April 29, 2003, Introduced by Reps. Bradstreet and Rivet and referred to the Committee on Energy and Technology.
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,
5 agricultural, or
horticultural organization instituted created
6 for the purpose of mutual help, while lawfully carrying out its
7 legitimate 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
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
6 telecommunication services, this act does not apply to a
7 transaction or conduct
specifically authorized under the laws of
8 this state or the
United States, or specifically authorized under
9 laws, by law or the rules, regulations, or orders administered,
10 promulgated, or issued
by of a regulatory agency,
board, or
11 officer acting under
statutory authority. of this state or the
12 United States.
13 (5) A Except
for the provision of telecommunication
14 services, a transaction or conduct made unlawful by this act
15 shall not be construed
to does not violate this act where
if
16 it is the subject of a legislatively mandated pervasive
17 regulatory scheme, including, but not limited to, the insurance
18 code of 1956, being
sections 500.100 to 500.8302 of the Michigan
19 Compiled Laws, which 1956 PA 218, MCL 500.100 to 500.8302, that
20 confers exclusive jurisdiction on a regulatory board or officer
21 to authorize, prohibit, or regulate the transaction or conduct.
22 (6) This act shall
does not apply to a transaction or
23 conduct of an authorized health maintenance corporation, health
24 insurer, medical care corporation, or health service corporation
25 or health care corporation when the transaction or conduct is to
26 reduce the cost of health care and is permitted by the
27 commissioner. This
subsection shall does not affect the
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
5 telecommunications act, 1991 PA 179, MCL 484.2102.