Legislative Analysis
Phone: (517) 373-8080
DEFINITION OF AIRPORT STERILE AREA
http://www.house.mi.gov/hfa
Senate Bill 22 as reported from House committee Analysis available at
Sponsor: Sen. John Damoose http://www.legislature.mi.gov
House Committee: Transportation, Mobility and Infrastructure
Senate Committee: Transportation and Infrastructure
Complete to 10-14-23
(Enacted as Public Act 219 of 2023)
SUMMARY:
Senate Bill 22 would amend the Aeronautics Code to revise the definition of sterile area in a
provision that prohibits an individual from possessing, carrying, or attempting to possess or
carry a firearm, explosive, knife, razor or box cutter or similarly bladed item, or dangerous
weapon in the sterile area of a commercial airport. (Generally speaking, an airport’s sterile
area is the space beyond the security screening checkpoint.)
This provision was enacted in 2001 and says that sterile area means that term as defined in 14
CFR 107.1. However, 14 CFR 107.1 (and several other regulations) ceased to exist in 2002
when aviation security oversight was transferred from the Federal Aviation Administration
(FAA) to the Transportation Security Administration (TSA). 1 Then, in 2016, the FAA issued
a new set of rules addressing drones that re-used several part and section numbers of the earlier
rules. As a result, there is once again a rule designated 14 CFR 107.1, but it is about the rules
for drones and does not have a definition for “sterile area.”
Under the bill, sterile area would mean a portion of an airport defined in an airport security
program approved by the TSA under 49 CFR 1542.101 that provides passengers access to
boarding aircraft and to which the access generally is controlled by the TSA, or by an aircraft
operator under 49 CFR part 1544 or a foreign air carrier under 49 CFR part 1546, through the
screening of individuals and property. 2
In addition, the Aeronautics Code provides an exception from the above prohibition for certain
specified individuals, including members of the United States Army, Air Force, Navy, Marine
Corps, or Coast Guard who possess or carry a firearm or other item described above in the line
of duty.
The bill would add members of the Space Force to this exception.
MCL 259.80f
FISCAL IMPACT:
The bill has no apparent fiscal impact on the state of Michigan or on local units of government.
1
https://www.govinfo.gov/content/pkg/FR-2002-02-22/pdf
2
This proposed definition is substantively the same as the definition of “sterile area” in 49 CFR 1540.5, which is
among the rules issued by TSA in 2002 to replace the prior FAA rules. See https://www.ecfr.gov/current/title-
49/subtitle-B/chapter-XII/subchapter-C/part-1540/subpart-A/section-1540.5
House Fiscal Agency Page 1 of 2
POSITIONS:
Representatives of the following entities testified in support of the bill (9-26-23):
• Emmet County Prosecuting Attorney’s Office
• Michigan Association of Airport Executives and Cherry Capital Airport
The following entities indicated support for the bill (9-26-23):
• Department of Transportation
• Gerald R. Ford Airport
Legislative Analyst: E. Best
Fiscal Analyst: William E. Hamilton
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency SB 22 as reported from House committee Page 2 of 2


Statutes affected:
Senate Introduced Bill: 259.80
As Passed by the Senate: 259.80
As Passed by the House: 259.80
Public Act: 259.80
Senate Enrolled Bill: 259.80