BILL ANALYSIS
SENATE LOCAL GOVERNMENT COMMITTEE
Senator Patricia Wiggins, Chair
BILL NO: AB 307 HEARING: 7/1/09
AUTHOR: Cook FISCAL: Yes
VERSION: 6/24/09 CONSULTANT: Detwiler
ICE CREAM TRUCKS AND REGISTERED SEX OFFENDERS
Background and Existing Law
The "Sex Offender Registration Act" requires everyone who
has been convicted of specific crimes to register with
local law enforcement officials "for the rest of his or her
life while residing in California."
It is a misdemeanor for a registered sex offender whose
victim was under 16 years of age to be an employer,
employee, independent contractor, or volunteer in a
capacity where the registered sex offender works directly
and in an unaccompanied setting with minor children on more
than an incidental or occasional basis (AB 1900, Lieu,
2006).
Proposed Law
Assembly Bill 307 makes it a misdemeanor for a person who
must register as a sex offender whose victim was under 16
years of age to engage in ice cream truck vending.
Comments
1. Safety first . Families and the public officials who
represent them worry about children's safety around ice
cream trucks and their drivers. The bright anticipation of
neighborhood kids waiting for the ice cream truck shouldn't
be darkened by the fear of dangerous drivers. To protect
vulnerable children, AB 307 makes it a misdemeanor for
certain registered sex offenders to operate ice cream
trucks. State law can help screen out people who shouldn't
be working around kids.
2. Recent changes . Before the June 24 amendments, AB 307
would have prohibited cities and counties from issuing
business licenses for ice cream trucks to registered sex
AB 307 -- 6/24/09 -- Page 2
offenders whose victims were under 16. The Committee heard
that version of the bill at its June 17 hearing, but didn't
act on the bill. Legislators were aware of three
alternatives: (a) the Oklahoma option that requires
companies to document their employees' status, (b) the San
Bernardino County approach which requires individual work
permits and background checks, and (c) clarifying current
law by declaring that driving an ice cream truck was the
kind of job already prohibited by the 2006 Lieu law. As
amended on June 24, AB 307 is a variation on that third
approach. The Committee may wish to consider adding
language to AB 307 to say that the bill is declaratory of
existing law.
3. Double referred . The Senate Rules Committee referred
AB 307 to two policy committees. The bill came first to
the Senate Local Government Committee because earlier
versions of the bill would have limited local business
licenses. The June 24 amendments deleted that language.
AB 307 next goes to the Senate Public Safety Committee
which reviews sex crime bills.
Assembly Actions
Assembly Business & Professions Committee:10-0
Assembly Floor: 75-0
Support and Opposition (6/25/09)
Support : County of San Bernardino, California District
Attorneys Association, California State Sheriffs'
Association, Mothers Against Sexual Predators, County
Sheriffs of Alameda, Amador, Butte, Contra Costa, El
Dorado, Fresno, Mariposa, Sacramento, San Bernardino, San
Diego, Santa Barbara, Santa Cruz, Shasta, Tuolumne,
Ventura, Yolo.
Opposition : Unknown.