SENATE BILL No. 1058

February 5, 2002, Introduced by Senator SIKKEMA and referred to the Committee on Technology

and Energy.

A bill to amend 1984 PA 274, entitled

"Michigan antitrust reform act,"

by amending section 4 (MCL 445.774).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 4. (1) Labor of a human being is not a commodity or an

2 article of commerce.

3 (2) This act shall not be construed to forbid DOES NOT

4 PROHIBIT the existence and operation of any A labor, agricul-

5 tural, or horticultural organization instituted CREATED for the

6 purpose of mutual help, while lawfully carrying out its legiti-

7 mate objects.

8 (3) This act shall not be construed to DOES NOT prohibit,

9 invalidate, or make unlawful any AN act or conduct of any unit

10 of government, when IF the unit of government is acting in a

11 subject matter area in which it is authorized by law, to

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1 act, except for purposes of conducting an investigation and

2 the obtaining of appropriate injunctive or other equitable

3 relief, other than civil penalties, pursuant to UNDER section

4 7.

5 (4) This act shall EXCEPT FOR THE PROVISION OF TELECOMMUN-

6 ICATION SERVICES, THIS ACT DOES not apply to a transaction or

7 conduct specifically authorized under the laws of this state or

8 the United States, or specifically authorized under laws, BY LAW

9 OR THE rules, regulations, or orders administered, promulgated,

10 or issued by OF a regulatory agency, board, or officer acting

11 under statutory authority. of this state or the United States.

12 (5) A EXCEPT FOR THE PROVISION OF TELECOMMUNICATION SERV-

13 ICES, A transaction or conduct made unlawful by this act shall

14 not be construed to DOES NOT violate this act where IF it is

15 the subject of a legislatively mandated pervasive regulatory

16 scheme, including, but not limited to, the insurance code of

17 1956, being sections 500.100 to 500.8302 of the Michigan

18 Compiled Laws, which 1956 PA 218, MCL 500.100 TO 500.8302, THAT

19 confers exclusive jurisdiction on a regulatory board or officer

20 to authorize, prohibit, or regulate the transaction or conduct.

21 (6) This act shall DOES not apply to a transaction or con-

22 duct of an authorized health maintenance corporation, health

23 insurer, medical care corporation, or health service corporation

24 or health care corporation when the transaction or conduct is to

25 reduce the cost of health care and is permitted by the

26 commissioner. This subsection shall DOES not affect the

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1 enforcement of the federal antitrust act by federal courts or

2 federal agencies.

3 (7) AS USED IN THIS SECTION, "TELECOMMUNICATION SERVICES"

4 MEANS THAT TERM AS DEFINED IN SECTION 102 OF THE MICHIGAN TELE-

5 COMMUNICATIONS ACT, 1991 PA 179, MCL 484.2102.

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