Utah 2025 Regular Session

Utah House Bill HB0292 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	02-~~18 16~~:02 1st Sub. (Buff) H.B. 292
	1	+	02-07 12:29 1st Sub. (Buff) H.B. 292
2	2		Jordan D. Teuscher proposes the following substitute bill:
3	3		1
4	4		Political Signs Amendments
5	5		2025 GENERAL SESSION
6	6		STATE OF UTAH
7	7		Chief Sponsor: Jordan D. Teuscher
8		-	Senate Sponsor: ~~Evan J. Vickers~~
	8	+	Senate Sponsor:
9	9		2
10	10
11	11		3
12	12		LONG TITLE
13	13		4
14	14		General Description:
15	15		5
16	16		This bill amends provisions related to political signs.
17	17		6
18	18		Highlighted Provisions:
19	19		7
20	20		This bill:
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22	22		▸ defines a term;
23	23		9
24	24		▸ for a political advertisement that is required to disclose certain campaign finance
25	25		10
26	26		information, reduces the size dimensions of a lawn sign that is exempt from the
27	27		11
28	28		disclosure requirement;
29	29		12
30	30		▸ prohibits a person from:
31	31		13
32	32		● attaching a political sign to a utility pole, light pole, an electric utility box, or any road
33	33		14
34	34		sign; or
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36	36		● affixing an object to a political sign to block, conceal, or misrepresent the message or
37	37		16
38	38		image on a political sign;
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40	40		▸ creates a criminal offense for a person who engages in the conduct described above;
41	41		18
42	42		▸ creates an exception to the criminal offense described above for a government employee
43	43		19
44	44		who removes a political sign in accordance with the government employee's duties;
45	45		20
46	46		▸ specifies that a person does not commit a criminal offense related to a political sign if the
47	47		21
48	48		person:
49	49		22
50	50		● removes an object described above;
51	51		23
52	52		● removes a lawn sign described above; or
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54	54		● removes a political sign attached to a utility pole, light pole, an electric utility box, or
55	55		25
56	56		road sign; and
57	57		26
58	58		▸ makes technical and conforming changes.
59	59		27
60	60		Money Appropriated in this Bill:
61	61		28
62	62		None
63		-	1st Sub. H.B. 292 1st Sub. (Buff) H.B. 292 02-~~18 16~~:02
	63	+	1st Sub. H.B. 292 1st Sub. (Buff) H.B. 292 02-07 12:29
64	64		29
65	65		Other Special Clauses:
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67	67		None
68	68		31
69	69		Utah Code Sections Affected:
70	70		32
71	71		AMENDS:
72	72		33
73	73		20A-11-901, as last amended by Laws of Utah 2022, Chapter 18
74	74		34
75	75		20A-17-102, as enacted by Laws of Utah 2014, Chapter 238
76	76		35
77	77		20A-17-103, as last amended by Laws of Utah 2023, Chapter 15
78	78		36
79	79
80	80		37
81	81		Be it enacted by the Legislature of the state of Utah:
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83	83		Section 1. Section 20A-11-901 is amended to read:
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85	85		20A-11-901 . Political advertisements -- Requirement that ads designate
86	86		40
87	87		responsibility and authorization -- Report to lieutenant governor -- Unauthorized use of
88	88		41
89	89		endorsements.
90	90		42
91	91		(1)[(a)] Whenever any person makes an expenditure for the purpose of financing an
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93	93		advertisement expressly advocating for the election or defeat of a clearly identified
94	94		44
95	95		candidate, or solicits any contribution through any broadcasting station, newspaper,
96	96		45
97	97		magazine, outdoor advertising facility, direct mailing, or any other type of general
98	98		46
99	99		public political advertising, the advertisement:
100	100		47
101	101		[(i)] (a) if paid for and authorized by a candidate or the candidate's campaign committee,
102	102		48
103	103		shall clearly state that the advertisement has been paid for by the candidate or the
104	104		49
105	105		campaign committee;
106	106		50
107	107		[(ii)] (b) if paid for by another person but authorized by a candidate or the candidate's
108	108		51
109	109		campaign committee, shall clearly state who paid for the advertisement and that the
110	110		52
111	111		candidate or the campaign committee authorized the advertisement; or
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113	113		[(iii)] (c) if not authorized by a candidate or a candidate's campaign committee, shall
114	114		54
115	115		clearly state the name of the person who paid for the advertisement and state that the
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117	117		advertisement is not authorized by any candidate or candidate's committee.
118	118		56
119	119		(2)(a) A person that makes an expenditure for the purpose of financing an advertisement
120	120		57
121	121		related to a ballot proposition shall ensure that the advertisement complies with
122	122		58
123	123		Subsection (2)(b) if the advertisement expressly advocates:
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125	125		(i) for placing a ballot proposition on the ballot;
126	126		60
127	127		(ii) for keeping a ballot proposition off the ballot;
128	128		61
129	129		(iii) that a voter refrain from voting on a ballot proposition; or
130	130		62
131	131		(iv) that a voter vote for or against a ballot proposition.
