BILL NUMBER: AB 1885	AMENDED
	BILL TEXT

	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, as amended, 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.  T 
 he bill would also provide that any   charter-party
carrier licensed by the Public Utilities Commission at an airport
operating under a prearranged basis, as specified, 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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.

   Nothing 
    (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, any charter-party carrier
licensed by the Public Utilities Commission at an airport operating
under a prearranged basis, as defined in Section 5360.5 of the Public
Utilities Code, 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.