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CONCURRENCE IN SENATE AMENDMENTS
AB 705 (Aroner)
As Amended September 2, 1999
Majority vote
ASSEMBLY: 46-32 (June 4, 1999)
SENATE: 22-14 (September 7, 1999)
Original Committee Reference: CONPRO
SUMMARY : Establishes licensing and bonding requirements for transport escort services.
The Senate amendments recast the bill in its entirety and:
1)Require that all transport personnel register with the
"Trustline" registry maintained at the Department of Social
Services.
2)Make various definitions.
3)Require that the parent and child receive specified
information regarding the transporter's registration.
4)Allow for a civil action for injunctive relief or damages, or
both may be brought against the transport service.
5)Specify that a violation on this section be punishable by a
fine or not less that $500 or not more that $5,000 or
imprisonment in a county jail for not more that six months.
6)Exempt any governmental agency or employee, any person related
to the minor, and any person under the jurisdiction of the
juvenile court; from the requirements in the bill.
7)Limit the registration requirements to those transport
companies who transport minors to out of state residential
facilities or institutions.
AS PASSED BY THE ASSEMBLY , this bill:
1)Defined a transport escort service as any person, partnership,
association, or corporation that accepts financial
compensation or other consideration to accompany or transport
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minors who are residents of this state to any residential
facility or institution located outside this state. Also,
defines coerce and intimidate, as specified.
2)Stated that if a transport escort service reasonably concludes
that a minor poses a tangible danger to himself or herself, or
others, then the transport escort service shall make available
two employees to provide full-time supervision of the minor,
as specified.
3)Prohibited the use of any type of restraints in transporting a
minor.
4)Required transport escort services to maintain on file for not
less than five years the following information: a) minor's
name, date of birth, and address; b) the date and time the
registrant transported or accompanied the minor; and, c) the
name and address of the facility to which the minor was
transported or accompanied, and the name and telephone number
of the facility administrator.
5)Required that any transport escort service file a verified
application for registration with the Secretary of State (SOS)
and receive a certificate of registration to qualified
applicants. The registry of escort services will be public
information.
6)Required the following for any private individual,
partnership, association, or corporation registering as a
transportation escort service:
a) The names, addresses, and telephone numbers of the
private individual, general partners, officers,
contractors, and employees;
b) A notarized statement that the private individual,
general partners, associates, officers, employees, and any
other individual involved in the transport of minors is at
least 18 years of age;
c) The aforementioned individuals have not been convicted
of a felony or any crime involving child abuse;
d) Affirmation that the registrant will perform the duties
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of a transport escort in compliance with the laws of this
state;
e) Proof that the private individual, general partners,
associates, officers, employees and any other individuals
have valid driver's licenses and adequate insurance;
f) Proof that the Department of Social Services (DSS) has
checked the Child Abuse Registry for all the aforementioned
individuals;
g) Proof that DSS has checked for a criminal records for
all the aforementioned individuals; and,
h) Proof that the registrant has a bond.
7)Required a fee of $100 to be paid yearly to SOS, to be
deposited into the Business Fees Fund.
:cool:Provided that the Attorney General shall enforce this section
of the law.
9)Required a bond of $10,000.
10) Provided that the registry of escort services be public
information and maintained on file with SOS.
11) Provided that the information regarding the minors
transported will be considered confidential.
12)Specified that this section does not apply to the transport
of minors by any governmental agency, minors under the
jurisdiction of the juvenile court, or family members or
relatives.
13)Specified that violation of this law is punishable by a fine
and up to one year in a county jail.
EXISTING LAW contains specified requirements for transport of
minors who have been remanded to the care of the courts. There
is no law regulating the transport of minors who are being
transported by private individuals at the request of their
parents.
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FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, absorbable costs to SOS partially or fully
offset by the registration fees.
COMMENTS : According to the author, many parents hire
transportation escort services to move children from California
to out-of-state or off-shore facilities. Although the transport
services operate independently, they work cooperatively with the
facility where the minor is being transported. The number of
transportation escort services in California is unknown. This
bill is an effort to require registration and establish
standards. As a condition for a minor entering a program, it is
common practice for parents to sign an authorization or consent
form for the program, allowing the transportation escort service
to use any physical or chemical restraint on the minor to get
them to a treatment facility.
The prohibition against the use of restraints for minors whose
parents have basically committed them to an institution for
care, may be ultimately harmful to the minor during transport.
As stated in a supporters letter, "transporting troubled and
often resistant teens long distances to location outside the
state is a risky endeavor." Given the acknowledgement that
transporting these minors is a "risky endeavor" and that parents
have the legal right to transfer their authority to a second
party, establishment of "reasonable restraint" should be
considered. The amendments (RN9914644) attempt to address this
issue.
Analysis Prepared by : Kathleen Finnigan / C.P., G.E. & E.D. /
(916) 319-2089
FN:
0003350
