SENATE BILL No. 1099

 

 

September 5, 2018, Introduced by Senator JONES and referred to the Committee on Government Operations.

 

 

 

     A bill to amend 1945 PA 327, entitled

 

"Aeronautics code of the state of Michigan,"

 

by amending section 80f (MCL 259.80f), as added by 2001 PA 225.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 80f. (1) An individual shall not possess, carry, or

 

attempt to possess or carry any of the following in a sterile area

 

of a commercial airport:

 

     (a) Firearm.A firearm.

 

     (b) Explosive.An explosive.

 

     (c) Knife A knife with a blade of any length.

 

     (d) Razor, A razor, box cutter, or item with a similar blade.

 

     (e) Dangerous A dangerous weapon.

 

     (2) Except as provided in subsection (3), an individual who


violates subsection (1) is guilty of a misdemeanor punishable by

 

imprisonment for not more than 1 year or a fine of not more than

 

$1,000.00, or both.

 

     (3) An individual who violates subsection (1) while doing any

 

of the following is guilty of a felony punishable by imprisonment

 

for not more than 10 years or a fine of not more than $10,000.00,

 

or both:

 

     (a) Getting on or attempting to get on an aircraft.

 

     (b) Placing, attempting to place, or attempting to have placed

 

on an aircraft an item listed in subsection (1).

 

     (c) Committing or attempting to commit a felony.

 

     (4) This section does not apply to any of the following:

 

     (a) A peace officer of a duly authorized police agency of this

 

state, a political subdivision of this state, another state, a

 

political subdivision of another state, or the United States.

 

     (b) An individual regularly employed by the department of

 

corrections and authorized in writing by the director of the

 

department of corrections to possess or carry an item listed in

 

subsection (1) during the performance of his or her duties or while

 

going to or returning from his or her duties.

 

     (c) A member of the United States army, air force, navy,

 

marine corps, or coast guard Army, Air Force, Navy, Marine Corps,

 

or Coast Guard while possessing or carrying an item listed in

 

subsection (1) in the line of duty.

 

     (d) A member of the national guard, armed forces reserves,

 

National Guard, United States Armed Forces Reserves, or other duly

 

authorized military organization while on duty or drill or while


possessing or carrying an item listed in subsection (1) for

 

purposes of that military organization.

 

     (e) Security personnel employed to enforce federal regulations

 

for access to a sterile area.

 

     (f) A court officer while engaged in his or her duties as a

 

court officer as authorized by a court.

 

     (g) An airline or airport employee as authorized by his or her

 

employer.

 

     (5) This section does not prohibit the individual from being

 

charged with, convicted of, or punished for any other violation of

 

law committed by that individual while violating this section.

 

     (6) A term of imprisonment imposed under this section may be

 

served consecutively to any other term of imprisonment imposed for

 

a violation of law arising out of the same transaction.

 

     (7) As used in this section:

 

     (a) "Commercial airport" means an airport that has regularly

 

scheduled commercial flights to and from other destinations.

 

     (b) "Felony" means that term as defined in section 1 of

 

chapter I of the code of criminal procedure, 1927 PA 175, MCL

 

761.1, or a violation of a law of the United States that is

 

designated as a felony or that is punishable by death or by

 

imprisonment for more than 1 year.

 

     (c) "Sterile area" means that term as defined in 14 C.F.R.

 

107.1.a portion of an airport that provides passengers access to

 

boarding aircraft and to which that access generally is controlled

 

by the Transportation Security Administration of the United States

 

Department of Homeland Security, or by an aircraft operator or


foreign air carrier in accordance with the security measures

 

adopted by that aircraft operator or foreign air carrier, through

 

the screening of persons and property.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.