Enrolled Copy H.B. 238
1 POLITICAL PARTY PUBLIC MEETING FACILITIES
2 AMENDMENTS
3 2023 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Brady Brammer
6 Senate Sponsor: Jacob L. Anderegg
7
8LONG TITLE
9General Description:
10 This bill amends the use of public meeting buildings by political parties to include
11public institutions of higher education.
12Highlighted Provisions:
13 This bill:
14 <amends the use of public meeting buildings by political parties to include public
15institutions of higher education.
16Money Appropriated in this Bill:
17 None
18Other Special Clauses:
19 None
20Utah Code Sections Affected:
21AMENDS:
22 20A-8-101, as last amended by Laws of Utah 2012, Chapter 292
23 20A-8-404, as last amended by Laws of Utah 2019, Chapter 255
24
25Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 20A-8-101 is amended to read:
27 20A-8-101. Definitions.
28 As used in this chapter:
29 (1) "Continuing political party" means an organization of voters that: H.B. 238 Enrolled Copy
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30 (a) participated in the last regular general election; and
31 (b) in at least one of the last two regular general elections, polled a total vote for any of
32its candidates for any office equal to 2% or more of the total votes cast for all candidates for the
33United States House of Representatives in the same regular general election.
34 (2) "County political party" means, for each registered political party, all of the persons
35within a single county who, under definitions established by the county political party, are
36members of the registered political party.
37 (3) "Newly registered political party" means a statewide organization of voters that has
38complied with the petition and organizing procedures of this chapter to become a registered
39political party.
40 (4) "Public institution of higher education" means the same as that term is defined in
41Section 53B-16-301.
42 [(4)] (5) "Registered political party" means an organization of voters that:
43 (a) (i) participated in the last regular general election; and
44 (ii) in at least one of the last two regular general elections, polled a total vote for any of
45its candidates for any office equal to 2% or more of the total votes cast for all candidates for the
46United States House of Representatives in the same regular general election; or
47 (b) has complied with the petition and organizing procedures of this chapter.
48 [(5)] (6) "State political party" means, for each registered political party, all of the
49persons in Utah who, under definitions established by the state political party, are members of
50the registered political party.
51 Section 2. Section 20A-8-404 is amended to read:
52 20A-8-404. Use of public meeting buildings by political parties.
53 (1) The legislative body of a county, municipality, [or] school district, or public
54institution of higher education shall make all meeting facilities in buildings under its control
55available to registered political parties, without discrimination, to be used for political party
56activities if:
57 (a) the political party requests the use of the meeting facility before 5 p.m. no later than Enrolled Copy H.B. 238
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5830 calendar days before the day on which the use by the political party will take place; and
59 (b) the meeting facility is not already scheduled for another purpose at the time of the
60proposed use.
61 (2) Subject to the requirements of Subsection (3), when a legislative body makes a
62meeting facility available under Subsection (1), it may establish terms and conditions for use of
63that meeting facility.
64 (3) The charge imposed for the use of a meeting facility described in Subsection (1) by
65a registered political party may not exceed the actual cost of:
66 (a) custodial services for cleaning the meeting facility after the use by the political
67party; and
68 (b) any service requested by the political party and provided by the meeting facility.
69 (4) An entity described in Subsection (1) shall, to the extent possible, avoid scheduling
70an event in a government building for the same evening as an announced party caucus meeting.
71 (5) This section does not apply to a publicly owned or operated convention center,
72sports arena, or other facility at which conventions, conferences, and other gatherings are held
73and whose primary business or function is to host such conventions, conferences, and other
74gatherings.