2 | 8 | | 1 BUSINESS SERVICES AMENDMENTS |
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3 | 9 | | 2 2023 GENERAL SESSION |
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4 | 10 | | 3 STATE OF UTAH |
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5 | 11 | | 4 Chief Sponsor: Ken Ivory |
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6 | 12 | | 5 Senate Sponsor: Scott D. Sandall |
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7 | 13 | | 6 |
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8 | 14 | | 7LONG TITLE |
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9 | 15 | | 8General Description: |
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10 | 16 | | 9 This bill prohibits a company from coordinating with another to intentionally destroy |
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11 | 17 | | 10certain companies by eliminating the viable options for the companies to obtain a |
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12 | 18 | | 11product or service. |
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13 | 19 | | 12Highlighted Provisions: |
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14 | 20 | | 13 This bill: |
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15 | 21 | | 14 <defines terms; |
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16 | 22 | | 15 <subject to exceptions, prohibits a company from coordinating with another to |
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17 | 23 | | 16intentionally destroy certain companies by eliminating the viable options for the |
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18 | 24 | | 17companies to obtain a product or service; |
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19 | 25 | | 18 <allows a person to bring a civil action for injunctive relief or damages for a violation |
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20 | 26 | | 19of the prohibition; |
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21 | 27 | | 20 <requires a court to award attorney fees and costs to the prevailing party in the civil |
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22 | 28 | | 21action; and |
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23 | 29 | | 22 <prohibits a court from reducing damages in the civil action to an amount less than |
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24 | 30 | | 23the actual damages. |
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25 | 31 | | 24Money Appropriated in this Bill: |
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26 | 32 | | 25 None |
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32 | 39 | | 30 13-63-101, Utah Code Annotated 1953 |
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33 | 40 | | 31 13-63-201, Utah Code Annotated 1953 |
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34 | 41 | | 32 |
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35 | 42 | | 33Be it enacted by the Legislature of the state of Utah: |
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36 | 43 | | 34 Section 1. Section 13-63-101 is enacted to read: |
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37 | 44 | | 35 CHAPTER 63. BUSINESS SERVICES BOYCOTT RESTRICTIONS |
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38 | 45 | | 36 Part 1. General Provisions |
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39 | 46 | | 37 13-63-101. Definitions. |
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40 | 47 | | 38 As used in this chapter: |
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41 | 48 | | 39 (1) "Boycotted company" means a company that: |
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42 | 49 | | 40 (a) engages in, facilitates, or supports the manufacture, import, distribution, |
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43 | 50 | | 41advertising, sale, or lawful use of a firearm, ammunition, or another component or accessory of |
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44 | 51 | | 42a firearm or ammunition; or |
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45 | 52 | | 43 (b) does not meet or commit to meet: |
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46 | 53 | | 44 (i) environmental, social, or governance criteria in that the company engages in the |
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47 | 54 | | 45exploration, production, utilization, transportation, sale, or manufacture of fossil fuel-based or |
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48 | 55 | | 46nuclear energy, timber, mining, or agriculture; or |
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49 | 56 | | 47 (ii) environmental standards, including standards for eliminating, reducing, offsetting, |
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50 | 57 | | 48or disclosing greenhouse gas-emissions, beyond applicable state and federal law requirements. |
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51 | 58 | | 49 (2) (a) "Company" means a corporation, partnership, limited liability company, or |
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52 | 59 | | 50similar entity. |
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53 | 60 | | 51 (b) "Company" includes any wholly-owned subsidiary, majority-owned subsidiary, |
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54 | 61 | | 52parent company, or affiliate of an entity described in Subsection (2)(a). |
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55 | 62 | | 53 Section 2. Section 13-63-201 is enacted to read: |
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56 | 63 | | 54 Part 2. Prohibitions |
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57 | 64 | | 55 13-63-201. Coordinated elimination of boycotted company's options to obtain a |
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61 | 68 | | 58may not, with the specific intent of destroying a boycotted company and without an ordinary |
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62 | 69 | | 59business purpose, coordinate or conspire with another company to eliminate the viable options |
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63 | 70 | | 60for the boycotted company to obtain the product or service. |
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64 | 71 | | 61 (2) (a) A person who is injured or is threatened with injury to the person's business or |
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65 | 72 | | 62property by a violation of Subsection (1) may bring an action for injunctive relief or damages. |
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66 | 73 | | 63 (b) In an action for a violation of Subsection (1), the court: |
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67 | 74 | | 64 (i) shall award attorney fees and costs to the prevailing party; and |
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68 | 75 | | 65 (ii) may not reduce a judgment to an amount less than the amount of actual damages |
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69 | 76 | | 66sustained. |
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70 | 77 | | 67 (3) A person may not recover damages under this section from: |
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71 | 78 | | 68 (a) a political subdivision; |
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72 | 79 | | 69 (b) an official or employee of a political subdivision acting in an official capacity; or |
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73 | 80 | | 70 (c) another person based on an official action directed by a political subdivision or a |
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74 | 81 | | 71political subdivision's official or employee acting in an official capacity. |
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75 | 82 | | 72 (4) This section does not prohibit a person from engaging in an activity to the extent |
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76 | 83 | | 73the activity is regulated or supervised by state government officers or agencies under the laws |
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77 | 84 | | 74of this state or federal government officers or agencies under the laws of the United States. |
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78 | 85 | | 75 Section 3. Effective date. |
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79 | 86 | | 76 This bill takes effect on July 1, 2023. |
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