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House amends constitutional revision to add statutory exception to antitrust clause and approves package
Summary
The Utah House amended and passed a constitutional revision package that updates the corporations article and replaces archaic antitrust wording with language modeled on the Sherman Antitrust Act, adding an amendment to allow statutory exceptions. The amendment passed on the floor and the resolution was approved as amended.
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The Utah House on the floor amended and approved a package of constitutional revisions that updates the corporations article and replaces the state’s older antitrust wording with language drawn from the Sherman Antitrust Act.
Representative Frankston, the sponsor, told the chamber the majority of the revisions remove "archaic language" and bring the constitution into alignment with modern practice; he said the sole substantive change in the package concerns the antitrust provision, which now addresses monopolization of both goods and services to provide clearer judicial guidance.
During extended questioning members raised concerns that the new wording could unintentionally prohibit regulated local monopolies—utilities, cable franchises and other franchise arrangements in the state’s economy. Representative Howard proposed and obtained approval of a floor amendment to add the phrase "except as otherwise provided by statute" to the antitrust clause, framing it as an "escape valve" so the Legislature can authorize narrow exceptions when necessary. Representative Howard moved the specific insertion "except as otherwise provided by statute," and members on the floor described the change as a way to preserve statutory regulation of public‑utility and similar arrangements while modernizing the constitutional text.
Supporters, including members of the Constitutional Revision Commission and the Attorney General’s office (cited on the floor), said the updated language is common in other states and that hundreds of federal cases interpreting Sherman Act language would give Utah courts more precedent to rely on. Opponents warned the package bundles multiple separate constitutional amendments into a single measure and urged closer, individual consideration of each change before a final vote.
After a short procedural call of the house to confirm the presence of members, voting concluded and the House approved the resolution as amended. The bill record on the floor shows the resolution passed and will be returned to the Senate for further action.
