BILL NUMBER: AB 1885	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 24, 2010
	PASSED THE ASSEMBLY  AUGUST 25, 2010
	AMENDED IN SENATE  AUGUST 19, 2010
	AMENDED IN SENATE  JUNE 29, 2010
	AMENDED IN ASSEMBLY  APRIL 14, 2010

INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 16, 2010

   An act to amend Section 602.4 of the Penal Code, relating to
malicious mischief.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1885, Hill. Malicious mischief: airport property:
transportation services.
   Existing law provides that every person who enters or remains on
airport property owned by a city, county, or city and county but
located in another county, and sells, peddles, or offers for sale any
goods, merchandise, property, or services of any kind whatsoever, to
members of the public, including transportation services, other than
charter limousines licensed by the Public Utilities Commission, on
or from the airport property, without the express written consent of
the governing board of the airport property, or its duly authorized
representative, is guilty of a misdemeanor.
   This bill would remove the exception in the offense for charter
limousines licensed by the Public Utilities Commission. The bill
would instead provide that when a charter-party carrier licensed by
the Public Utilities Commission operates at an airport on a
prearranged basis, as specified, that operation would not constitute
the sale, peddling, or offering of goods, merchandise, property, or
services, for purposes of those existing law provisions.
   By expanding the scope of an existing crime, this bill would
impose a state-mandated local program.
   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.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


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

  SECTION 1.  Section 602.4 of the Penal Code is amended to read:
   602.4.  (a) Every person who enters or remains on airport property
owned by a city, county, or city and county, but located in another
county, and sells, peddles, or offers for sale any goods,
merchandise, property, or services of any kind whatsoever, to members
of the public, including transportation services, on or from the
airport property, without the express written consent of the
governing board of the airport property, or its duly authorized
representative, is guilty of a misdemeanor.
   (b) Nothing in this section affects the power of a county, city,
or city and county to regulate the sale, peddling, or offering for
sale of goods, merchandise, property, or services.
   (c) For purposes of this section, when a charter-party carrier
licensed by the Public Utilities Commission operates at an airport on
a prearranged basis, as defined in Section 5360.5 of the Public
Utilities Code, that operation shall not constitute the sale,
peddling, or offering of goods, merchandise, property, or services.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.