Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 466 (2025GS)

Sponsor

Rep. Teuscher, Jordan D.

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• provides that a pre-merger notification is a notification filed with the Federal Trade Commission accompanied by a Hart-Scott-Rodino form;
• requires that a person filing a pre-merger notification file an electronic copy of a Hart-Scott-Rodino form and additional documentary material with the attorney general;
• prohibits the attorney general from charging a fee connected with filing a Hart-Scott-Rodino form;
• prohibits the attorney general from disclosing a Hart-Scott-Rodino form and other relevant information;
• classifies a Hart-Scott-Rodino form and other relevant information as a private record under the Government Records Access and Management Act;
• authorizes the attorney general to disclose a Hart-Scott-Rodino form and other relevant information if relevant to an administrative proceeding or a judicial action;
• provides that the provisions enacted by this bill do not impact preexisting obligations of the attorney general;
• authorizes the attorney general to disclose a Hart-Scott-Rodino form with the attorney general of another state under certain circumstances;
• authorizes the attorney general to seek the imposition of a civil penalty for noncompliance with the provisions of this bill;
• requires a court to promote uniformity among jurisdictions that enact the provisions of this bill;
• limits the provisions of this bill to a pre-merger notification filed after the effective date of the bill; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

15
16-10a-2001
16-10a-2002
16-10a-2003
16-10a-2004
16-10a-2005
16-10a-2006
16-10a-2007
63G-2-302
Uniform Antitrust Pre-Merger Notification Act Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor: 
LONG TITLE
General Description:
This bill enacts the Uniform Antitrust Pre-Merger Notification Act.
Highlighted Provisions:
This bill:
defines terms;
provides that a pre-merger notification is a notification filed with the Federal Trade 
Commission accompanied by a Hart-Scott-Rodino form;
requires that a person filing a pre-merger notification file an electronic copy of a 
Hart-Scott-Rodino form and additional documentary material with the attorney general;
prohibits the attorney general from charging a fee connected with filing a 
Hart-Scott-Rodino form;
prohibits the attorney general from disclosing a Hart-Scott-Rodino form and other 
relevant information;
classifies a Hart-Scott-Rodino form and other relevant information as a private record 
under the Government Records Access and Management Act;
authorizes the attorney general to disclose a Hart-Scott-Rodino form and other relevant 
information if relevant to an administrative proceeding or a judicial action;
provides that the provisions enacted by this bill do not impact preexisting obligations of 
the attorney general;
authorizes the attorney general to disclose a Hart-Scott-Rodino form with the attorney 
general of another state under certain circumstances;
authorizes the attorney general to seek the imposition of a civil penalty for 
noncompliance with the provisions of this bill;
requires a court to promote uniformity among jurisdictions that enact the provisions of 
this bill;
limits the provisions of this bill to a pre-merger notification filed after the effective date 
of the bill; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63G-2-302
, as last amended by Laws of Utah 2024, Chapter 234
ENACTS:
16-10a-2001
, Utah Code Annotated 1953
16-10a-2002
, Utah Code Annotated 1953
16-10a-2003
, Utah Code Annotated 1953
16-10a-2004
, Utah Code Annotated 1953
16-10a-2005
, Utah Code Annotated 1953
16-10a-2006
, Utah Code Annotated 1953
16-10a-2007
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
16-10a-2001
 is enacted to read:
20. Uniform Antitrust Pre-Merger Notification Act
16-10a-2001. Definitions.
As used in this part:
(1)
"Additional documentary material" means the additional documentary material filed 
with a Hart-Scott-Rodino form.
(2)
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, 
optical, electromagnetic, or similar capabilities.
(3)
"Filing threshold" means the minimum size of a transaction that requires the transaction 
to be reported under the Hart-Scott-Rodino Act in effect when a person files a 
pre-merger notification.
(4)
"Hart-Scott-Rodino Act" means Section 201 of the Hart-Scott-Rodino Antitrust 
Improvements Act of 1976, 15 U.S.C. Sec. 18a.
(5)
(a)
"Hart-Scott-Rodino form" means the form filed with a pre-merger notification.
(b)
"Hart-Scott-Rodino form" does not include additional documentary material.
(6)
"Pre-merger notification" means a notification filed under the Hart-Scott-Rodino Act 
with the Federal Trade Commission or the United States Department of Justice Antitrust 
Division or a successor agency.
