Bill Summary – FastDemocracy

 SB278
 208735-2
 By Senator Melson (N & P)
 RFD: Local Legislation
 First Read: 02-MAR-21
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  SB278
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                      With Notice and Proof
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  ENROLLED, An Act,
            Relating to Limestone County; to provide for public
  and nonpublic forums; and to authorize the requirement of a
  permit and fee under certain conditions.
 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
           Section 1. (a) As used in this section, the
 following terms shall have the following meanings:
           (1) DESIGNATED PUBLIC FORUM. Public property that is
 not by tradition a forum for expressive activity, which a
 municipality has opened, temporarily or otherwise, for use by
 the general public as a place for expressive activity.
           (2) EXPRESSIVE ACTIVITY. All forms of non-commercial
 expression that are protected by the First Amendment to the
 U.S. Constitution, including peaceful assemblies, speeches,
 protests, picketing, leafleting, circulating petitions,
 distributing literature, and similar expressive communications
 and activities.
           (3) LIMITED PUBLIC FORUM. A designated public forum
 that is limited for use by certain types of groups or for
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  discussion of certain subjects, or limited in another manner,
  but not limited based on viewpoint.
               (4) MUNICIPALITY. A municipality that is located
  wholly or partially within Limestone County.
               (5) NONPUBLIC FORUM. Public property that is not by
  tradition or designation a forum for public communication.
               (6) PUBLIC FORUM. A place which by tradition or by
  government designation has been devoted to expressive
  activity. The term includes, but is not limited to, public
 streets, parks, and sidewalks.
              (b)(1) A municipality, by ordinance, may classify
 the territory within its corporate limits into public or
 nonpublic forums and, from time to time, may rearrange or
 alter the division of the public and nonpublic forums as
 necessary.
              (2) Each municipality, from time to time, may
 classify territory, which would otherwise be classified as a
 nonpublic forum, as a designated public forum or limited
 public forum; provided, restrictions on speech within the
 designated area must be reasonable and viewpoint-neutral.
              (c) Within a public forum, a municipality may
 enforce reasonable regulations that apply to all speech which
 are content-neutral with regard to time, place, and manner of
 expression.
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               (d) Territory within a municipality that is
  classified as a nonpublic forum may not be used by the general
  public as a forum for expressive activity except as provided
  in subdivision (b)(2).
               (e) A municipality may require a person to obtain a
  permit for the use of a public forum under any of the
  following conditions:
               (1) The use of the forum will require blocking
  traffic or the closure of a public street.
              (2) The use of the forum will require the use of a
 sound amplifying device.
              (3) The use of the forum will involve more than a
 certain number of individuals participating, as established by
 the municipality by ordinance.
              (4) The use of the forum will create other traffic
 control or public safety issues requiring the presence of law
 enforcement officers or other municipal officials.
              (f) A municipality may require an applicant for a
 permit issued under subsection (e) to pay an application fee.
 The application fee may consist of any or all of the
 following:
              (1) A security deposit for the actual cost of clean
 up.
              (2) A charge to cover the actual cost of the use of
 law enforcement officers.
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           (3) A charge to cover any other actual
 administrative cost incurred by the municipality.
           Section 2. This act shall become effective on the
 first day of the third month following its passage and
 approval by the Governor, or its otherwise becoming law.
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            President and Presiding Officer of the Senate
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               Speaker of the House of Representatives
 SB278
 Senate 20-APR-21
 I hereby certify that the within Act originated in and passed
 the Senate.
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                               Patrick Harris,
                               Secretary.
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 House of Representatives
 Passed: 17-MAY-21
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 By: Senator Melson
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