First Substitute H.B. 333

Representative Richard W. Wheeler proposes the following substitute bill:

1 ANTITRUST EXEMPTION
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Richard W. Wheeler
5 Senate Sponsor: Lyle W. Hillyard
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Criminal Code's Antitrust Act regarding the definition of a
10 municipality.
11 Highlighted Provisions:
12 This bill:
13 . provides that an entity is considered to be a municipality for specified purposes of
14 the Antitrust Act if the entity was formed under Title 11, Chapter 13, Interlocal
15 Cooperation Act, prior to January 1, 1981, and the entity is:
16 . a project entity as defined in Section 11-13-103 ;
17 . an electric interlocal entity as defined in Section 11-13-103 ; or
18 . an energy services interlocal entity as defined in Section 11-13-103 ; and
19 . provides that these listed entities are authorized or directed by state law.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:

26 76-10-915, as last amended by Chapter 298, Laws of Utah 2003
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. 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 producer, independent insurance adjuster, or
37 rating organization including, but not limited to, making or participating in joint underwriting
38 or reinsurance arrangements, to the extent that those activities are subject to regulation by the
39 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 to the extent authorized or directed by state law; or
51 (g) the activities of an emergency medical service provider licensed under Title 26,
52 Chapter 8a, Utah Emergency Medical Service System Act, to the extent that those activities are
53 regulated by state government officers or agencies under that act.
54 (2) (a) The labor of a human being is not a commodity or article of commerce.
55 (b) Nothing contained in the antitrust laws shall be construed to forbid the existence
56 and operation of labor, agricultural, or horticultural organizations, instituted for the purpose of

57 mutual help and not having capital stock or conducted for profit, or to forbid or restrain
58 individual members of [such] these organizations from lawfully carrying out [the] their
59 legitimate [object thereof] objects; nor [shall such] may these organizations or membership in
60 them be held to be illegal combinations or conspiracies in restraint of trade under the antitrust
61 laws.
62 (3) (a) As used in this section, an entity is also a municipality if the entity was formed
63 under Title 11, Chapter 13, Interlocal Cooperation Act, prior to January 1, 1981, and the entity
64 is:
65 (i) a project entity as defined in Section 11-13-103 ;
66 (ii) an electric interlocal entity as defined in Section 11-13-103 ; or
67 (iii) an energy services interlocal entity as defined in Section 11-13-103 .
68 (b) The activities of the entities under Subsection (3)(a) are authorized or directed by
69 state law.