Enrolled Copy H.B. 449
1 BUSINESS SERVICES AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ken Ivory
5 Senate Sponsor: Scott D. Sandall
6
7LONG TITLE
8General Description:
9 This bill prohibits a company from coordinating with another to intentionally destroy
10certain companies by eliminating the viable options for the companies to obtain a
11product or service.
12Highlighted Provisions:
13 This bill:
14 <defines terms;
15 <subject to exceptions, prohibits a company from coordinating with another to
16intentionally destroy certain companies by eliminating the viable options for the
17companies to obtain a product or service;
18 <allows a person to bring a civil action for injunctive relief or damages for a violation
19of the prohibition;
20 <requires a court to award attorney fees and costs to the prevailing party in the civil
21action; and
22 <prohibits a court from reducing damages in the civil action to an amount less than
23the actual damages.
24Money Appropriated in this Bill:
25 None
26Other Special Clauses:
27 This bill provides a special effective date.
28Utah Code Sections Affected:
29ENACTS: H.B. 449 Enrolled Copy
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30 13-63-101, Utah Code Annotated 1953
31 13-63-201, Utah Code Annotated 1953
32
33Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 13-63-101 is enacted to read:
35 CHAPTER 63. BUSINESS SERVICES BOYCOTT RESTRICTIONS
36 Part 1. General Provisions
37 13-63-101. Definitions.
38 As used in this chapter:
39 (1) "Boycotted company" means a company that:
40 (a) engages in, facilitates, or supports the manufacture, import, distribution,
41advertising, sale, or lawful use of a firearm, ammunition, or another component or accessory of
42a firearm or ammunition; or
43 (b) does not meet or commit to meet:
44 (i) environmental, social, or governance criteria in that the company engages in the
45exploration, production, utilization, transportation, sale, or manufacture of fossil fuel-based or
46nuclear energy, timber, mining, or agriculture; or
47 (ii) environmental standards, including standards for eliminating, reducing, offsetting,
48or disclosing greenhouse gas-emissions, beyond applicable state and federal law requirements.
49 (2) (a) "Company" means a corporation, partnership, limited liability company, or
50similar entity.
51 (b) "Company" includes any wholly-owned subsidiary, majority-owned subsidiary,
52parent company, or affiliate of an entity described in Subsection (2)(a).
53 Section 2. Section 13-63-201 is enacted to read:
54 Part 2. Prohibitions
55 13-63-201. Coordinated elimination of boycotted company's options to obtain a
56product or service prohibited -- Civil action -- Damages -- Exceptions.
57 (1) Except as provided in Subsection (4), a company that offers a product or service Enrolled Copy H.B. 449
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58may not, with the specific intent of destroying a boycotted company and without an ordinary
59business purpose, coordinate or conspire with another company to eliminate the viable options
60for the boycotted company to obtain the product or service.
61 (2) (a) A person who is injured or is threatened with injury to the person's business or
62property by a violation of Subsection (1) may bring an action for injunctive relief or damages.
63 (b) In an action for a violation of Subsection (1), the court:
64 (i) shall award attorney fees and costs to the prevailing party; and
65 (ii) may not reduce a judgment to an amount less than the amount of actual damages
66sustained.
67 (3) A person may not recover damages under this section from:
68 (a) a political subdivision;
69 (b) an official or employee of a political subdivision acting in an official capacity; or
70 (c) another person based on an official action directed by a political subdivision or a
71political subdivision's official or employee acting in an official capacity.
72 (4) This section does not prohibit a person from engaging in an activity to the extent
73the activity is regulated or supervised by state government officers or agencies under the laws
74of this state or federal government officers or agencies under the laws of the United States.
75 Section 3. Effective date.
76 This bill takes effect on July 1, 2023.