HOUSE BILL No. 4243


     February 14, 2001, Introduced by Reps. Woronchak, Bishop, Meyer, Ehardt, Richardville, Shackleton, Vander Roest, Stewart,
Birkholz, Allen, Kolb and Zelenko and referred to the Committee on Regulatory Reform.


        A bill to amend 1998 PA 58, entitled

   "Michigan liquor control code of 1998,"

   by amending section 523 (MCL 436.1523).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 523.  (1) A person who holds or whose spouse holds,

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      either by appointment or election, a public office which involves

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      the duty to enforce any of the penal laws of the United States,

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      or the penal laws of this state, or a penal ordinance or resolu-

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      tion of any municipal subdivision of the state, except civil

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      defense volunteer police, mayors or council members of cities, or

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      village presidents, or mayors of home rule cities whose law

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      enforcement authority under the city charter is restricted to

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      emergency situations, or the state treasurer of this state when

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      acting in the capacity of custodian of the assets of the state

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      retirement systems created by the public school employees


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      retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408; the

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      state employees' retirement act, 1943 PA 240, MCL 38.1 to 38.69;

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      the state police retirement act of 1986, 1986 PA 182, MCL 38.1601

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      to 38.1648; and the judges retirement act of 1992, 1992 PA 234,

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      MCL 38.2101 to 38.2670, and members of these state retirement

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      systems only if the state treasurer makes an investment in the

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      name of the respective retirement system to which such members

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      belong, shall not be issued a license, or have an interest,

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      directly or indirectly, in a license if the activity regulated by

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      the license occurs in the same local unit of government within

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      which the person enforces those state or local penal laws unless

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      the official is contractually prohibited from enforcing this

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      act.  This subsection does not apply to a spouse of an appointed

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      or elected official holding an office which involves the duty to

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      enforce a penal law described in this subsection if the spouse

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      held a license or an interest in a license for not less than 3

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      years before marrying the appointed or elected official or if the

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      spouse has voting rights in a public or private club holding the

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      license, which voting rights are derived from ownership of shares

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      to the club, and the spouse participates as a member in good

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      standing of the public or private club or of an advisory board

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      but does not participate in the day-to-day operation of the

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      club.  In the case of any licensee excepted from the general pro-

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      hibition contained in this section, the commission may periodi-

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      cally review all circumstances of the licensee and his or her

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      spouse regarding the exception.  The commission has the authority

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      to review and monitor any complaints it receives regarding



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      inappropriate enforcement of this act by or against a person

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      excepted from this section.  However, a nonprofit fraternal

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      organization incorporated under the laws of this state, whose

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      membership is not totally composed of law enforcement personnel

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      or public officeholders charged with the duty of enforcing any

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      penal laws or ordinances of a governmental body, may be issued a

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      club OR CLASS C liquor license if the organization is otherwise

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      qualified.

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           (2) As used in this section, "law enforcement personnel"

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      does not include the mayor of a city or the state treasurer of

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      this state when acting in the capacity of custodian of the assets

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      of the state retirement systems created by the public school

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      employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to

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      38.1408, the state employees' retirement act, 1943 PA 240,

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      MCL 38.1 to 38.69, the state police retirement act of 1986, 1986

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      PA 182, MCL 38.1601 to 38.1648, and the judges retirement act of

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      1992, 1992 PA 234, MCL 38.2101 to 38.2670, and members of these

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      state retirement systems only if the state treasurer makes an

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      investment in the name of the respective retirement system to

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      which such members belong.

















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