(7)
"State" means a state of the United States, the District of Columbia, Puerto Rico, the 
United States Virgin Islands, or any other territory or possession subject to the 
jurisdiction of the United States.
Section 2, Section 
16-10a-2002
 is enacted to read:
16-10a-2002. Filing requirement.
(1)
A person filing a pre-merger notification shall file contemporaneously a complete 
electronic copy of the Hart-Scott-Rodino form with the attorney general if:
(a)
the person has the person's principal place of business in this state; or
(b)
the person or a person the person controls directly or indirectly had annual net sales 
in this state of the goods or services involved in the transaction of at least 20% of the 
filing threshold.
(2)
A person that files a form under Subsection 
(1)(a)
 shall include with the filing a 
complete electronic copy of the additional documentary material.
(3)
On request of the attorney general, a person that filed a form under Subsection (1)(b) 
shall provide a complete electronic copy of the additional documentary material to the 
attorney general not later than seven days after receipt of the request.
(4)
The attorney general may not charge a fee connected with filing or providing the form 
or additional documentary material under this section.
Section 3, Section 
16-10a-2003
 is enacted to read:
16-10a-2003. Confidentiality.
(1)
Except as provided in Subsection 
(3)
 or Section 
16-10a-2004
, the attorney general may 
not make public or disclose:
(a)
a Hart-Scott-Rodino form filed under Section 
16-10a-2002
;
(b)
the additional documentary material filed or provided under Section 
16-10a-2002
;
(c)
a Hart-Scott-Rodino form or additional documentary material provided by the 
attorney general of another state;
(d)
that the form or the additional documentary material was filed or provided under 
Section 
16-10a-2002
, or provided by the attorney general of another state; or
(e)
the merger proposed in the form.
(2)
A form, additional documentary material, and other information listed in Subsection 
(1)
are private records under Title 63G, Chapter 2, Government Records Access and 
Management Act.
(3)
Subject to a protective order entered by an agency, court, or judicial officer, the attorney 
general may disclose a form, additional documentary material, or other information 
listed in Subsection 
(1)
 in an administrative proceeding or judicial action if the proposed 
merger is relevant to the proceeding or action.
(4)
This part does not:
(a)
limit any other confidentiality or information-security obligation of the attorney 
general;
(b)
preclude the attorney general from sharing information with the Federal Trade 
Commission or the United States Department of Justice Antitrust Division, or a 
successor agency; or
(c)
subject to Subsection 
(5)
, preclude the attorney general from sharing information 
with the attorney general of another state that has enacted the Uniform Antitrust 
Pre-Merger Notification Act or a substantively equivalent act.
(5)
If the attorney general shares information with another state under Subsection 
(4)
(c), the 
other state's act must include confidentiality provisions at least as protective as the 
confidentiality provisions of the Uniform Antitrust Pre-Merger Notification Act.
Section 4, Section 
16-10a-2004
 is enacted to read:
16-10a-2004. Reciprocity.
(1)
(a)
The attorney general may disclose a Hart-Scott-Rodino form and additional 
documentary material filed or provided under Section 
16-10a-2002
 to the attorney 
general of another state that enacts the Uniform Antitrust Pre-Merger Notification 
Act or a substantively equivalent act.
(b)
The other state's act must include confidentiality provisions at least as protective as 
the confidentiality provisions of the Uniform Antitrust Pre-Merger Notification Act.
(2)
At least two business days before making a disclosure under Subsection 
(1)
, the attorney 
general shall give notice of the disclosure to the person filing or providing the form or 
additional documentary material under Section 
16-10a-2002
.
Section 5, Section 
16-10a-2005
 is enacted to read:
16-10a-2005. Civil penalty.
(1)
The attorney general may seek imposition of a civil penalty of not more than $10,000 
per day of noncompliance on a person that fails to comply with Subsections 
16-10a-2002(1)
 through (3).
(2)
A civil penalty imposed under this section is subject to procedural requirements 
applicable to the attorney general, including the requirements of due process.
Section 6, Section 
16-10a-2006
 is enacted to read:
16-10a-2006. Uniformity of application and construction.
In applying and construing this part, a court shall consider the promotion of uniformity 
of the law among jurisdictions that enact it.
Section 7, Section 
16-10a-2007
 is enacted to read:
16-10a-2007. Transitional provision.
This part applies only to a pre-merger notification filed on or after May 7, 2025.
Section 8, Section 
63G-2-302
 is amended to read:
63G-2-302. Private records.
