NONPUBLIC FORUM REGULATION ACT

Session: 103rd General Assembly
Year: 2024
Bill #: HB5049
Category: County Authority
Position: Support
Mandate?
Revenue Loss?
Authority Preemption?

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Creates the Nonpublic Forum Regulation Act. Provides that a unit of local government or State agency may designate areas within a public building that are nonpublic forums where photography and video recording are prohibited. Provides that, if a unit of local government or State agency has designated an area as a nonpublic forum, the unit or agency must conspicuously post a sign, no smaller than 12 inches by 12 inches, indicating that the area is a nonpublic forum. Prohibits photographing or video recording in an area designated as a nonpublic forum, and provides that a person that violates the provisions is liable for a civil penalty not to exceed $100 for each day that the person takes photographs or video recordings in violation of the provisions. Provides that an official or employee of a unit of local government may refer a violation of the provisions to the State's Attorney and an official or employee of a State agency may refer a violation of the provisions to the Attorney General for prosecution of the civil penalty and collection of the fine. Provides that a State's Attorney or the Attorney General may also bring an action to seek a temporary restraining order prohibiting a person who has violated the provisions from entering an area designated as a nonpublic forum. Provides that moneys received from payment of civil penalties resulting from a violation in a unit of local government nonpublic forum shall be paid into the treasury of the unit of local government for general unit operations, and provides that moneys received from payment of civil penalties resulting from a violation in a State agency nonpublic forum shall be paid into the General Revenue Fund for general State governmental operations.



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