0502: FLOOR ANALYSIS - WEAPONS IN STERILE AREA OF AIRPORT

WEAPONS IN STERILE AREA OF AIRPORT - S.B. 502 (S-3): FLOOR ANALYSIS

Senate Bill 502 (Substitute S-3 as reported by the Committee of the Whole)

CONTENT

The bill would amend the Aeronautics Code to prohibit a person from possessing, carrying, or attempting to possess or carry any of the following in a "sterile area" of a commercial airport: a firearm; an explosive; a knife with a blade of any length; a razor, box cutter, or item with a similar blade; or a dangerous weapon. A violation would be a misdemeanor punishable by up to one year's imprisonment and/or a maximum fine of $1,000. A violation would be a felony punishable by up to 10 years' imprisonment and/or a maximum fine of $10,000, if committed while the violator was boarding or attempting to board an aircraft; placing, attempting to place, or attempting to have placed on an aircraft an item banned by the bill; or committing or attempting to commit a felony. A term of imprisonment could be served consecutively to any other term imposed for a violation arising out of the same transaction. The bill would take effect on January 1, 2002.

The bill would not apply to any of the following:

-- A peace officer of a duly authorized police agency.

-- An employee of the Michigan Department of Corrections (DOC) who was authorized by the DOC Director to possess or carry an item banned by the bill.

-- A member of the U.S. Army, Air Force, Navy, Marine Corps, or Coast Guard while possessing or carrying an item banned by the bill in the line of duty.

-- A member of the National Guard, Armed Forces Reserves, or other duly authorized military organization while on duty or drill or while possessing or carrying an item banned by the bill for purposes of that military organization.

-- Security personnel employed to enforce Federal regulations for access to a sterile area.

-- A court officer while engaged in his or her duties as authorized by a court.

-- An airline or airport employee as authorized by his or her employer.

"Commercial airport" would mean any airport that had regularly scheduled commercial flights to and from other destinations. "Sterile area" would mean that term as defined in Federal regulations (an area to which access is controlled by the inspection of a person's property (14 C.F.R. 107.1).

Proposed MCL 259.80f - Legislative Analyst: P. Affholter

FISCAL IMPACT

Please see FISCAL IMPACT on Senate Bill 505 (S-4).

Date Completed: 10-3-01 - Fiscal Analyst: B. Wicksallfloor\sb502 - Analysis available @ http://www.michiganlegislature.org

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.