Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 54 (2017GS)

Sponsor

Rep. Coleman, K.

Final action

Governor Signed 3/28/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• designates outdoor areas of campuses at institutions of higher education as traditional public forums;
• creates requirements for institutions of higher education related to expressive activity;
• creates a cause of action related to a violation of expressive rights at an institution of higher education; and
• enacts other provisions related to expressive activity at an institution of higher education.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Fri, Feb 17, 2017 at 2:51 PM by jeyring.
CAMPUS FREE SPEECH AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kim F. Coleman
Senate Sponsor: 
 Todd Weiler
LONG TITLE
General Description:
This bill enacts provisions related to expressive activity at an institution of higher
education.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ designates outdoor areas of campuses at institutions of higher education as
traditional public forums;
▸ creates requirements for institutions of higher education related to expressive
activity;
▸ creates a cause of action related to a violation of expressive rights at an institution
of higher education; and
▸ enacts other provisions related to expressive activity at an institution of higher
education.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
53B-27-101
, Utah Code Annotated 1953
53B-27-102
, Utah Code Annotated 1953
53B-27-201
, Utah Code Annotated 1953
53B-27-202
, Utah Code Annotated 1953
53B-27-203
, Utah Code Annotated 1953
53B-27-204
, Utah Code Annotated 1953
53B-27-205
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53B-27-101
 is enacted to read:
CHAPTER 27. CAMPUS INDIVIDUAL RIGHTS ACT
Part 1. General Provisions
 53B-27-101.
Title.
(1) This chapter is known as the "Campus Individual Rights Act."
(2) This part is known as "General Provisions."
Section 2. Section 
53B-27-102
 is enacted to read:
 53B-27-102.
Definition.
As used in this chapter, "institution" means an institution of higher education listed in
Section 
53B-1-102
.
Section 3. Section 
53B-27-201
 is enacted to read:
Part 2. Campus Free Expression Act
 53B-27-201.
Title.
This part is known as the "Campus Free Expression Act."
Section 4. Section 
53B-27-202
 is enacted to read:
 53B-27-202.
Definitions.
As used in this part, "expressive activity" includes:
(1) peacefully assembling, protesting, or speaking;
(2) distributing literature;
(3) carrying a sign; or
(4) circulating a petition.
Section 5. Section 
53B-27-203
 is enacted to read:
 53B-27-203.
Expressive activities at an institution.
(1) An outdoor area of an institution's campus is a traditional public forum.
(2) An institution may maintain and enforce reasonable time, place, or manner
restrictions on an expressive activity in an outdoor area of the institution's campus, if the
restrictions:
(a) are narrowly tailored to serve a significant institutional interest;
(b) are based on published, content-neutral, and viewpoint-neutral criteria; and
(c) leave open ample alternative channels for communication.
(3) Subject to Subsection (2), an institution may not prohibit:
(a) a member of the institution's community or the public from spontaneously and
contemporaneously assembling in an outdoor area of the institution's campus; or
(b) a person from freely engaging in noncommercial expressive activity in an outdoor
area of the institution's campus if the person's conduct is lawful.
(4) This part does not apply to expressive activity in an area on an institution's campus
other than an outdoor area.
Section 6. Section 
53B-27-204
 is enacted to read:
 53B-27-204.
Cause of action.
(1) The following persons may bring an action in a state court of competent jurisdiction
to enjoin a violation of this part or to recover compensatory damages, reasonable court costs, or
reasonable attorney fees:
(a) the attorney general; or
(b) a person claiming that the person's expressive rights, as described in this part, were
violated.
(2) In an action brought under this part, if the court finds a violation of this part, the
court:
(a) shall enjoin the violation;
(b) shall, if a person whose expressive rights were violated brought the action, award
the person:
(i) at least $500 for an initial violation; and
(ii)
Ĥ→ 
if the person notifies the institution of the violation,
 ←Ĥ
$50 for each day the
88a 
violation continues after the
Ĥ→ [
initial violation
] 
 notification
 ←Ĥ
; and
(c) may award a prevailing plaintiff:
(i) compensatory damages;
(ii) reasonable court costs; or
(iii) reasonable attorney fees.
(3) Notwithstanding Title 63G, Chapter 7, Governmental Immunity Act of Utah, an
institution that violates this part is not immune from suit or liability for the violation.
Section 7. Section 
53B-27-205
 is enacted to read:
 53B-27-205.
Statute of limitations.
(1) Except as provided in Subsection (3), an action under this part may not be brought
later than one year after the day on which the cause of action accrues.
(2) Each day that a violation continues after an initial violation, and each day that an
institution's policy in violation of this part remains in effect, shall constitute a continuing
violation of this part.
(3) For a continuing violation described in Subsection (2), the limitation described in
Subsection (1) shall extend to one year after the day on which the most recent violation occurs.
Legislative Review Note
Office of Legislative Research and General Counsel