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	132	+	- 2 - 02-07 12:29 1st Sub. (Buff) H.B. 292
133	133		63
134	134		(b) An advertisement described in Subsection (2)(a) shall:
135	135		64
136	136		(i) if paid for by a political issues committee, clearly state that the advertisement was
137	137		65
138	138		paid for by the political issues committee;
139	139		66
140	140		(ii) if paid for by another person but authorized by a political issues committee,
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142	142		clearly state who paid for the advertisement and that the political issues committee
143	143		68
144	144		authorized the advertisement; or
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146	146		(iii) if not authorized by a political issues committee, clearly state the name of the
147	147		70
148	148		person who paid for the advertisement and state that the advertisement is not
149	149		71
150	150		authorized by any political issues committee.
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152	152		(3) The requirements of Subsections (1) and (2) do not apply to:
153	153		73
154	154		(a) lawn signs with dimensions of [four by eight feet] 24 by 18 inches or smaller;
155	155		74
156	156		(b) bumper stickers;
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158	158		(c) campaign pins, buttons, and pens; or
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160	160		(d) similar small items upon which the disclaimer cannot be conveniently printed.
161	161		77
162	162		(4)(a) A person who is not a reporting entity and pays for an electioneering
163	163		78
164	164		communication shall file a report with the lieutenant governor within 24 hours of
165	165		79
166	166		making the payment or entering into a contract to make the payment.
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168	168		(b) The report shall include:
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170	170		(i) the name and address of the person described in Subsection (4)(a);
171	171		82
172	172		(ii) the name and address of each person contributing at least $100 to the person
173	173		83
174	174		described in Subsection (4)(a) for the purpose of disseminating the electioneering
175	175		84
176	176		communication;
177	177		85
178	178		(iii) the amount spent on the electioneering communication;
179	179		86
180	180		(iv) the name of the identified referenced candidate; and
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182	182		(v) the medium used to disseminate the electioneering communication.
183	183		88
184	184		(5) A person may not, in order to promote the success of any candidate for nomination or
185	185		89
186	186		election to any public office, or in connection with any question submitted to the voters,
187	187		90
188	188		include or cause to be included the name of any person as endorser or supporter in any
189	189		91
190	190		political advertisement, circular, poster, or publication without the express consent of
191	191		92
192	192		that person.
193	193		93
194	194		(6)(a) It is unlawful for a person to pay the owner, editor, publisher, or agent of any
195	195		94
196	196		newspaper or other periodical to induce the owner, editor, publisher, or agent to
197	197		95
198	198		advocate or oppose editorially any candidate for nomination or election.
199	199		96
200	200		(b) It is unlawful for any owner, editor, publisher, or agent to accept any payment to
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	201	+	- 3 - 1st Sub. (Buff) H.B. 292 02-07 12:29
202	202		97
203	203		advocate or oppose editorially any candidate for nomination or election.
204	204		98
205	205		Section 2. Section 20A-17-102 is amended to read:
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207	207		20A-17-102 . Political signs.
208	208		100
209	209		[(1) Except as provided in Subsection (2), a person is guilty of a class B misdemeanor if the
210	210		101
211	211		person knowingly removes, alters, defaces, or otherwise vandalizes a sign:]
212	212		102
213	213		[(a) advocating the election or defeat of a candidate for public office; or]
214	214		103
215	215		[(b) advocating the approval or defeat of a ballot proposition.]
216	216		104
217	217		(1) As used in this section, "political sign" means any sign or document that advocates:
218	218		105
219	219		(a) the election or defeat of a candidate for public office; or
220	220		106
221	221		(b) the approval or defeat of a ballot proposition.
222	222		107
223	223		(2) Except as provided in Subsection (4), a person is guilty of a class B misdemeanor if the
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225	225		person knowingly:
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227	227		(a) removes, alters, defaces, or otherwise vandalizes a political sign; or
228	228		110
229	229		(b) attaches or affixes any object to a political sign, including another political sign, and
230	230		111
231	231		the object:
232	232		112
233	233		(i) hides, blocks, obscures, or otherwise substantially conceals from view the
234	234		113
235	235		message or image on the political sign; or
236	236		114
237	237		(ii) changes or misrepresents the intent of the message on the political sign.
238	238		115
239		-	(3) Except as provided in Subsection (4), a person is guilty of Ĥ→ [a class C misdemeanor]
240		-	115a
241		-	an infraction ←Ĥ if the
	239	+	(3) Except as provided in Subsection (4), a person is guilty of a class C misdemeanor if the
242	240		116
243	241		person knowingly attaches or affixes a political sign to a utility pole, light pole, an
244	242		117
245	243		electric utility box, or any road sign.
