Sec 23-1326. No trespass public notice list; presumption

A. The secretary of state shall establish a no trespass public notice list identifying employers in this state who have established private property rights to their establishment and any related real property in this state.

B. To be included on the list, an employer shall provide to the secretary of state copies of appropriate documents that establish the employer's private property rights, including the address and legal description of the property to which it has legal control. An employer that records its private property rights shall pay a recording fee determined by the secretary of state.

C. If an employer provides the documents prescribed in subsection B and pays the fee, the secretary of state shall list the employer and its address on the no trespass public notice list and shall maintain a copy of the documents for public inspection.

D. Beginning January 15, 2012 and every January 15 and July 15 thereafter, the secretary of state shall:

1. Publish the no trespass public notice list at least one day a week for four consecutive weeks in a newspaper of general circulation in the county in which the employer is located. If there is no newspaper of general circulation in the county, the list shall be published in a newspaper of general circulation in an adjoining county. The secretary of state shall make the list accessible to the public in the secretary of state's office and shall publish the list on the secretary of state's website.

2. Provide a copy of the no trespass public notice list to every law enforcement agency in this state.

E. Publication of the no trespass public notice list as prescribed in subsection D establishes a presumption that all members of the public have notice of all employers and properties shown on the list.

F. Each law enforcement agency shall maintain the most recent no trespass public notice list received from the secretary of state for its use in responding to complaints of unlawful picketing, trespassory assembly or unlawful mass assembly. If a property is identified on the list, the responding peace officer may not require the employer to provide any further documentation to establish the employer's property rights before requiring any labor organization or individual or groups of individuals acting on employees' behalf that are engaged in unlawful picketing, trespassory assembly or mass picketing to leave the employer's property or cease from blocking ingress to or egress from the employer's property.

G. This section does not affect or limit any existing property rights if a property is not included on any no trespass public notice list.