Bill Text: AZ HB2548 | 2016 | Fifty-second Legislature 2nd Regular | Chaptered
Bill Title: Public forums; activities; postsecondary campuses
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-05-16 - Chapter 249 [HB2548 Detail]
Download: Arizona-2016-HB2548-Chaptered.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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CHAPTER 249
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HOUSE BILL 2548 |
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AN ACT
amending sections 13‑2906, 15-1861 and 15-1864, Arizona Revised Statutes; relating to public assembly.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-2906, Arizona Revised Statutes, is amended to read:
13-2906. Obstructing a highway or other public thoroughfare; classification; definition
A. A person commits obstructing a highway or other
public thoroughfare if the person, alone or with other persons, does either any of the following:
1. Having no legal privilege to do so, recklessly interferes with the passage of any highway or public thoroughfare by creating an unreasonable inconvenience or hazard.
2. Intentionally activates a pedestrian signal on a highway or public thoroughfare if the person's reason for activating the signal is not to cross the highway or public thoroughfare but to do both of the following:
(a) Stop the passage of traffic on the highway or public thoroughfare.
(b) Solicit a driver for a donation or business.
3. After receiving a verbal warning to desist, intentionally interferes with passage on a highway or other public thoroughfare or entrance into a public forum that results in preventing other persons from gaining access to a governmental meeting, a governmental hearing or a political campaign event.
B. Obstructing a highway or other public thoroughfare under subsection A, paragraph 3 of this section is a class 1 misdemeanor. Obstructing a highway or other public thoroughfare under subsection A, paragraph 1 or 2 of this section is a class 3 misdemeanor.
C. For the purposes of this section, "public forum" has the same meaning prescribed in section 15‑1861.
Sec. 2. Section 15-1861, Arizona Revised Statutes, is amended to read:
15-1861. Definitions
In this article, unless the context otherwise requires:
1. "Community college" has the same meaning prescribed in section 15‑1401.
2. "Public forum" includes both a traditional public forum, which is any open, outdoor area on the campus of a university or community college, and a designated public forum, which is any facilities, buildings facility, building or parts part of buildings a building that the university or community college has opened to students or student organizations for expression.
3. "University" means a university under the jurisdiction of the Arizona board of regents.
Sec. 3. Section 15-1864, Arizona Revised Statutes, is amended to read:
15-1864. Students' right to speak in a public forum; court actions
A. A university or community college shall not restrict a student's right to speak, including verbal speech, holding a sign or distributing fliers or other materials, in a public forum.
B. A university or community college may restrict a student's speech in a public forum only if it demonstrates that application of the burden to the student is both:
1. In furtherance of a compelling governmental interest.
2. The least restrictive means of furthering that compelling governmental interest.
C. THE FOLLOWING PERSONS MAY BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION TO ENJOIN ANY VIOLATION OF THIS SECTION OR TO RECOVER REASONABLE COURT COSTS AND reasonable ATTORNEY FEES:
1. THE ATTORNEY GENERAL.
2. A student WHOSE expressive RIGHTS WERE VIOLATED BY A VIOLATION OF THIS SECTION.
D. IN AN ACTION BROUGHT UNDER SUBSECTION C OF THIS SECTION, IF THE COURT FINDS THAT A VIOLATION OF THIS SECTION OCCURRED, THE COURT SHALL AWARD THE AGGRIEVED PERSON injunctive relief FOR THE VIOLATION and shall award reasonable court costs and reasonable attorney fees.
E. A PERSON SHALL BRING AN ACTION FOR A VIOLATION OF THIS SECTION WITHIN ONE YEAR AFTER THE DATE THE CAUSE OF ACTION ACCRUES. FOR THE PURPOSE OF CALCULATING THE ONE-YEAR LIMITATION PERIOD, EACH DAY THAT THE VIOLATION PERSISTS OR EACH DAY THAT A POLICY IN VIOLATION OF THIS SECTION REMAINS IN EFFECT CONSTITUTES A NEW VIOLATION OF THIS SECTION AND SHALL BE CONSIDERED A DAY THAT THE CAUSE OF ACTION HAS ACCRUED.
APPROVED BY THE GOVERNOR MAY 16, 2016.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 16, 2016.