246	244		118
247	245		[(2)] (4)(a) A person is not guilty of a violation of Subsection [(1)] (2) if the person who
248	246		119
249	247		engages in the conduct described in Subsection [(1)] (2) is:
250	248		120
251	249		[(a)] (i) as it relates to a political sign described in Subsection (1)(a), the candidate
252	250		121
253	251		who placed the political sign, the candidate who directed the placement of the
254	252		122
255	253		political sign, or an agent of the candidate;
256	254		123
257	255		[(b)] (ii) as it relates to a political sign described in Subsection (1)(b), the person who
258	256		124
259	257		placed the political sign, the person who directed the placement of the political
260	258		125
261	259		sign, or an agent of either;
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263	261		[(c)] (iii) a property owner of property or a right of way adjacent to the property on
264	262		127
265	263		which the political sign is placed, or the property owner's agent; or
266	264		128
267	265		[(d)] (iv) a public official [who removes the sign in accordance with an official duty
268	266		129
269	267		of the public official] or government employee who removes the political sign in
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271	268		130
272	269		accordance with the duties of the public official or government employee.
	270	+	- 4 - 02-07 12:29 1st Sub. (Buff) H.B. 292
273	271		131
274	272		(b) Notwithstanding Subsections (2) and (3), any person may:
275	273		132
276	274		(i) remove a political sign that is a lawn sign described in Subsection
277	275		133
278	276		20A-11-901(3)(a);
279	277		134
280	278		(ii) in response to another person engaging in the conduct described in Subsection
281	279		135
282	280		(2)(b), remove the object that is attached or affixed to the political sign; or
283	281		136
284	282		(iii) in response to another person engaging in the conduct described in Subsection (3),
285	283		137
286	284		remove the political sign that is attached or affixed to a utility pole, light pole, an
287	285		138
288	286		electric utility box, or a road sign.
289	287		139
290	288		Section 3. Section 20A-17-103 is amended to read:
291	289		140
292	290		20A-17-103 . Posting political signs on public property.
293	291		141
294	292		(1) As used in this section:
295	293		142
296	294		(a) "Local government entity" means:
297	295		143
298	296		(i) a county, municipality, or other political subdivision;
299	297		144
300	298		(ii) a special district, as defined in Section 17B-1-102;
301	299		145
302	300		(iii) a special service district, as defined in Section 17D-1-102;
303	301		146
304	302		(iv) a local building authority, as defined in Section 17D-2-102;
305	303		147
306	304		(v) a conservation district, as defined in Section 17D-3-102;
307	305		148
308	306		(vi) an independent entity, as defined in Section 63E-1-102;
309	307		149
310	308		(vii) a public corporation, as defined in Section 63E-1-102;
311	309		150
312	310		(viii) a public transit district, organized under Title 17B, Chapter 2a, Part 8, Public
313	311		151
314	312		Transit District Act;
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316	314		(ix) a school district;
317	315		153
318	316		(x) a public school, including a charter school or other publicly funded school;
319	317		154
320	318		(xi) a state institution of higher education;
321	319		155
322	320		(xii) an entity that expends public funds; and
323	321		156
324	322		(xiii) each office, agency, or other division of an entity described in Subsections
325	323		157
326	324		(1)(a)(i) through (xii).
327	325		158
328	326		(b) "Political sign" means the same as that term is defined in Section 20A-17-102.
329	327		159
330	328		[(b) "Political sign" means any sign or document that advocates:]
331	329		160
332	330		[(i) the election or defeat of a candidate for public office; or]
333	331		161
334	332		[(ii) the approval or defeat of a ballot proposition.]
335	333		162
336	334		(c)(i) "Public property" means any real property, building, or structure owned or
337	335		163
338	336		leased by a local government entity.
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340	337		164
341	338		(ii) "Public property" does not include any real property, building, or structure during
	339	+	- 5 - 1st Sub. (Buff) H.B. 292 02-07 12:29
342	340		165
343	341		a period of time that the real property, building, or structure is rented out by a
344	342		166
345	343		government entity to a private party for a meeting, convention, or similar event.
346	344		167
347	345		(2) A local government entity, a local government officer, a local government employee, or
348	346		168
349	347		another person with authority or control over public property that posts or permits a
350	348		169
351	349		person to post a political sign on public property:
352	350		170
353	351		(a) shall permit any other person to post a political sign on the public property, subject to
354	352		171
355	353		the same requirements and restrictions imposed on all other political signs permitted
356	354		172
357	355		to be posted on the public property; and
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359	357		(b) may not impose a requirement or restriction on the posting of a political sign if the
360	358		174
361	359		requirement or restriction is not politically neutral and content neutral.
362	360		175
363	361		Section 4. Effective Date.
364	362		176
365	363		This bill takes effect on May 7, 2025.
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