Representative Norman K Thurston proposes the following substitute bill:




Chief Sponsor: Norman K Thurston

Senate Sponsor: Deidre M. Henderson


8     General Description:
9          This bill addresses local government regulation of expressive activity.
10     Highlighted Provisions:
11          This bill:
12          ▸      requires that a political subdivision ensure that any generally or individually
13     applicable time, place, or manner restriction on expressive activity on public
14     grounds complies with certain constitutional requirements;
15          ▸     requires that, if a political subdivision imposes a generally applicable time, place, or
16     manner restriction on expressive activity on public grounds, the political
17     subdivision must impose the restriction by ordinance or adopt the restriction in
18     accordance with a general ordinance;
19          ▸     prevents a political subdivision from prohibiting political activities on public
20     grounds; and
21          ▸     exempts compliance with Title 20A, Election Code, and certain property that a
22     political subdivision owns or leases .
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:

26          This bill provides a special effective date.
27     Utah Code Sections Affected:
28     ENACTS:
29          11-55-101, Utah Code Annotated 1953
30          11-55-102, Utah Code Annotated 1953
31          11-55-103, Utah Code Annotated 1953
32          11-55-104, Utah Code Annotated 1953
33          11-55-105, Utah Code Annotated 1953

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 11-55-101 is enacted to read:


39          11-55-101. Title.
40          This chapter is known as the "Expressive Activity Regulation by Local Government
41     Act."
42          Section 2. Section 11-55-102 is enacted to read:
43          11-55-102. Definitions.
44          As used in this chapter:
45          (1) "Expressive activity" means:
46          (a) peacefully assembling, protesting, or speaking;
47          (b) distributing literature;
48          (c) carrying a sign; or
49          (d) signature gathering circulating a petition.
50          (2) "Generally applicable time, place, and manner restriction" means a content-neutral
51     ordinance, policy, practice, or other action that:
52          (a) by its clear language and intent, restricts or infringes on expressive activity;
53          (b) applies generally to any person; and
54          (c) is not an individually applicable time, place, and manner restriction.
55          (3) (a) "Individually applicable time, place, and manner restriction" means a
56     content-neutral policy, practice, or other action:

57          (i) that restricts or infringes on expressive activity; and
58          (ii) that a political subdivision applies:
59          (A) on a case-by-case basis;
60          (B) to a specifically identified person or group of persons; and
61          (C) regarding a specifically identified place and time.
62          (b) "Individually applicable time, place, and manner restriction" includes a restriction
63     placed on expressive activity as a condition to obtain a permit.
64          (4) (a) "Political subdivision" means a county, city, town, or metro township.
65          (b) "Political subdivision" does not mean a local district under Title 17B, Limited
66     Purpose Local Government Entities - Local Districts, or a special service district under Title
67     17D, Chapter 1, Special Service District Act.
68          (5) (a) "Public building" means a building or permanent structure that is:
69          (i) owned, leased, or occupied by a political subdivision or a subunit of a political
70     subdivision;
71          (ii) open to public access in whole or in part; and
72          (iii) used for public education or political subdivision activities.
73          (b) "Public building" does not mean a building owned or leased by a political
74     subdivision or a subunit of a political subdivision:
75          (i) that is closed to public access;
76          (ii) where state or federal law restricts expressive activity; or
77          (iii) when the building is used by a person, in whole or in part, for a private function.
78          (6) (a) "Public grounds" means the area outside a public building that is a traditional
79     public forum where members of the public may safely gather to engage in expressive activity.
80          (b) "Public grounds" includes sidewalks, streets, and parks.
81          (c) "Public grounds" does not include the interior of a public building.
82          Section 3. Section 11-55-103 is enacted to read:
83          11-55-103. Exceptions.
84          This chapter does not apply to:
85          (1) a restriction on expressive activity on public grounds that a political subdivision
86     imposes in order to comply with Title 20A, Election Code; or
87          (2) property that a political subdivision owns or leases:

88          (a) that is closed to public access; or
89          (b) where state or federal law restricts expressive activity; or
90          (3) a limited or nonpublic forum.
91          Section 4. Section 11-55-104 is enacted to read:
92          11-55-104. Time, place, and manner restrictions -- Generally applicable
93     restrictions by ordinance.
94          (1) If a political subdivision imposes a generally applicable or individually applicable
95     time, place, and manner restriction on expressive activity on public grounds, the political
96     subdivision shall ensure that the restriction:
97          (a) is narrowly tailored to serve an important governmental interest , including public
98     access to the public building, public safety, and protection of public property ;
99          (b) is unrelated to the suppression of a particular message or the content of the
100     expressive activity that the restriction addresses; and
101          (c) leaves open reasonable alternative means for the expressive activity.
102          (2) A political subdivision may not impose a generally applicable time, place, and
103     manner restriction on expressive activity on public grounds unless the political subdivision:
104          (a) imposes the restriction by ordinance; or
105          (b) (i) adopts an ordinance to guide the adoption, by policy or practice, of restrictions
106     on expressive activity on public grounds; and
107          (ii) adopts, by policy or practice, the restriction in accordance with the ordinance
108     described in Subsection (2)(b)(i) and with the constitutional safeguards described in Subsection
109     (1).
110          Section 5. Section 11-55-105 is enacted to read:
111          11-55-105. Political activity outside a public building.
112          (1) Except as provided in Section 11-55-103 and Subsection (2), a political subdivision
113     may not prohibit a political activity, including signature gathering or petition circulation, on
114     public grounds.
115          (2) A political subdivision may impose a time, place, and manner restriction on
116     political activities outside a public building in accordance with Section 11-55-104.
117          Section 6. Effective date.
118          This bill takes effect on May 8, 2018.