HOUSE BILL No. 5332


     February 9, 2000, Introduced by Rep. Bisbee and referred to the Committee on Insurance and Financial Services.


        A bill to amend 1976 PA 331, entitled

   "Michigan consumer protection act,"

   by amending section 4 (MCL 445.904), as amended by 1993 PA 10.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           Sec. 4.  (1) This act does not apply to either of the

 2
      following:

 3
           (a) A transaction or conduct specifically authorized under

 4
      laws administered by a regulatory board or officer acting under

 5
      statutory authority of this state or the United States.

 6
           (b) An act done by the publisher, owner, agent, or employee

 7
      of a newspaper, periodical, directory, radio or television sta-

 8
      tion, or other communications medium in the publication or dis-

 9
      semination of an advertisement unless the publisher, owner,

10
      agent, or employee knows or, under the circumstances, reasonably

11
      should know of the false, misleading, or deceptive character of


   02983'99 b **                                            SAT
                                                   2

 1
      the advertisement or has a direct financial interest in the sale

 2
      or distribution of the advertised goods, property, or service.

 3
           (2)  Except for the purposes of an action filed by a person

 4
      under section 11, this  THIS act does not apply to OR CREATE A

 5
      CAUSE OF ACTION FOR an unfair, unconscionable, or deceptive

 6
      method, act, or practice that is made unlawful by ANY OF THE

 7
      FOLLOWING:

 8
           (a) Chapter 20 of the insurance code of 1956,  Act No. 218

 9
      of the Public Acts of 1956, as amended, being sections 500.2001

10
      to 500.2093 of the Michigan Compiled Laws  1956 PA 218,

11
      MCL 500.2001 TO 500.2093.

12
           (b) The banking code of  1969, Act No. 319 of the Public

13
      Acts of 1969, as amended, being sections 487.301 to 487.598 of

14
      the Michigan Compiled Laws  1999, 1999 PA 276, MCL 487.11101 TO

15
      487.15101.

16
           (c)  Act No. 3 of the Public Acts of 1939, as amended, being

17
      sections 460.1 to 460.8 of the Michigan Compiled Laws  1939 PA 3,

18
      MCL 460.1 TO 460.8.

19
           (d) The motor carrier act,  Act No. 254 of the Public Acts

20
      of 1933, as amended, being sections 475.1 to 479.20 of the

21
      Michigan Compiled Laws  1933 PA 254, MCL 475.1 TO 475.43.

22
            (e) Act No. 125 of the Public Acts of 1963, being sections

23
      550.351 to 550.373 of the Michigan Compiled Laws 

24
           (E) THE NONPROFIT HEALTH CARE CORPORATION REFORM ACT, 1980

25
      PA 350, MCL 550.1101 TO 550.1704.

26
           (F) PART 210 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL

27
      333.21001 TO 333.21098.



   02983'99 b **
                                   3

 1
           (G) 1963 PA 125, MCL 550.351 TO 550.373.

 2
           (3) The burden of proving an exemption from this act is upon

 3
      the person claiming the exemption.


















































   02983'99 b **          Final page.                       SAT