BILL ANALYSIS
AB 307
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Date of Hearing: May 5, 2009
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
AB 307 (Cook) - As Amended: March 23, 2009
SUBJECT : Business licenses: ice cream truck operation.
SUMMARY : Prohibits a city or county from issuing a license to
operate an ice cream truck to any person who is required to
register as a sex offender because of a conviction for a crime
against a person under 16 years of age.
EXISTING LAW :
1)Authorizes the legislative body of a city or county to issue
business licenses to persons to operate any type of business
not prohibited by law.
2)Requires persons who are required to register as sex offenders
to disclose their status as a registrant when they apply or
accept a position as an employee or volunteer with any person,
group, or organization where the registrant would be working
with minor children in specified circumstances.
3)Prohibits a person who is required to register as a sex
offender because of a conviction for a crime where the victim
was a minor under 16 years of age from working in a capacity
where the person would be directly working and in an
unaccompanied setting with minor children on more than an
incidental and occasional basis or have supervisory or
disciplinary power over minor children, and makes a violation
a misdemeanor.
4)Establishes the Sex Offender Management Board (Board) and
requires the Board to address any issues, concerns, and
problems related to the community management of adult sex
offenders, as specified.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal.
COMMENTS :
Purpose of this bill . According to the author's office, "In
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July of 2007, it was discovered that a registered sex offender
was operating an ice cream truck in Riverside County.
Registered sex offenders aren't allowed to work in California
massage parlors, but there is no law to prevent them from
driving ice cream trucks."
"The state of New York passed a law in 2005 to prohibit
registered sex offenders from driving ice cream trucks. The
penalties included possible misdemeanor and felony charges. In
2007, an Illinois state legislator introduced a bill to require
ice cream truck drivers to register with the state for a special
identification card. Under this proposed Illinois law, anyone
convicted of homicide or a sex offense would be denied such an
ID card."
"AB 307 requires that any city or county licensing agency
immediately reject applications from such offenders. Doing so
will be of little burden to the cities and counties; applicants
should be asked to disclose whether they have been convicted of
any such applicable offenses. This method, rather than the New
York method, attempts to prevent the problem from occurring.
Doing so will not add to the burdens of the criminal justice and
prison systems."
"Asking applicants to disclose prior convictions is a
non-punitive method for protecting the public from sexual
predators. Currently, city and county agencies responsible for
issuing business licenses ask applicants to disclose prior
convictions pursuant to Penal Code Section 290 when applying for
a license to operate a massage parlor. Expanding this practice
to include people who seek business licenses for the purpose of
operating ice cream trucks is a practical solution to a
dangerous problem."
Background .
Current Employment and Volunteer Restrictions on Registered Sex
Offenders . Current law generally prohibits registered sex
offenders from working in positions having direct, unsupervised
contact with children. In addition, registered sex offenders
cannot work at community care facilities, including child day
care facilities, residential care facilities for the elderly,
public schools, and certain recreational jobs. Existing law
also requires public school districts and private schools to
conduct criminal record checks on teachers and administrators.
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Existing law authorizes human resource agencies and employers to
request from the Department of Justice (DOJ) records of all
convictions or any arrest pending adjudication involving sex,
drugs, or violent offenses, as specified, of a person who
applies for a license, employment, or volunteer position in
which he or she would have supervisory or disciplinary power
over a minor. The DOJ must furnish the information to the
requesting employer and send a copy to the applicant.
Inland Empire Incident . As the author stated in his comments,
this bill is an attempt to address an issue that occurred in his
district. In May, 2008 the San Bernardino County Board of
Supervisors (Board) approved an ordinance that requires
background checks before issuing a business license to drive or
operate an ice cream truck. This ordinance will solve the
problem this bill seeks to address. Further, if this bill
passes, it may preempt the local ordinance.
It is important to note that this bill addresses a local
licensing issue which local government presently has the
authority to remedy. Generally, the state does not legislate
broadly to remedy individual issues that are wholly within the
scope and authority of local government's police powers. While
the purpose of this bill is laudable, the Committee may wish to
consider whether this legislation is the most appropriate
solution.
Previous legislation . AB 2169 (Cook) of 2008, which contained
the same ice cream truck operator licensure prohibition but also
required the board to conduct an assessment of whether the state
needs to preempt local control regarding licensure prohibitions
on sex offenders and to report on the assessment to the
Legislature and the Governor, was held in the Assembly
Appropriations Committee.
AB 2263 (Spitzer), Chapter 341, Statutes of 2006, required
registered sex offenders to disclose their status as a
registrant when working or volunteering in a setting with minors
where the registrant, even if they are accompanied, would be
required to touch the minor on more than an incidental and
occasional basis.
AB 1015 (Chu and Spitzer), Chapter 338, Statutes of 2006,
created the 17-member Sex Offender Management Board (SOMB)
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within the California Department of Corrections and
Rehabilitation, which is tasked with addressing any issues,
concerns, and problems related to the community management of
sex offenders in order to achieve safer communities by reducing
victimization. The SOMB is required to conduct a thorough
assessment of current management practices for adult sex
offenders residing in California communities and develop
recommendations, based upon its findings, to improve management
practices of adult sex offenders. The SOMB is required to
submit various reports to the Legislature and the Governor by
January 1, 2010.
REGISTERED SUPPORT / OPPOSITION :
Support
Alameda County Sheriff-Coroner
Amador County Sheriff-Coroner
Butte County Sheriff-Coroner
California State Sheriffs' Association
Capitol Resource Family Impact
Contra Costa County Sheriff
El Dorado County Sheriff-Coroner
Fresno County Sheriff
Mariposa County Sheriff-Coroner
Mothers against Sexual Predators
Riverside County Sheriff's Department
Sacramento County Sheriff's Department
San Bernardino County Board of Supervisors
San Bernardino County Sheriff-Coroner
San Diego County Sheriff's Department
Santa Barbara County Sheriff-Coroner
Santa Cruz County Sheriff-Coroner
Shasta County Sheriff-Coroner
Tuolumne County Undersheriff
Ventura County Sheriff
Yolo County Sheriff-Coroner
Opposition
None on file.
Analysis Prepared by : Whitney Clark / B. & P. / (916)
319-3301