(1)
The following records are private:
(a)
records concerning an individual's eligibility for unemployment insurance benefits, 
social services, welfare benefits, or the determination of benefit levels;
(b)
records containing data on individuals describing medical history, diagnosis, 
condition, treatment, evaluation, or similar medical data;
(c)
records of publicly funded libraries that when examined alone or with other records 
identify a patron;
(d)
records received by or generated by or for:
(i)
the Independent Legislative Ethics Commission, except for:
(A)
the commission's summary data report that is required under legislative rule; 
and
(B)
any other document that is classified as public under legislative rule; or
(ii)
a Senate or House Ethics Committee in relation to the review of ethics 
complaints, unless the record is classified as public under legislative rule;
(e)
records received by, or generated by or for, the Independent Executive Branch Ethics 
Commission, except as otherwise expressly provided in Title 63A, Chapter 14, 
Review of Executive Branch Ethics Complaints;
(f)
records received or generated for a Senate confirmation committee concerning 
character, professional competence, or physical or mental health of an individual:
(i)
if, prior to the meeting, the chair of the committee determines release of the 
records:
(A)
reasonably could be expected to interfere with the investigation undertaken by 
the committee; or
(B)
would create a danger of depriving a person of a right to a fair proceeding or 
impartial hearing; and
(ii)
after the meeting, if the meeting was closed to the public;
(g)
employment records concerning a current or former employee of, or applicant for 
employment with, a governmental entity that would disclose that individual's home 
address, home telephone number, social security number, insurance coverage, marital 
status, or payroll deductions;
(h)
records or parts of records under Section 
63G-2-303
 that a current or former 
employee identifies as private according to the requirements of that section;
(i)
that part of a record indicating a person's social security number or federal employer 
identification number if provided under Section 
31A-23a-104
, 
31A-25-202
, 
31A-26-202
, 
58-1-301
, 
58-55-302
, 
61-1-4
, or 
61-2f-203
;
(j)
that part of a voter registration record identifying a voter's:
(i)
driver license or identification card number;
(ii)
social security number, or last four digits of the social security number;
(iii)
email address;
(iv)
date of birth; or
(v)
phone number;
(k)
a voter registration record that is classified as a private record by the lieutenant 
governor or a county clerk under Subsection 
20A-2-101.1
(5)(a), 
20A-2-104
(4)(h), or 
20A-2-204
(4)(b);
(l)
a voter registration record that is withheld under Subsection 
20A-2-104
(7);
(m)
a withholding request form described in Subsections 
20A-2-104
(7) and (8) and any 
verification submitted in support of the form;
(n)
a record that:
(i)
contains information about an individual;
(ii)
is voluntarily provided by the individual; and
(iii)
goes into an electronic database that:
(A)
is designated by and administered under the authority of the Chief Information 
Officer; and
(B)
acts as a repository of information about the individual that can be 
electronically retrieved and used to facilitate the individual's online interaction 
with a state agency;
(o)
information provided to the Commissioner of Insurance under:
(i)
Subsection 
31A-23a-115
(3)(a);
(ii)
Subsection 
31A-23a-302
(4); or
(iii)
Subsection 
31A-26-210
(4);
(p)
information obtained through a criminal background check under Title 11, Chapter 
40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
(q)
information provided by an offender that is:
(i)
required by the registration requirements of Title 77, Chapter 41, Sex, Kidnap, and 
Child Abuse Offender Registry; and
(ii)
not required to be made available to the public under Subsection 
77-41-110
(4);
(r)
a statement and any supporting documentation filed with the attorney general in 
accordance with Section 
34-45-107
, if the federal law or action supporting the filing 
involves homeland security;
(s)
electronic toll collection customer account information received or collected under 
Section 
72-6-118
 and customer information described in Section 
17B-2a-815
received or collected by a public transit district, including contact and payment 
information and customer travel data;
(t)
an email address provided by a military or overseas voter under Section 
20A-16-501
;
(u)
a completed military-overseas ballot that is electronically transmitted under Title 
20A, Chapter 16, Uniform Military and Overseas Voters Act;
(v)
records received by or generated by or for the Political Subdivisions Ethics Review 
Commission established in Section 
63A-15-201
, except for:
(i)
the commission's summary data report that is required in Section 
63A-15-202
; and
(ii)
any other document that is classified as public in accordance with Title 63A, 
Chapter 15, Political Subdivisions Ethics Review Commission;
(w)
