Utah lawmaker proposes rules for universities she says might have ‘prevented disaster’ with Charlie Kirk

Sen. Kathleen Riebe believes that if there were processes in place before conservative commentator Charlie Kirk was killed, they could have “prevented a disaster.” She wants the state’s public colleges to be required to do basic security assessments ahead of large events.

There currently is nothing in Utah law directing that kind of preparation or review of threats, even for speakers known to be contentious.

“It saddens me,” the Democrat representing Cottonwood Heights said, to think about what the result might’ve been “if this was in place sooner.”

Her bill, SB95, is set to be debated during the legislative session that started Tuesday. It is one of the first to be made public that was spurred, at least in part, by Kirk’s death at Utah Valley University on Sept. 10.

Riebe said she was also prompted by tragedies at other major events in Utah, including the accidental shooting death of a bystander at a “No Kings” rally this summer after a safety volunteer reacted to seeing another man carrying a rifle. The senator also described personally facing threats after speaking at a Planned Parenthood event. Her concern, she said, has continued to grow.

“One of the responses on social media was: ‘Why am I gonna go out and attack people randomly when I can just attack a whole bunch of people that are gathered for something I don’t like?’” Riebe recalled about the Planned Parenthood event. “That was really alarming.”

The senator added: “I just recognize how dangerous it is for us to have these things happening at our universities. … There should be some guidelines here.”

The measure spells out specific steps Utah’s eight public colleges and universities would need to take ahead of holding a major event.

It would also add significant requirements for an outside organization wanting to use campus space, such as when Kirk appeared at UVU with the group he founded, Turning Point USA.

Any outside group would be required to have insurance coverage to cover any costs for property damage or personal injury claims if a disruption or attack occurs — instead of the state being liable. And they could be asked to contribute to security costs, up to $50,000, that a university assumes for providing policing for an event.

The Utah System of Higher Education, or USHE, has also convened a campus security task force to study what could be done better at the state’s public colleges and universities after the Kirk shooting. And UVU has commissioned an independent review, expected to be completed this spring, to look into what went wrong.

Riebe said USHE officials told her they were already considering threat assessments, but the insurance part is particularly important to her. And she intends to keep the bill file open until she sees more from USHE.

USHE Commissioner Geoff Landward said he is grateful to Riebe and other legislators who are “focused on campus safety and willing to engage on meaningful solutions.” He also mentioned the task force and said he hopes its recommendations will “be the basis for thoughtful, effective legislation moving forward.”

Riebe said she would consider shifting SB95 to position the state to possibly sue Turning Point USA for not providing more security for the event. Staff at the organization have spoken openly about how they knew Kirk’s events were getting more and more risky, but that Kirk wanted to continue with his preferred format for an open mic in a public courtyard, as was the setup at UVU.

“This shouldn’t be the money our state is spending for the lack of responsibility Kirk was taking,” Riebe said.

Turning Point USA has previously said it had eight private security staff at the UVU event. In a later interview, Brian Harpole, the head of Kirk’s contracted security team, said he had 13 guards present.

UVU has said they also had eight officers on site — six in uniform and two in plain clothes.

The school has been widely criticized for not providing more coverage, as well as not patrolling the roofs on campus buildings ahead of time. The alleged shooter, Tyler James Robinson, took a rifle and fired a single shot from a rooftop that hit and killed Kirk. Robinson has since been charged with Kirk’s death.

The required threat assessments in Riebe’s bill would create a set process before any event to better understand the size and scope, which outside law enforcement experts have also recommended in the fallout.

A college or university in the state would need to work with the Utah Department of Public Safety to conduct a review within 10 days of receiving an event request for a public speaker. Those requests could come from student clubs, departments on campus or outside organizations.

The review would need to include:

• A “credible threat assessment” looking at any documented threats against the speaker or sponsoring entity, including a review of social media posts and responses.

• A historical event analysis examining past events involving the speaker at other venues where there might have been protests or a “pattern of escalating tensions.”

• A catalog of the event characteristics, including size, duration, venue capacity, public accessibility and expected attendance.

• A vulnerability assessment focused on the venue location.

Riebe then creates five classifications for events. A level one event has “minimal risk” and “no identified security concerns.” A level three would be “moderate risk,” prompting enhanced security planning. And a level five is “severe risk” with critical security needs.

Level three is where Riebe starts prescribing in the bill the police staffing required. For those events, there is a minimum of two uniformed officers and controlled attendance screening, such as requiring ticketing.

Level four requires a minimum of four uniformed officers, a metal detector at entry points and coordination with the local police department outside the university.

Level five mandates a comprehensive security plan, multi-agency coordination, pre-registration of attendees and “elevated surveillance positions if the venue permits.”

Depending on each level, too, an outside organization that wants to host the event could be asked to cover some of the security costs, up to $50,000 for a level five event. There are some exceptions for those fees, including when a group cannot afford it.

The insurance coverage is also tied to the levels. An outside organization would need a policy covering up to $5 million in liability for a level five event. Proof of insurance would be required five days before the event.

A university or college also has more latitude to cancel or postpone an event under SB95, if there are “imminent threats.”

Schools will be required to report annually on their events to USHE, which will present a final report to the Legislature.