Utah Code 76-10-3105. Exempt activities
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(1) This act may not be construed to prohibit:
Terms Used In Utah Code 76-10-3105
- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
- Commodity: includes any product of the soil, any article of merchandise or trade or commerce, and any other kind of real or personal property. See Utah Code 76-10-3103
- Service: includes any activity that is performed in whole or in part for the purpose of financial gain including, but not limited to, personal service, professional service, rental, leasing or licensing for use. See Utah Code 76-10-3103
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) the activities of any public utility to the extent that those activities are subject to regulation by the public service commission, the state or federal department of transportation, the federal energy regulatory commission, the federal communications commission, the interstate commerce commission, or successor agencies;
(1)(b) the activities of any insurer, insurance producer, independent insurance adjuster, or rating organization including, but not limited to, making or participating in joint underwriting or reinsurance arrangements, to the extent that those activities are subject to regulation by the commissioner of insurance;
(1)(c) the activities of securities dealers, issuers, or agents, to the extent that those activities are subject to regulation under the laws of either this state or the United States;
(1)(d) the activities of any state or national banking institution, to the extent that the activities are regulated or supervised by state government officers or agencies under the banking laws of this state or by federal government officers or agencies under the banking laws of the United States;
(1)(e) the activities of any state or federal savings and loan association to the extent that those activities are regulated or supervised by state government officers or agencies under the banking laws of this state or federal government officers or agencies under the banking laws of the United States;
(1)(f) the activities of a political subdivision to the extent authorized or directed by state law, consistent with the state action doctrine of federal antitrust law; or
(1)(g) the activities of an emergency medical service provider licensed under Title 53, Chapter 2d, Emergency Medical Services Act, to the extent that those activities are regulated by state government officers or agencies under that act.
(2)
(2)(a) The labor of a human being is not a commodity or article of commerce.
(2)(b) Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purpose of mutual help and not having capital stock or conducted for profit, or to forbid or restrain individual members of these organizations from lawfully carrying out their legitimate objects; nor may these organizations or membership in them be held to be illegal combinations or conspiracies in restraint of trade under the antitrust laws.
(3)
(3)(a) As used in this section, an entity is also a municipality if the entity was formed under Title 11, Chapter 13, Interlocal Cooperation Act, prior to January 1, 1981, and the entity is:
(3)(a)(i) a project entity as defined in Section 11-13-103 ;
(3)(a)(ii) an electric interlocal entity as defined in Section 11-13-103 ; or
(3)(a)(iii) an energy services interlocal entity as defined in Section 11-13-103 .
(3)(b) The activities of the entities under Subsection (3)(a) are authorized or directed by state law.