BILL ANALYSIS
AB 307
Page 1
ASSEMBLY THIRD READING
AB 307 (Cook)
As Amended March 23, 2009
Majority vote
BUSINESS & PROFESSIONS 10-0
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|Ayes:|Hayashi, Emmerson, | | |
| |Conway, Hernandez, Nava, | | |
| |Niello, | | |
| |John A. Perez, Price, | | |
| |Ruskin, Smyth | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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
AB 307
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problems related to the community management of adult sex
offenders, as specified.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal.
COMMENTS : According to the author's office, "In 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.
"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."
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.
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.
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.
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Analysis Prepared by : Rebecca May / B. & P. / (916) 319-3301
FN: 0000559