Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 298 Third Substitute (2017GS)

Sponsor

Rep. Thurston, N.  (Thurston’s own bill)

Final action

House/ filed 3/9/2017

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• requires that a political subdivision pass an ordinance to impose a generally applicable time, place, or manner restriction on free expression;
• requires that a political subdivision ensure that a generally or individually applicable time, place, or manner restriction on free expression:
• complies with certain constitutional requirements; and
• includes a statement regarding the constitutional justification for the restriction; and
• prohibits a political subdivision from prohibiting political activities outside a public building.

Every vote on this bill

Bill text

FREE EXPRESSION REGULATION BY LOCAL
GOVERNMENT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K Thurston
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill addresses local government regulation of free expression.
Highlighted Provisions:
This bill:
▸ requires that a political subdivision pass an ordinance to impose a generally
applicable time, place, or manner restriction on free expression;
▸ requires that a political subdivision ensure that a generally or individually applicable
time, place, or manner restriction on free expression:
• complies with certain constitutional requirements; and
• includes a statement regarding the constitutional justification for the restriction;
and
▸ prohibits a political subdivision from prohibiting political activities outside a public
building.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
11-55-101
, Utah Code Annotated 1953
11-55-102
, Utah Code Annotated 1953
11-55-103
, Utah Code Annotated 1953
11-55-104
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
11-55-101
 is enacted to read:
CHAPTER 55. FREE EXPRESSION REGULATION
BY LOCAL GOVERNMENT ACT
 11-55-101.
Title.
This chapter is known as the "Free Expression Regulation by Local Government Act."
Section 2. Section 
11-55-102
 is enacted to read:
 11-55-102.
Definitions.
As used in this chapter:
(1) "Generally applicable time, place, or manner restriction" means an ordinance,
policy, practice, or other action that:
(a) restricts or infringes on free expression;
(b) the political subdivision applies generally to any person; and
(c) is not an individually applicable time, place, or manner restriction.
(2) (a) "Individually applicable time, place, or manner restriction" means a policy,
practice, or other action that a political subdivision applies:
(i) on a case-by-case basis;
(ii) to a specifically identified person or group of persons; and
(iii) regarding a specifically identified place and time.
(b) "Individually applicable time, place, or manner restriction" includes a restriction
placed on free expression as a condition to obtain a permit.
(3) (a) "Political subdivision" means a county, city, town, or school district.
(b) "Political subdivision" does not mean a local district under Title 17B, Limited
Purpose Local Government Entities - Local Districts, or a special service district under Title
17D, Chapter 1, Special Service District Act.
(4) (a) "Public building" means a building or permanent structure that is:
(i) owned, leased, or occupied by a political subdivision or a subunit of a political
subdivision; and
(ii) used for public education or political subdivision activities.
(b) "Public building" does not mean a building owned or leased by a local government
entity when the building is used by a person, in whole or in part, for a private function.
Section 3. Section 
11-55-103
 is enacted to read:
 11-55-103.
Time, place, and manner restrictions -- Generally applicable
restrictions by ordinance.
(1) A political subdivision shall ensure that each generally applicable or individually
applicable time, place, or manner restriction on free expression:
(a) is narrowly tailored to serve an important governmental interest;
(b) is unrelated to the suppression of a particular message or the content of the
expression that the restriction addresses;
(c) leaves open ample alternative means for expression; and
(d) includes a statement explaining how the restriction meets the constitutional
requirements described in Subsections (1)(a) through (c).
(2) A political subdivision may not impose a generally applicable time, place, or
manner restriction on free expression unless the political subdivision imposes the restriction by
ordinance.
Section 4. Section 
11-55-104
 is enacted to read:
 11-55-104.
Political activity outside a public building.
(1) A political subdivision may not prohibit a political activity, including signature
gathering, outside a public building or on the grounds of a public building.
(2) A political subdivision may impose a time, place, or manner restriction on political
activities outside a public building in accordance with Section 
11-55-103
.
Legislative Review Note
Office of Legislative Research and General Counsel