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Senate amends and passes bill clarifying 'unfair competition' and predatory hiring language

Utah State Senate · March 1, 2004
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Summary

Third substitute Senate Bill 239 was amended to clarify the statutory definition of unfair competition and to incorporate language on predatory hiring practices; senators debated judicial standards and the scope of remedies before the substitute passed 25–0 and was referred to the House.

The Utah Senate debated and passed changes to third substitute Senate Bill 239 on March 1, adopting an amendment that clarifies the definition of "unfair competition," including language about predatory hiring practices and protection of intellectual property value.

Senator Bramble explained the amendment — described as Amendment #2 to the third substitute — which preserves existing language on unfair practice and adds statutory clarifications intended to reflect current judicial standards. Senators asked detailed questions about the meaning of "predatory hiring" and whether the bill would capture ordinary competitive recruiting; the sponsor and other senators emphasized that civil proof under judicial standards would be required and the bill did not criminalize ordinary hiring practices.

After floor Q&A and the adoption of the amendment, the Senate read the third substitute for final adoption. On the roll‑call the bill received 25 aye votes, no nay votes and 4 absent; it passed and will be referred to the House for further consideration.