Bill Text: CA SB1430 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Malicious mischief: airport property: transportation services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-15 - Chaptered by Secretary of State. Chapter 323, Statutes of 2014. [SB1430 Detail]

Download: California-2013-SB1430-Chaptered.html

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BILL NUMBER: SB 1430	CHAPTERED
	BILL TEXT

	CHAPTER  323
	FILED WITH SECRETARY OF STATE  SEPTEMBER 15, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 15, 2014
	PASSED THE SENATE  MAY 19, 2014
	PASSED THE ASSEMBLY  AUGUST 19, 2014
	AMENDED IN SENATE  MARCH 25, 2014

INTRODUCED BY   Senator Hill

                        FEBRUARY 21, 2014

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1430, 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.
   This bill would declare that it is to take effect immediately as
an urgency statute.


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.
  SEC. 3.  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:
   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.