Amended in Senate March 25, 2014

Senate Bill No. 1430

Introduced by Senator Hill

February 21, 2014

An act to amend Section 602.4 of the Penal Code, relating to malicious mischief begin insert , and declaring the urgency thereof, to take effect immediately end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 1430, as amended, 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.

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This bill would declare that it is to take effect immediately as an urgency statute.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . 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) 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 to, 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.

(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.

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This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

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To quickly remedy a technical ambiguity in existing law that
poses an immediate threat to public safety and frustrates effective
enforcement by permitting individuals to conduct unauthorized
commercial activities on municipal airport roadways and property,
where those airports must have clear authority to enforce laws
related to commercial activities on airport premises, it is necessary
that this act take effect immediately.

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