a record described in Section 
53G-9-604
 that verifies that a parent was notified of an 
incident or threat;
(x)
a criminal background check or credit history report conducted in accordance with 
Section 
63A-3-201
;
(y)
a record described in Subsection 
53-5a-104
(7);
(z)
on a record maintained by a county for the purpose of administering property taxes, 
an individual's:
(i)
email address;
(ii)
phone number; or
(iii)
personal financial information related to a person's payment method;
(aa)
a record submitted by a taxpayer to establish the taxpayer's eligibility for an 
exemption, deferral, abatement, or relief under:
(i)
Title 59, Chapter 2, Part 11, Exemptions;
(ii)
Title 59, Chapter 2, Part 12, Property Tax Relief;
(iii)
Title 59, Chapter 2, Part 18, Tax Deferral and Tax Abatement; or
(iv)
Title 59, Chapter 2, Part 19, Armed Forces Exemptions;
(bb)
a record provided by the State Tax Commission in response to a request under 
Subsection 
59-1-403
(4)(y)(iii);
(cc)
a record of the Child Welfare Legislative Oversight Panel regarding an individual 
child welfare case, as described in Subsection 
36-33-103
(3);
 and
(dd)
a record relating to drug or alcohol testing of a state employee under Section 
63A-17-1004
;
(ee)
a record relating to a request by a state elected official or state employee who has 
been threatened to the Division of Technology Services to remove personal 
identifying information from the open web under Section 
63A-16-109
;
 and
(ff)
a record including confidential information as that term is defined in Section 
67-27-105
.
; and
(gg)
a form, documentary material, or other information described in Subsection 
16-10a-2003(1)
.
(2)
The following records are private if properly classified by a governmental entity:
(a)
records concerning a current or former employee of, or applicant for employment 
with a governmental entity, including performance evaluations and personal status 
information such as race, religion, or disabilities, but not including records that are 
public under Subsection 
63G-2-301
(2)(b) or 
63G-2-301
(3)(o) or private under 
Subsection (1)(b);
(b)
records describing an individual's finances, except that the following are public:
(i)
records described in Subsection 
63G-2-301
(2);
(ii)
information provided to the governmental entity for the purpose of complying 
with a financial assurance requirement; or
(iii)
records that must be disclosed in accordance with another statute;
(c)
records of independent state agencies if the disclosure of those records would 
conflict with the fiduciary obligations of the agency;
(d)
other records containing data on individuals the disclosure of which constitutes a 
clearly unwarranted invasion of personal privacy;
(e)
records provided by the United States or by a government entity outside the state that 
are given with the requirement that the records be managed as private records, if the 
providing entity states in writing that the record would not be subject to public 
disclosure if retained by it;
(f)
any portion of a record in the custody of the Division of Aging and Adult Services, 
created in Section 
26B-6-102
, that may disclose, or lead to the discovery of, the 
identity of a person who made a report of alleged abuse, neglect, or exploitation of a 
vulnerable adult; and
(g)
audio and video recordings created by a body-worn camera, as defined in Section 
77-7a-103
, that record sound or images inside a home or residence except for 
recordings that:
(i)
depict the commission of an alleged crime;
(ii)
record any encounter between a law enforcement officer and a person that results 
in death or bodily injury, or includes an instance when an officer fires a weapon;
(iii)
record any encounter that is the subject of a complaint or a legal proceeding 
against a law enforcement officer or law enforcement agency;
(iv)
contain an officer involved critical incident as defined in Subsection 
76-2-408
(1)(f); or
(v)
have been requested for reclassification as a public record by a subject or 
authorized agent of a subject featured in the recording.
(3)
(a)
As used in this Subsection (3), "medical records" means medical reports, records, 
statements, history, diagnosis, condition, treatment, and evaluation.
(b)
Medical records in the possession of the University of Utah Hospital, its clinics, 
doctors, or affiliated entities are not private records or controlled records under 
Section 
63G-2-304
 when the records are sought:
(i)
in connection with any legal or administrative proceeding in which the patient's 
physical, mental, or emotional condition is an element of any claim or defense; or
(ii)
after a patient's death, in any legal or administrative proceeding in which any 
party relies upon the condition as an element of the claim or defense.
(c)
Medical records are subject to production in a legal or administrative proceeding 
according to state or federal statutes or rules of procedure and evidence as if the 
medical records were in the possession of a nongovernmental medical care provider.
Section 9. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-10-25 3:26 PM