HOUSE BILL No. 4476


     April 15, 1999, Introduced by Reps. Bishop, Birkholz, Pappageorge, Howell, Gosselin, Vander Roest, Voorhees, Kuipers, Vear, Koetje, Patterson, Richner, Bovin and Scranton and referred to the Committee on Constitutional Law and Ethics.


        A bill to amend 1976 PA 453, entitled

   "Elliott-Larsen civil rights act,"

   by amending sections 301 and 303 (MCL 37.2301 and 37.2303), as

   amended by 1992 PA 70.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 301.  As used in this article:

 2         (a) "Place of public accommodation" means a business, or an

 3    educational, refreshment, entertainment, recreation, health, or

 4    transportation facility, or institution of any kind, whether

 5    licensed or not, whose goods, services, facilities, privileges,

 6    advantages, or accommodations are extended, offered, sold, or

 7    otherwise made available to the public.  Place of public accommo-

 8    dation  also includes  DOES NOT INCLUDE A LOCAL JAIL OR STATE

 9    CORRECTIONAL FACILITY, BUT DOES INCLUDE the facilities of the

10    following private clubs:


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 1         (i) A country club or golf club.

 2         (ii) A boating or yachting club.

 3         (iii) A sports or athletic club.

 4         (iv) A dining club, except a dining club that in good faith

 5    limits its membership to the members of a particular religion for

 6    the purpose of furthering the teachings or principles of that

 7    religion  ,  and not for the purpose of excluding individuals of

 8    a particular gender, race, or color.

 9         (b) "Public service" means a public facility, department,

10    agency, board, or commission, owned, operated, or managed by or

11    on behalf of the state, a political subdivision, or an agency

12    thereof  ,  or a tax exempt private agency established to provide

13    service to the public.  PUBLIC SERVICE DOES NOT INCLUDE THE

14    OWNERSHIP, OPERATION, OR MANAGEMENT OF A LOCAL JAIL OR STATE COR-

15    RECTIONAL FACILITY.

16         (C) "STATE CORRECTIONAL FACILITY" MEANS A FACILITY THAT

17    HOUSES PRISONERS UNDER THE JURISDICTION OF THE DEPARTMENT OF COR-

18    RECTIONS AND INCLUDES A COMMUNITY CORRECTIONS CENTER, A COMMUNITY

19    RESIDENTIAL HOME, AND A YOUTH CORRECTIONAL FACILITY.

20         Sec. 303.  This article  shall  DOES not apply to a LOCAL

21    JAIL OR STATE CORRECTIONAL FACILITY.  ADDITIONALLY, THIS ARTICLE

22    DOES NOT APPLY TO A private club  ,  or other establishment not

23    in fact open to the public, except to the extent that the goods,

24    services, facilities, privileges, advantages, or accommodations

25    of the private club or establishment are made available to the

26    customers or patrons of another establishment that is a place of

27    public accommodation or is licensed by the state under  Act No. 8



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 1    of the Public Acts of the Extra Session of 1933, being sections

 2     436.1 through 436.58 of the Michigan Compiled Laws  THE MICHIGAN

 3    LIQUOR CONTROL CODE OF 1998, 1998 PA 58, MCL 436.1101 TO

 4    436.2303.  This section  shall  DOES not apply to a private club

 5    that is otherwise defined as a place of public accommodation in

 6    this article.












































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