BILL NUMBER: AB 351	CHAPTERED  10/13/01

	CHAPTER  777
	FILED WITH SECRETARY OF STATE  OCTOBER 13, 2001
	APPROVED BY GOVERNOR  OCTOBER 12, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2001
	PASSED THE SENATE  SEPTEMBER 10, 2001
	AMENDED IN SENATE  AUGUST 20, 2001
	AMENDED IN SENATE  JULY 9, 2001
	AMENDED IN ASSEMBLY  MAY 1, 2001
	AMENDED IN ASSEMBLY  APRIL 16, 2001

INTRODUCED BY   Assembly Member La Suer
   (Coauthors:  Senators Margett, Soto, and Torlakson)

                        FEBRUARY 16, 2001

   An act to amend Section 5164 of the Public Resources Code,
relating to parks and recreation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 351, LaSuer.   Local recreational areas:  personnel:  prior
criminal convictions.
   (1) Existing law prohibits a county or city or city and county or
special district, in connection with the operation of a park,
playground, recreational center, or beach used for recreational
purposes, from hiring for employment or as a volunteer any person in
a position having supervisory or disciplinary authority over any
minor, if the person has been convicted of specified crimes, and
authorizes a county, city, city and county, or special district to
screen, in accordance with specified law, any such prospective
employee or volunteer for their criminal background.
   This bill would require a county or city or city and county or
special district to require that each such prospective employee or
volunteer complete an application that inquires as to whether or not
that individual has been convicted of any of those specified crimes,
and would require, instead of authorize, each of those entities to
screen any such prospective employee or volunteer, having supervisory
or disciplinary authority over any minor, for that person's criminal
background.  The bill would also make a technical, correcting
change.  By imposing a new duty on local agencies implementing its
provisions, the bill would impose a state-mandated local program.
  (2) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


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


  SECTION 1.  Section 5164 of the Public Resources Code is amended to
read:
   5164.  (a) A county or city or city and county or special district
shall not hire a person for employment, or hire a volunteer to
perform services, at a county or city or city and county or special
district operated park, playground, recreational center, or beach
used for recreational purposes, in a position having supervisory or
disciplinary authority over any minor, if that person has been
convicted of any offense specified in paragraph (1) of subdivision
(h) of Section 11105.3 of the Penal Code, or any offense specified in
paragraph (3) of subdivision (h) of Section 11105.3 of the Penal
Code.  However, this section shall not apply to a misdemeanor
conviction under paragraph (3) of subdivision (h) of Section 11105.3
of the Penal Code unless that person has a total of three or more
misdemeanor or felony convictions specified in Section 11105.3 of the
Penal Code within the immediately preceding 10-year period.
   (b) (1) To give effect to this section, a county or city or city
and county or special district shall require each such prospective
employee or volunteer to complete an application that inquires as to
whether or not that individual has been convicted of any offense
specified in subdivision (a).  The county or city or city and county
or special district shall screen, pursuant to Section 11105.3 of the
Penal Code, any such prospective employee or volunteer, having
supervisory or disciplinary authority over any minor, for that person'
s criminal background.
   (2) Any local agency requests for Department of Justice records
pursuant to this subdivision shall include the prospective employee's
or volunteer's fingerprints, which may be taken by the local agency,
and any other data specified by the Department of Justice.  The
request shall be made on a form approved by the Department of
Justice.  No fee shall be charged to the local agency for requesting
the records of a prospective volunteer pursuant to this subdivision.

  SEC. 2.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.