Senate BillNo. 1430


Introduced by Senator Hill

February 21, 2014


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

LEGISLATIVE COUNSEL’S DIGEST

SB 1430, as introduced, Hill. Malicious mischief: airport property: transportation services.

Existing law provides that a 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, including transportation services on or from the airport property, to members of the public 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 additionally provide that a person who offers for sale transportation services to the airport property to members of the public without written consent is also guilty of that crime. The bill would also make technical, nonsubstantive changes to those provisions. By expanding the scope of an existing crime, the 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 602.4 of the Penal Code is amended to
2read:

3

602.4.  

(a) begin deleteEvery end deletebegin insertA end insertperson who enters or remains on airport
4property owned by a city, county, or city and county, but located
5in another county, and sells, peddles, or offers for sale any goods,
6merchandise, property, or services of any kind whatsoever,begin delete to
7members of the public, including transportation services, onend delete

8begin insert including transportation services to, on,end insert or from the airport
9property,begin insert to members of the publicend insert without the express written
10consent of the governing board of the airport property, or its duly
11authorized representative, is guilty of a misdemeanor.

12(b) Nothing in this section affects the power of a county, city,
13or city and county to regulate the sale, peddling, or offering for
14sale of goods, merchandise, property, or services.

15(c) For purposes of this section, when a charter-party carrier
16licensed by the Public Utilities Commission operates at an airport
17on a prearranged basis, as defined in Section 5360.5 of the Public
18Utilities Code, that operation shall not constitute the sale, peddling,
19or offering of goods, merchandise, property, or services.

20

SEC. 2.  

No reimbursement is required by this act pursuant to
21Section 6 of Article XIII B of the California Constitution because
22the only costs that may be incurred by a local agency or school
23district will be incurred because this act creates a new crime or
24infraction, eliminates a crime or infraction, or changes the penalty
25for a crime or infraction, within the meaning of Section 17556 of
26the Government Code, or changes the definition of a crime within
27the meaning of Section 6 of Article XIII B of the California
28Constitution.



O

    99