HB 1561-FN - AS INTRODUCED
2016 SESSION
\t16-2128
\t04/10
HOUSE BILL\t1561-FN
AN ACT\trelative to freedom of expression on college campuses.
SPONSORS:\tRep. Edelblut, Hills. 38; Rep. L. Turcotte, Straf. 4
COMMITTEE:\tEducation
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ANALYSIS
\tThis bill relates to freedom of expression on university system of New Hampshire and community college system of New Hampshire campuses.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2128
\t04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to freedom of expression on college campuses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Section; University System of New Hampshire; Free Expression on University System of New Hampshire Campuses. Amend RSA 187-A by inserting after section 2-c the following new section:
\t187-A:2-d Free Expression on University System of New Hampshire Campuses.
\t\tI. The outdoor areas of the campuses of the component institutions of the university system of New Hampshire shall be deemed public forums. A component institution of the university system of New Hampshire may maintain and enforce reasonable time, place, and manner restrictions in service of a significant institutional interest only when such restrictions employ clear, published, content and viewpoint-neutral criteria, and provide for ample alternative means of expression. Any such restrictions shall also permit spontaneous and contemporaneous assembly.
\t\tII. Expressive activities protected under this section include, but are not limited to, all forms of peaceful assembly, protests, speeches, distribution of literature, carrying signs, and circulating petitions.
\t\tIII. Any person who wishes to engage in noncommercial expressive activity on a component institution of the university system of New Hampshire may do so freely, provided the person's conduct is not unlawful and does not materially and substantially disrupt the functioning of the component institution.
\t\tIV. Nothing in this section shall be interpreted to limit the right of student expression elsewhere on campus.
\t\tV.(a) The attorney general or a person whose expressive rights were violated through the violation of this section may bring an action in a court of competent jurisdiction to enjoin any violation of this section. Such actions may include claims for compensatory damages, reasonable court costs, and attorney fees.
\t\t\t(b) If the court finds that a violation of this section has occurred, the court shall award the aggrieved person not less than $500 for the initial violation, plus $50 for each day the violation persists.
\t\tVI. An aggrieved person shall initiate an action for violation of this section not later than one year from the accrual of the cause of action. For purposes of calculating the one-year limitation period, each day that the violation persists, and each day that a policy in violation of this section remains in effect, shall constitute a new violation of this section and, therefore, a new day that the cause of action has accrued.
\t2 New Section; Community College System of New Hampshire; Free Expression on Community College System of New Hampshire Campuses. Amend RSA 188-F by inserting after section 21-a the following new section:
\t188-F:21-b Free Expression on Community College System of New Hampshire Campuses.
\t\tI. The outdoor areas of the institutions of the community college system of New Hampshire shall be deemed public forums. An institution of the community college system of New Hampshire may maintain and enforce reasonable time, place, and manner restrictions in service of a significant institutional interest only when such restrictions employ clear, published, content and viewpoint-neutral criteria, and provide for ample alternative means of expression. Any such restrictions shall also permit spontaneous and contemporaneous assembly.
\t\tII. Expressive activities protected under this section include, but are not limited to, all forms of peaceful assembly, protests, speeches, distribution of literature, carrying signs, and circulating petitions.
\t\tIII. Any person who wishes to engage in noncommercial expressive activity at an institution of the community college system of New Hampshire may do so freely, provided the person's conduct is not unlawful and does not materially and substantially disrupt the functioning of the component institution.
\t\tIV. Nothing in this section shall be interpreted to limit the right of student expression elsewhere on campus.
\t\tV.(a) The attorney general or a person whose expressive rights were violated through the violation of this section may bring an action in a court of competent jurisdiction to enjoin any violation of this section. Such actions may include claims for compensatory damages, reasonable court costs, and attorney fees.
\t\t\t(b) If the court finds that a violation of this section has occurred, the court shall award the aggrieved person not less than $500 for the initial violation, plus $50 for each day the violation persists.
\t\tVI. An aggrieved person shall initiate an action for violation of this section not later than one year from the accrual of the cause of action. For purposes of calculating the one-year limitation period, each day that the violation persists, and each day that a policy in violation of this section remains in effect, shall constitute a new violation of this section and, therefore, a new day that the cause of action has accrued.
\t3 Effective Date. This act shall take effect 60 days after its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2128
\t\t\t\t\t\t\t\t\t\t\t11/25/15
HB 1561-FN- FISCAL NOTE
AN ACT\trelative to freedom of expression on college campuses.
FISCAL IMPACT:
The University System of New Hampshire, Community College System of New Hampshire, Judicial Branch, and Department of Justice state this bill, as introduced, may increase state expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no impact on state, county, and local revenues or county and local expenditures.
METHODOLOGY:
The University System of New Hampshire states this bill relates to freedom of expression on its campuses and would affect its current permitting system, which may increase expenditures in multiple areas. First, the System states as this bill permits “spontaneous and contemporaneous” demonstration, its overall public safety infrastructure would need to anticipate for such occurrences, which would require additional resources including additional officers. Additionally, the System states this bill may result in an overall increase in expenditures related to legal exposure and expense, and potential maintenance costs in the absence of its current permitting process.
The Community College System of New Hampshire states this bill would likely lead to an indeterminable increase in expenses in the areas of campus security and maintenance. In addition, the System states it may incur increased legal costs relative to the provisions in this bill.
The Judicial Branch states provisions included in this bill may result in actions for injunctive relief to enjoin violations or civil damage actions filed in superior court. While the Branch is unable to predict how many cases may come forward it has provided the average cost per said case types. An average complex equity case in superior court will be $717 in FY 2017 and $740 in FY 2018 and an average complex civil case in superior court will be $724 in FY 2017 and $756 in FY 2018. Appeals would result in additional costs.
The Department of Justice states this bill grants the Attorney General authority to initiate litigation to enjoin any violation in the sections established. The Department states it is unable to predict how many actions may be referred and therefore is unable to estimate this bill’s fiscal impact.