor are trustline registered childcare providers.
     (4) An explanation of how the parent may verify the trustline registration of the transport escort service.
     (5) An explanation of the minor's right to make a complaint to a child protective agency concerning abusive treatment by the transport escort service.
     (d) A transport escort service shall not transport or accompany a minor without obtaining the written permission of the minor's parents, custodial parent, or legal guardian.
     (e) The transport escort service shall verify in writing that the minor's parents, custodial parent, or legal guardian has received the information required under subdivision (c).
     (f) A transport escort service shall not accompany or transport a minor to any residential facility or institution located outside the state, unless the person or persons transporting or accompanying the minor are trustline registered child care providers.
     (g) A minor, parent, or legal guardian claiming to be aggrieved by a violation of this section by a transport escort service may bring a civil action for injunctive relief or damages, or both.
     (h) In addition to the remedy provided in subdivision (g), a violation of this section may be prosecuted as a misdemeanor punishable by a fine of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000) as to each person with respect to whom a violation occurs, or imprisonment in a county jail for not more than six months.
     (i) This section does not apply to the following:
     (1) The transport of minors by any governmental agency or employee.
     (2) The transport of minors under the jurisdiction of the juvenile court.
     (3) The transport of minors by family members or relatives.
     (j) Nothing in this section shall limit any claim for damages or the issuance of any injunction that a parent or child may assert against a transport escort service pursuant to any other state or federal law or regulation. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.