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Third Substitute S.B. 239
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill
on Mon, Mar 1, 2004 at 3:07 PM by rday. -->
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill
on Mon, Mar 1, 2004 at 3:08 PM by rday. -->
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill
on Mon, Mar 1, 2004 at 3:09 PM by rday. -->
This document includes House Floor Amendments incorporated into the bill on Wed, Mar
3, 2004 at 10:36 PM by kholt. -->
This document includes House Floor Amendments incorporated into the bill on Wed, Mar
3, 2004 at 10:40 PM by kholt. -->
Senator Mike Dmitrich proposes the following substitute bill:
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UNFAIR BUSINESS PRACTICES
2
2004 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Mike Dmitrich
|
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Ron Allen
|
Curtis S. Bramble
|
|
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LONG TITLE
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General Description:
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This bill enacts provisions within the Utah Criminal Code related to unfair competition.
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Highlighted Provisions:
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This bill:
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. defines unfair competition; and
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. provides a private right of action for a person injured by unfair competition.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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ENACTS:
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13-5a-101, Utah Code Annotated 1953
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13-5a-102, Utah Code Annotated 1953
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13-5a-103, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
13-5a-101
is enacted to read:
Text Box
House Floor Amendments 3-3-2004 kh/tcl
- 2 -
Senate 2nd Reading Amendments 3-1-2004 rd/tcl
26
CHAPTER 5a. UNFAIR COMPETITION ACT
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13-5a-101. Title.
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This chapter is known as the "Unfair Competition Act."
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Section 2.
Section
13-5a-102
is enacted to read:
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13-5a-102. Definitions.
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As used in this chapter:
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(1) "Control" means:
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(a) ownership of more than 5% of the voting shares or ownership interests of an entity;
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(b) the power to vote more than 5% of the voting shares of an entity; or
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(c) the ability to influence the management of an entity.
35a
H
(2) "CYBER-TERRORISM" MEANS:
35b
(a) THE UNLAWFUL USE OF COMPUTING RESOURCES TO INTIMIDATE OR COERCE
35c
OTHERS;
35d
(b) ACCESSING A COMPUTER WITHOUT AUTHORIZATION OR EXCEEDING AUTHORIZED
35e
ACCESS,
35f
(c) WILLFULLY COMMUNICATING, DELIVERING, OR CAUSING THE TRANSMISSION OF A
35g
PROGRAM, INFORMATION, CODE, OR COMMAND WITHOUT AUTHORIZATION OR EXCEEDING
35h
AUTHORIZED ACCESS;
35i
(d) INTENTIONALLY OR RECKLESSLY:
35j
(i) INTENDS TO DEFRAUD OR MATERIALLY CAUSE DAMAGE OR DISRUPTION TO ANY
35k
COMPUTING RESOURCES OR TO THE OWNER OF ANY COMPUTING RESOURCES; OR
35l
(ii) INTENDS TO MATERIALLY CAUSE DAMAGE OR DISRUPTION TO ANY COMPUTING
35m
RESOURCES INDIRECTLY THROUGH ANOTHER PARTY'S COMPUTING RESOURCES.
h
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H [
(2)
]
(3)
h "Depository institution" is as defined in Section
7-1-103
.
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H [
(3)
]
(4
h (a) Except as provided in Subsection H [
(3)
]
(4)
[
S [(b)]
(c)
s
]
(b)
h
, "
unfair
37a1
competition
"
means
H
[a] AN INTENTIONAL
h
37a
business
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act or practice that:
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(i) H
(A)
h is unlawful, unfair, or fraudulent; and
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H [
(ii)
]
(B)
h leads to a material diminution in value of intellectual property H [
.
]
; AND
40a
(ii) IS ONE OF THE FOLLOWING:
h
40a
S H [
(b
) "UNFAIR COMPETITION" INCLUDES:
40b
(i) DAMAGING AN INTERNET WEBSITE;
40c
(ii) COMPUTER HACKING;]
h
40d
H [
(iii)
]
(A)
h
CYBER-TERRORISM;
40e
H [
(iv) MISUSE
]
(B)
INFRINGEMENT
h
OF A PATENT, TRADEMARK, OR TRADE
NAME
;
Text Box
- 2a -
House Floor Amendments 3-3-2004 kh/tcl
40f
H [
(v)
]
(C)
h
A SOFTWARE LICENSE VIOLATION
;
40g
H [
(vi)
MISUSE OF AN INTERNET DOMAIN NAME
;
40h
(vii)
MISLEADING INTERNET DOMAIN NAME DIRECTIONS
;
]
OR
h
40i
H [
(viii)
]
(D)
h
PREDATORY HIRING PRACTICES H [
;
40j
(ix)
ENCOURAGING A PERSON TO VIOLATE A PROVISION OF AN EMPLOYMENT
CONTRACT
40k
THAT PROHIBITS COMPETITION OR DISCLOSURE; OR
40l
(x) MAKING FALSE OR MISLEADING CLAIMS
] h .
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[
(b)
] H [
(c)
] h s
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(b) Notwithstanding S [
Subsection
] H [
SUBSECTIONS
]
SUBSECTION
h
s H [
(3)
]
(4)
h (a)
41a
S H [
OR
(b)
] h s , "unfair
41a
competition" does not include the
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departure and hiring of an employee by a competitor.
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Section 3.
Section
13-5a-103
is enacted to read:
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13-5a-103. Private action for unfair competition.
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(1) (a) Except as provided in Subsection (2), a person injured by unfair competition
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may bring a private cause of action against a person who engages in unfair competition.
Text Box
- 2a -
Senate 2nd Reading Amendments 3-1-2004 rd/tcl
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(b) In an action under this Subsection (1), a person injured by unfair competition may
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recover:
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(i) actual damages;
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(ii) costs and attorney fees; and
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(iii) if the court determines that the circumstances are appropriate, punitive damages.
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(2) A person may not bring an action described in Subsection (1) against:
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(a) a depository institution; or
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(b) an entity that:
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(i) controls a depository institution;
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(ii) is controlled by an entity that controls a depository institution; or
Text Box
- 3 -
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(iii) is controlled by a depository institution.
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