BILL NUMBER: AB 1885AMENDED 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.