Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 36 (2018GS)

Sponsor

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

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires that a political subdivision ensure that any generally or individually applicable time, place, or manner restriction on expressive activity on public grounds complies with certain constitutional requirements;
• requires that, if a political subdivision imposes a generally applicable time, place, or manner restriction on expressive activity on public grounds, the political subdivision must impose the restriction by ordinance or adopt the restriction in accordance with a general ordinance;
• prevents a political subdivision from prohibiting political activities on public grounds; and
• exempts compliance with Title 20A, Election Code, and certain property that a political subdivision owns or leases .

Every vote on this bill

Bill text

FREE EXPRESSION REGULATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K. Thurston
Senate Sponsor: 
Deidre M. Henderson
LONG TITLE
General Description:
This bill addresses local government regulation of expressive activity.
Highlighted Provisions:
This bill:
▸ requires that a political subdivision ensure that any generally or individually
applicable time, place, or manner restriction on expressive activity on public
grounds complies with certain constitutional requirements;
▸ requires that, if a political subdivision imposes a generally applicable time, place, or
manner restriction on expressive activity on public grounds, the political
subdivision must impose the restriction by ordinance or adopt the restriction in
accordance with a general ordinance;
▸ prevents a political subdivision from prohibiting political activities on public
grounds; and
▸ exempts compliance with Title 20A, Election Code, and certain property that a
political subdivision owns or leases .
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
ENACTS:
11-58-101
, Utah Code Annotated 1953
11-58-102
, Utah Code Annotated 1953
11-58-103
, Utah Code Annotated 1953
11-58-104
, Utah Code Annotated 1953
11-58-105
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
11-58-101
 is enacted to read:
CHAPTER 58. EXPRESSIVE ACTIVITY REGULATION
BY LOCAL GOVERNMENT ACT
 11-58-101.
Title.
This chapter is known as the "Expressive Activity Regulation by Local Government
Act."
Section 2. Section 
11-58-102
 is enacted to read:
 11-58-102.
Definitions.
As used in this chapter:
(1) "Expressive activity" means:
(a) peacefully assembling, protesting, or speaking;
(b) distributing literature;
(c) carrying a sign; or
(d) signature gathering or circulating a petition.
(2) "Generally applicable time, place, and manner restriction" means a content-neutral
ordinance, policy, practice, or other action that:
(a) by its clear language and intent, restricts or infringes on expressive activity;
(b) applies generally to any person; and
(c) is not an individually applicable time, place, and manner restriction.
(3) (a) "Individually applicable time, place, and manner restriction" means a
content-neutral policy, practice, or other action:
(i) that restricts or infringes on expressive activity; and
(ii) that a political subdivision applies:
(A) on a case-by-case basis;
(B) to a specifically identified person or group of persons; and
(C) regarding a specifically identified place and time.
(b) "Individually applicable time, place, and manner restriction" includes a restriction
placed on expressive activity as a condition to obtain a permit.
(4) (a) "Political subdivision" means a county, city, town, or metro township.
(b) "Political subdivision" does not mean:
(i) a local district under Title 17B, Limited Purpose Local Government Entities - Local
Districts;
(ii) a special service district under Title 17D, Chapter 1, Special Service District Act;
or
(iii) a school district under Title 53G, Chapter 3, School District Creation and Change.
(5) (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;
(ii) open to public access in whole or in part; and
(iii) used for public education or political subdivision activities.
(b) "Public building" does not mean: 
(i) a building owned or leased by a political subdivision or a subunit of a political
subdivision:
(A) that is closed to public access;
(B) where state or federal law restricts expressive activity; or
(C) when the building is used by a person, in whole or in part, for a private function; or
(ii) a public school.
(6) (a) "Public grounds" means the area outside a public building that is a traditional
public forum where members of the public may safely gather to engage in expressive activity.
(b) "Public grounds" includes sidewalks, streets, and parks.
(c) "Public grounds" does not include the interior of a public building.
Section 3. Section 
11-58-103
 is enacted to read:
 11-58-103.
Exceptions.
This chapter does not apply to:
(1) a restriction on expressive activity on public grounds that a political subdivision 
imposes in order to comply with Title 20A, Election Code;
(2) property that a political subdivision owns or leases: 
(a) that is closed to public access; or
(b) where state or federal law restricts expressive activity; or
(3) a limited or nonpublic forum.
Section 4. Section 
11-58-104
 is enacted to read:
 11-58-104.
Time, place, and manner restrictions -- Generally applicable
restrictions by ordinance.
(1) If a political subdivision imposes a generally applicable or individually applicable
time, place, and manner restriction on expressive activity on public grounds, the political
subdivision shall ensure that the restriction:
(a) is narrowly tailored to serve an important governmental interest , including public
access to the public building, public safety, and protection of public property ;
(b) is unrelated to the suppression of a particular message or the content of the
expressive activity that the restriction addresses; and
(c) leaves open reasonable alternative means for the expressive activity.
(2) A political subdivision may not impose a generally applicable time, place, and
manner restriction on expressive activity on public grounds unless the political subdivision:
(a) imposes the restriction by ordinance; or
(b) (i) adopts an ordinance to guide the adoption, by policy or practice, of restrictions
on expressive activity on public grounds; and
(ii) adopts, by policy or practice, the restriction in accordance with the ordinance
described in Subsection (2)(b)(i) and with the constitutional safeguards described in Subsection
(1).
Section 5. Section 
11-58-105
 is enacted to read:
 11-58-105.
Political activity outside a public building.
(1) Except as provided in Section 
11-58-103
 and Subsection (2), a political subdivision
may not prohibit a political activity, including signature gathering or petition circulation, on
public grounds.
(2) A political subdivision may impose a time, place, and manner restriction on
political activities outside a public building in accordance with Section 
11-58-104
.
Section 6. 
Effective date.
This bill takes effect on May 14, 2019.