Utah 2023 Regular Session

Utah House Bill HB0449 Compare Versions

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1-Enrolled Copy H.B. 449
1+4th Sub. H.B. 449
2+LEGISLATIVE GENERAL COUNSEL
3+6 Approved for Filing: E.A. Evans 6
4+6 03-02-23 3:42 PM 6
5+H.B. 449
6+4th Sub. (Green)
7+Senator Scott D. Sandall proposes the following substitute bill:
28 1 BUSINESS SERVICES AMENDMENTS
39 2 2023 GENERAL SESSION
410 3 STATE OF UTAH
511 4 Chief Sponsor: Ken Ivory
612 5 Senate Sponsor: Scott D. Sandall
713 6
814 7LONG TITLE
915 8General Description:
1016 9 This bill prohibits a company from coordinating with another to intentionally destroy
1117 10certain companies by eliminating the viable options for the companies to obtain a
1218 11product or service.
1319 12Highlighted Provisions:
1420 13 This bill:
1521 14 <defines terms;
1622 15 <subject to exceptions, prohibits a company from coordinating with another to
1723 16intentionally destroy certain companies by eliminating the viable options for the
1824 17companies to obtain a product or service;
1925 18 <allows a person to bring a civil action for injunctive relief or damages for a violation
2026 19of the prohibition;
2127 20 <requires a court to award attorney fees and costs to the prevailing party in the civil
2228 21action; and
2329 22 <prohibits a court from reducing damages in the civil action to an amount less than
2430 23the actual damages.
2531 24Money Appropriated in this Bill:
2632 25 None
33+*HB0449S04* 4th Sub. (Green) H.B. 449 03-02-23 3:42 PM
34+- 2 -
2735 26Other Special Clauses:
2836 27 This bill provides a special effective date.
2937 28Utah Code Sections Affected:
30-29ENACTS: H.B. 449 Enrolled Copy
31-- 2 -
38+29ENACTS:
3239 30 13-63-101, Utah Code Annotated 1953
3340 31 13-63-201, Utah Code Annotated 1953
3441 32
3542 33Be it enacted by the Legislature of the state of Utah:
3643 34 Section 1. Section 13-63-101 is enacted to read:
3744 35 CHAPTER 63. BUSINESS SERVICES BOYCOTT RESTRICTIONS
3845 36 Part 1. General Provisions
3946 37 13-63-101. Definitions.
4047 38 As used in this chapter:
4148 39 (1) "Boycotted company" means a company that:
4249 40 (a) engages in, facilitates, or supports the manufacture, import, distribution,
4350 41advertising, sale, or lawful use of a firearm, ammunition, or another component or accessory of
4451 42a firearm or ammunition; or
4552 43 (b) does not meet or commit to meet:
4653 44 (i) environmental, social, or governance criteria in that the company engages in the
4754 45exploration, production, utilization, transportation, sale, or manufacture of fossil fuel-based or
4855 46nuclear energy, timber, mining, or agriculture; or
4956 47 (ii) environmental standards, including standards for eliminating, reducing, offsetting,
5057 48or disclosing greenhouse gas-emissions, beyond applicable state and federal law requirements.
5158 49 (2) (a) "Company" means a corporation, partnership, limited liability company, or
5259 50similar entity.
5360 51 (b) "Company" includes any wholly-owned subsidiary, majority-owned subsidiary,
5461 52parent company, or affiliate of an entity described in Subsection (2)(a).
5562 53 Section 2. Section 13-63-201 is enacted to read:
5663 54 Part 2. Prohibitions
5764 55 13-63-201. Coordinated elimination of boycotted company's options to obtain a
58-56product or service prohibited -- Civil action -- Damages -- Exceptions.
59-57 (1) Except as provided in Subsection (4), a company that offers a product or service Enrolled Copy H.B. 449
65+56product or service prohibited -- Civil action -- Damages -- Exceptions. 03-02-23 3:42 PM 4th Sub. (Green) H.B. 449
6066 - 3 -
67+57 (1) Except as provided in Subsection (4), a company that offers a product or service
6168 58may not, with the specific intent of destroying a boycotted company and without an ordinary
6269 59business purpose, coordinate or conspire with another company to eliminate the viable options
6370 60for the boycotted company to obtain the product or service.
6471 61 (2) (a) A person who is injured or is threatened with injury to the person's business or
6572 62property by a violation of Subsection (1) may bring an action for injunctive relief or damages.
6673 63 (b) In an action for a violation of Subsection (1), the court:
6774 64 (i) shall award attorney fees and costs to the prevailing party; and
6875 65 (ii) may not reduce a judgment to an amount less than the amount of actual damages
6976 66sustained.
7077 67 (3) A person may not recover damages under this section from:
7178 68 (a) a political subdivision;
7279 69 (b) an official or employee of a political subdivision acting in an official capacity; or
7380 70 (c) another person based on an official action directed by a political subdivision or a
7481 71political subdivision's official or employee acting in an official capacity.
7582 72 (4) This section does not prohibit a person from engaging in an activity to the extent
7683 73the activity is regulated or supervised by state government officers or agencies under the laws
7784 74of this state or federal government officers or agencies under the laws of the United States.
7885 75 Section 3. Effective date.
7986 76 This bill takes effect on July 1, 2023.