SENATE BILL NO. 286 February 9, 1999, Introduced by Senator VAN REGENMORTER and referred to the Committee on Technology and Energy. A bill to amend 1984 PA 274, entitled "Michigan antitrust reform act," by amending sections 1 and 4 (MCL 445.771 and 445.774). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. As used in this act: 2 (a) "Person" means an individual, corporation, business 3 trust, partnership, association, or any other legal entity. 4 (b) "Relevant market" means the geographical area of actual 5 or potential competition in a line of trade or commerce, all or 6 any part of which is within this state. 7 (C) "TELECOMMUNICATIONS PROVIDER" MEANS A TELECOMMUNICATION 8 PROVIDER AS DEFINED IN SECTION 102 OF THE MICHIGAN TELECOMMUNICA- 9 TIONS ACT, 1991 PA 179, MCL 484.2102. 10 (D)(c)"Trade or commerce" means the conduct of a 11 business for profit or not for profit producing or providing 00038'99 DAM 2 1 goods, commodities, property, or services and includes, without 2 limitation, advertising, franchising, solicitation, offering for 3 sale, lease, or distribution of a service or property, tangible 4 or intangible, real, personal or mixed, or any other article of 5 commerce. 6 (E)(d)"Unit of government" means this state or an 7 agency, instrumentality, political subdivision, or public corpo- 8 ration of this state, including, but not limited to, municipal 9 corporations, quasi-municipal corporations, and authorities,10 and including their officials, employees, and agents when acting 11 in their official capacity. 12 Sec. 4. (1) Labor of a human being is not a commodity or an 13 article of commerce. 14 (2) This act shall not be construed to forbid the existence 15 and operation of any labor, agricultural, or horticultural organ- 16 ization instituted for the purpose of mutual help, while lawfully 17 carrying out its legitimate objects. 18 (3) This act shall not be construed to prohibit, invalidate, 19 or make unlawful any act or conduct of any unit of government, 20 when the unit of government is acting in a subject matter area in 21 which it is authorized by law to act, except for purposes of con- 22 ducting an investigation and the obtaining of appropriate injunc- 23 tive or other equitable relief, other than civil penalties,24pursuant toUNDER section 7. 25 (4) This act shall not apply to a transaction or conduct 26 specifically authorized under the laws of this state or the 27 United States, or specifically authorized under laws, rules, 00038'99 3 1 regulations, or orders administered, promulgated, or issued by a 2 regulatory agency, board, or officer acting under statutory 3 authority of this state or the United States. 4 (5) A transaction or conductmade unlawfulPROHIBITED by 5 this actshall not be construed to violateIS NOT A VIOLATION 6 OF this actwhereIF it is the subject of a legislatively man- 7 dated pervasive regulatory scheme, including but not limited to 8,the insurance code of 1956,being sections 500.100 to9500.8302 of the Michigan Compiled Laws1956 PA 218, MCL 500.100 10 TO 500.8302, which confers exclusive jurisdiction on a regulatory 11 board or officer to authorize, prohibit or regulate the transac- 12 tion or conduct. THIS SUBSECTION DOES NOT APPLY TO A TRANSACTION 13 OR CONDUCT BY A TELECOMMUNICATIONS PROVIDER. 14 (6) This act shall not apply to a transaction or conduct of 15 an authorized health maintenance corporation, health insurer, 16 medical care corporation, or health service corporation or health 17 care corporation when the transaction or conduct is to reduce the 18 cost of health care and is permitted by the commissioner. This 19 subsectionshallDOES not affect the enforcement of the federal 20 antitrust act by federal courts or federal agencies. 00038'99 Final page. DAM