ยง480-11 - Exemption of certain cooperative organizations; insurance transactions; approved mergers of federally regulated companies; homeless facility and program donors and provider agencies.
ยง480-11ย Exemption of certain cooperative
organizations; insurance transactions; approved mergers of federally regulated
companies; homeless facility and program donors and provider agencies.ย
(a)ย Nothing in this chapter shall be construed to forbid the existence and
operation of fishery, agricultural, or consumer cooperative organizations or
associations instituted for the purpose of mutual help that are organized and
operated under chapter 421 or 421C, or that conform and continue to conform to
the requirements of the Capper-Volstead Act (7 U.S.C. 291 and 292); provided
that if any organization or association monopolizes or restrains trade or
commerce in any section of this State to an extent that the price of any
fishery, agricultural, or consumer product is unduly enhanced by reason
thereof, this chapter shall apply to those acts.
(b)ย This chapter shall not apply to any
transaction in the business of insurance that is in violation of any section of
this chapter if the transaction is expressly permitted by the insurance laws of
this State; provided that nothing in this section shall render this chapter
inapplicable to any agreement to boycott, coerce, or intimidate or any act of
boycott, coercion, or intimidation.
(c)ย This chapter shall not apply to mergers of
companies where the mergers are approved by the federal regulatory agency that
has jurisdiction and control over the mergers.
(d)ย This chapter shall not apply to:
(1)ย Any provider agencies or donors under part VII of
chapter 356D;
(2)ย Any provider agency or donor method or act that
complies with part VII of chapter 356D; or
(3)ย Any cooperation or agreement authorized pursuant
to rule under part VII of chapter 356D. [L 1961, c 190, ยง9; Supp, ยง205A-9; HRS
ยง480-11; am L 1982, c 97, ยง3; am L 1991, c 212, ยง7; am L 1997, c 350, ยง17; am L
1998, c 212, ยง3; am L 2007, c 249, ยง23]