13-66 - Business Services Boycott Restrictions

Title 13 > 13-66

Sections (2)

General Provisions

13-66-101 - Definitions.

As used in this chapter:

(1) “Boycotted company” means a company that: engages in, facilitates, or supports the manufacture, import, distribution, advertising, sale, or lawful use of a firearm, ammunition, or another component or accessory of a firearm or ammunition; ordoes not meet or commit to meet:environmental, social, or governance criteria in that the company engages in the exploration, production, utilization, transportation, sale, or manufacture of fossil fuel-based or nuclear energy, timber, mining, or agriculture; orenvironmental standards, including standards for eliminating, reducing, offsetting, or disclosing greenhouse gas-emissions, beyond applicable state and federal law requirements.

(2) “Company” means a corporation, partnership, limited liability company, or similar entity.”Company” includes any wholly-owned subsidiary, majority-owned subsidiary, parent company, or affiliate of an entity described in Subsection (2)(a).

Enacted by Chapter 298, 2023 General Session

Prohibitions

13-66-201 - Coordinated elimination of boycotted company’s options to obtain a product or service prohibited — Civil action — Damages — Exceptions.

(1) Except as provided in Subsection (4), a company that offers a product or service may not, with the specific intent of destroying a boycotted company and without an ordinary business purpose, coordinate or conspire with another company to eliminate the viable options for the boycotted company to obtain the product or service.

(2) A person who is injured or is threatened with injury to the person’s business or property by a violation of Subsection (1) may bring an action for injunctive relief or damages.In an action for a violation of Subsection (1), the court:shall award attorney fees and costs to the prevailing party; andmay not reduce a judgment to an amount less than the amount of actual damages sustained.

(3) A person may not recover damages under this section from: a political subdivision;an official or employee of a political subdivision acting in an official capacity; oranother person based on an official action directed by a political subdivision or a political subdivision’s official or employee acting in an official capacity.

(4) This section does not prohibit a person from engaging in an activity to the extent the activity is regulated or supervised by state government officers or agencies under the laws of this state or federal government officers or agencies under the laws of the United States.

Enacted by Chapter 298, 2023 General Session