H.B. 236

1

CIVIL ANTITRUST EXEMPTIONS
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: John Dougall
5 This act modifies the Utah Antitrust Act by providing that activities of all political
6 subdivisions and the state may not be prohibited by the antitrust act, to the extent the
7 activities are authorized or directed by state law.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 76-10-913, as enacted by Chapter 79, Laws of Utah 1979
11 76-10-915, as last amended by Chapter 141, Laws of Utah 1999
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 76-10-913 is amended to read:
14 76-10-913. Definitions.
15 As used in this act:
16 (1) "Attempt to monopolize" means action taken without a legitimate business purpose
17 and with a specific intent of destroying competition or controlling prices to substantially lessen
18 competition, or creating a monopoly, where there is a dangerous probability of creating a
19 monopoly.
20 (2) "Commodity" includes any product of the soil, any article of merchandise or trade
21 or commerce, and any other kind of real or personal property.
22 (3) "Manufacturer" means the producer or originator of any commodity or service.
23 (4) "Political subdivision" has the same definition as in Section 63-30-2 .
24 [(4)] (5) "Service" includes any activity that is performed in whole or in part for the
25 purpose of financial gain including, but not limited to, personal service, professional service,
26 rental, leasing or licensing for use.
27 [(5)] (6) "Trade or commerce" includes all economic activity involving, or relating to,

28 any commodity, service, or business activity, including the cost of exchange or transportation.
29 Section 2. Section 76-10-915 is amended to read:
30 76-10-915. Exempt activities.
31 (1) [No provision of this act shall] This act may not be construed to prohibit:
32 (a) the activities of any public utility to the extent that those activities are subject to
33 regulation by the public service commission, the state or federal department of transportation,
34 the federal energy regulatory commission, the federal communications commission, the
35 interstate commerce commission, or successor agencies;
36 (b) the activities of any insurer, insurance agent, insurance broker, independent
37 insurance adjuster or rating organization including, but not limited to, making or participating
38 in joint underwriting or reinsurance arrangements, to the extent that those activities are subject
39 to regulation by the commissioner of insurance;
40 (c) the activities of securities dealers, issuers, or agents, to the extent that those
41 activities are subject to regulation under the laws of either this state or the United States;
42 (d) the activities of any state or national banking institution, to the extent that [such]
43 the activities are regulated or supervised by state government officers or agencies under the
44 banking laws of this state or by federal government officers or agencies under the banking laws
45 of the United States;
46 (e) the activities of any state or federal savings and loan association to the extent that
47 those activities are regulated or supervised by state government officers or agencies under the
48 banking laws of this state or federal government officers or agencies under the banking laws of
49 the United States;
50 (f) the activities of [a municipality] the state and any political subdivision to the extent
51 authorized or directed by state law; or
52 (g) the activities of an emergency medical service provider licensed under Title 26,
53 Chapter 8a, Utah Emergency Medical Service System Act, to the extent that those activities are
54 regulated by state government officers or agencies under that act.
55 (2) (a) The labor of a human being is not a commodity or article of commerce.
56 [Nothing contained in the antitrust laws shall]
57 (b) This act may not be construed to:
58 (i) forbid the existence and operation of labor, agricultural, or horticultural

59 organizations[,] instituted for the purpose of mutual help and not having capital stock or
60 conducted for profit[, or to];
61 (ii) forbid or restrain individual members of [such] these organizations from lawfully
62 carrying out the legitimate object [thereof] of the organizations; [nor shall such] or
63 (iii) determine that organizations or membership in them [be held to be] are illegal
64 combinations or conspiracies in restraint of trade under [the antitrust laws] this act.




Legislative Review Note
as of 1-22-03 8:45 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel