Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 53 (2025GS)

Sponsor

Rep. Ivory, Ken

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• establishes the Litter Abatement Expendable Special Revenue Fund;
• modifies penalties for certain offenses;
• requires reporting for certain entities;
• imposes a landfill fine for an unsecured load; and
• defines terms.

Every vote on this bill

Bill text

25
41-6a-1712
41-6a-1713
53-8-105
72-1-201
72-2-135
72-7-409
72-7-410
41-6a-1712
41-6a-1713
53-8-105
72-1-201
72-2-135
72-7-409
72-7-410
0
Litter Cleanup Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ken Ivory
Senate Sponsor: Wayne A. Harper
LONG TITLE
General Description:
This bill addresses unsecured loads, litter, and landfills.
Highlighted Provisions:
This bill:
establishes the Litter Abatement Expendable Special Revenue Fund;
modifies penalties for certain offenses;
requires reporting for certain entities;
imposes a landfill fine for an unsecured load; and
defines terms.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-1712
, as last amended by Laws of Utah 2008, Chapter 22
41-6a-1713
, as last amended by Laws of Utah 2015, Chapter 412
53-8-105
, as last amended by Laws of Utah 2024, Chapter 425
72-1-201
, as last amended by Laws of Utah 2024, Chapter 517
72-7-409
, as last amended by Laws of Utah 2021, Chapter 327
ENACTS:
72-2-135
, Utah Code Annotated 1953
72-7-410
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
41-6a-1712
 is amended to read:
41-6a-1712
. Destructive or injurious materials on highways -- Throwing lighted 
material from moving vehicle -- Enforcement officers.
(1)
As used in this section, "lighted material" means an item that is flaming, burning, or 
smoking, including lighted charcoal, fireworks, matches, tobacco, cigars, or cigarettes.
(2)
A person may not throw, deposit, or discard, or permit to be dropped, thrown, deposited, 
or discarded on any public road or highway in the state, whether under state, county, 
municipal, or federal ownership, any plastic container, glass bottle, glass, nails, tacks, 
wire, cans, barbed wire, boards, trash or garbage, paper or paper products, or any other 
substance which would or could:
(a)
create a safety or health hazard on the public road or highway; or
(b)
mar or impair the scenic aspect or beauty of the public road or highway.
(2)
(3)
A person who drops, throws, deposits, or discards, or permits to be dropped, 
thrown, deposited, or discarded, on any public road or highway any destructive, 
injurious, or unsightly material shall:
(a)
immediately remove the material or cause it to be removed; and
(b)
deposit the material in a receptacle designed to receive the material.
(3)
(4)
A person distributing commercial handbills, leaflets, or other advertising shall take 
whatever measures are reasonably necessary to keep the material from littering public 
roadways or highways.
(4)
(5)
A person removing a wrecked or damaged vehicle from a public road or highway 
shall remove any glass or other injurious substance dropped from the vehicle on the road 
or highway.
(5)
(6)
A person may not throw any lighted material from a moving vehicle.
(6)
(7)
Except as provided in Section 
72-7-409
, any person transporting loose cargo by 
truck, trailer, or other motor vehicle shall secure the cargo in a reasonable manner to 
prevent the cargo from littering or spilling on both public and private property or public 
roadways.
(7)
(8)
A law enforcement officer as defined in Section 
53-13-103
, within the law 
enforcement officer's jurisdiction:
(a)
shall enforce the provisions of this section;
(b)
may issue citations to a person who violates any of the provisions of this section; and
(c)
may serve and execute all warrants, citations, and other process issued by any court 
in enforcing this section.
(8)
(9)
A municipality within its corporate limits and a county outside of incorporated 
municipalities may enact local ordinances to carry out the provisions of this section.
Section 2, Section 
41-6a-1713
 is amended to read:
41-6a-1713
. Penalty for littering on a highway.
(1)
A person
Except as provided in Subsection (3), an individual
 who violates any of the 
provisions of Section 
41-6a-1712
 is guilty of an infraction and shall be fined:
(a)
not less than $200 for a violation; or
(b)
not less than $500 for a second or subsequent violation within three years of a 
previous violation of this section.
(2)
The sentencing judge may require that the offender devote at least eight hours in 
cleaning up:
(a)
litter caused by the offender; and
(b)
existing litter from a safe area designated by the sentencing judge.
(3)
An individual who violates Subsection 
41-6a-1712(6)
 is guilty of a class C 
misdemeanor.
Section 3, Section 
53-8-105
 is amended to read:
53-8-105
. Duties of Highway Patrol.
(1)
In addition to the duties in this chapter, the Highway Patrol shall:
(a)
enforce the state laws and rules governing use of the state highways;
(b)
regulate traffic on all highways and roads of the state;
(c)
assist the governor in an emergency or at other times at his discretion;
(d)
in cooperation with federal, state, and local agencies, enforce and assist in the 
enforcement of all state and federal laws related to the operation of a motor carrier on 
a highway, including all state and federal rules and regulations;
(e)
inspect certain vehicles to determine road worthiness and safe condition as provided 
in Section 
41-6a-1630
;
(f)
upon request, assist with any condition of unrest existing or developing on a campus 
or related facility of an institution of higher education;
(g)
assist the Alcoholic Beverage Services Commission in an emergency to enforce the 
state liquor laws;
(h)
provide security and protection for both houses of the Legislature while in session as 
the speaker of the House of Representatives and the president of the Senate find 
necessary;
(i)
enforce the state laws and rules governing use of capitol hill; and
(j)
carry out the following for the Supreme Court and the Court of Appeals:
(i)
provide security and protection to those courts when in session in the capital city 
of the state;
(ii)
execute orders issued by the courts; and
(iii)
carry out duties as directed by the courts.
(2)
(a)
The division and the department shall annually:
(i)
evaluate the inventory of new and existing state highways, in coordination with 
relevant local law enforcement agencies, to determine which law enforcement 
agency is best suited to patrol and enforce state laws and regulate traffic on each 
state highway; and
(ii)
before October 1 of each year, report to the Transportation Interim Committee 
and the Executive Offices and Criminal Justice Appropriations Subcommittee 
regarding:
(A)
significant changes to the patrol and enforcement responsibilities resulting 
from the evaluation described in Subsection (2)(a)(i); and
(B)
any budget request necessary to accommodate additional patrol and 
enforcement responsibilities.
(b)
The division and the department shall, before July 1 of each year, coordinate with the 
Department of Transportation created in Section 
72-1-201
 regarding patrol and 
enforcement responsibilities described in Subsection (2)(a) and incident management 
services on state highways.
(3)
(a)
A district court and a justice court shall collect and maintain data regarding 
violations in Sections 
41-6a-1712
, 
41-6a-1713
, and 
72-7-409
.
(b)
Each court shall transmit dispositions described in Subsection (3)(a) electronically to 
the department.
Section 4, Section 
72-1-201
 is amended to read:
72-1-201
. Creation of Department of Transportation -- Functions, powers, 
duties, rights, and responsibilities.
(1)
There is created the Department of Transportation which shall:
(a)
have the general responsibility for planning, research, design, construction, 
maintenance, security, and safety of state transportation systems;
(b)
provide administration for state transportation systems and programs;
(c)
implement the transportation policies of the state;
(d)
plan, develop, construct, and maintain state transportation systems that are safe, 
reliable, environmentally sensitive, and serve the needs of the traveling public, 
commerce, and industry;
(e)
establish standards and procedures regarding the technical details of administration 
of the state transportation systems as established by statute and administrative rule;
(f)
advise the governor and the Legislature about state transportation systems needs;
(g)
coordinate with utility companies for the reasonable, efficient, and cost-effective 
installation, maintenance, operation, relocation, and upgrade of utilities within state 
highway rights-of-way;
(h)
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
make rules for the administration of the department, state transportation systems, and 
programs;
(i)
jointly with the commission annually report to the Transportation Interim Committee, 
by November 30 of each year, as to the operation, maintenance, condition, mobility, 
safety needs, and wildlife and livestock mitigation for state transportation systems;
(j)
ensure that any training or certification required of a public official or public 
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 
63G, Chapter 22, State Training and Certification Requirements, if the training or 
certification is required:
(i)
under this title;
(ii)
by the department; or
(iii)
by an agency or division within the department;
(k)
study and make recommendations to the Legislature on potential managed lane use 
and implementation on selected transportation systems within the state; 
(l)
before July 1 of each year, coordinate with the Utah Highway Patrol Division created 
in Section 
53-8-103
 regarding:
(i)
future highway projects that will add additional capacity to the state transportation 
system;
(ii)
potential changes in law enforcement responsibilities due to future highway 
projects; and
(iii)
incident management services on state highways;
 and
(m)
provide public transit services, in consultation with any relevant public transit 
provider
.
; and
(n)
implement a public service campaign as described in Section 
72-2-135
, in 
coordination with relevant stakeholders including permitted landfills and transfer 
stations, to generate public awareness regarding the importance of proper 
transportation and disposal of waste and maintaining clean roads and highways.
(2)
(a)
The department shall exercise reasonable care in designing, constructing, and 
maintaining a state highway in a reasonably safe condition for travel.
(b)
Nothing in this section shall be construed as:
(i)
creating a private right of action; or
(ii)
expanding or changing the department's common law duty as described in 
Subsection (2)(a) for liability purposes.
Section 5, Section 
72-2-135
 is enacted to read:
72-2-135
. Litter Abatement Expendable Special Revenue Fund.
(1)
There is created an expendable special revenue fund, known as the "Litter Abatement 
Expendable Special Revenue Fund."
(2)
The fund shall consist of:
(a)
the landfill minimum fine for an unsecured load as described in Section 
72-7-410
; 
and
(b)
interest earnings on cash balances.
(3)
The department shall use money in the fund:
(a)
for litter cleanup efforts on or near highways, including highways near waste 
management facilities and other high-litter areas the department identifies;
(b)
for a public service campaign to generate awareness regarding the importance of 
proper transportation and disposal of waste, the negative impact of littering, and the 
need to maintain clean highways;
(c)
for increased enforcement of Sections 
41-6a-1712
, 
41-6a-1713
, and 
72-7-410
; and
(d)
for the department's costs in administering the account.
Section 6, Section 
72-7-409
 is amended to read:
72-7-409
. Loads on vehicles -- Limitations -- Confining, securing, and fastening 
load required -- Penalty.
(1)
As used in this section:
(a)
"Agricultural product" means any raw product which is derived from agriculture, 
including silage, hay, straw, grain, manure, and other similar product.
(b)
(i)
"Unsecured load" means the contents of a vehicle, operated on a highway, not 
sufficiently covered, confined, fastened, or otherwise secured in a way to prevent 
the contents from escaping the vehicle.
(ii)
"Unsecured load" includes materials such as dirt, sand, gravel, rock fragments, 
pebbles, crushed base, aggregate, any other similar material, or scrap metal or 
other loose material on any portion of the vehicle not designed to carry the 
material.
(c)
"Vehicle" means the same as that term is defined in Section 
41-1a-102
.
(2)
Except as provided in Subsections 
(3)
 through 
(5)
, a person may not:
(a)
operate a vehicle with an unsecured load on any highway; or
(b)
operate a vehicle carrying trash or garbage without a covering over the entire load.
(3)
(a)
A vehicle carrying dirt, sand, gravel, rock fragments, pebbles, crushed base, 
aggregate, any other similar material, or scrap metal shall have a covering over the 
entire load unless:
(i)
the highest point of the load does not extend above the top of any exterior wall or 
sideboard of the cargo compartment of the vehicle; and
(ii)
the outer edges of the load are at least six inches below the top inside edges of the 
exterior walls or sideboards of the cargo compartment of the vehicle.
(b)
The following material is exempt from the provisions of Subsection 
(3)(a)
:
(i)
hot mix asphalt;
(ii)
construction debris or scrap metal if the debris or scrap metal is a size and in a 
form not susceptible to being blown out of the vehicle;
(iii)
material being transported across a highway between two parcels of property that 
would be contiguous but for the highway that is being crossed; and
(iv)
material listed under Subsection 
(3)(a)
 that is enclosed on all sides by containers, 
bags, or packaging.
(c)
A chemical substance capable of coating or bonding a load so that the load is 
confined on a vehicle, may be considered a covering for purposes of Subsection 
(3)(a)
so long as the chemical substance remains effective at confining the load.
(4)
Subsection 
(2)
 does not apply to a vehicle or implement of husbandry carrying an 
agricultural product, if the agricultural product is:
(a)
being transported in a manner which is not a hazard or a potential hazard to the safe 
operation of the vehicle or to other highway users; and
(b)
loaded in a manner that only allows minimal spillage.
(5)
(a)
An authorized vehicle performing snow removal services on a highway is exempt 
from the requirements of this section.
(b)
This section does not prohibit the necessary spreading of any substance connected 
with highway maintenance, construction, securing traction, or snow removal.
(6)
(a)
Any person suspected of operating a vehicle with an unsecured load on a highway 
may be issued a warning.
(b)
Any person who violates this section is guilty of:
(i)
an infraction, if the violation creates a hazard but does not lead to a motor vehicle 
accident;
(ii)
a class B misdemeanor, if the violation creates a hazard that leads to a motor 
vehicle accident; or
(iii)
a class A misdemeanor, if the violation creates a hazard that leads to a motor 
vehicle accident that results in the serious bodily injury or death of a person.
(c)
A person who violates a provision of this section shall be fined not less than:
(i)
$200 for a violation; or
(ii)
$500 for a second or subsequent violation within six years of a previous violation 
of this section.
(d)
A person who violates a provision of this section while operating a commercial 
vehicle as defined in Section 
72-9-102
 shall be fined:
(i)
not less than $500 for a violation; or
(ii)
$1,000 for a second or subsequent violation within six years of a previous 
violation of this section.
(7)
As resources and opportunities allow, the department shall implement programs or 
activities that increase public awareness on the importance of properly securing loads.
Section 7, Section 
72-7-410
 is enacted to read:
72-7-410
. Public landfill litter abatement fine.
(1)
As used in this section:
(a)
"Landfill" means a landfill or transfer station that is permitted by the Department of 
Environmental Quality.
(b)
"Securely covered" means that the content of a load is completely covered by a solid 
barrier which will prevent the load from blowing, spilling, or falling from the vehicle.
(2)
A driver utilizing a landfill shall ensure that the vehicle's load is securely covered from 
the destination of origin until the driver deposits the load at the landfill.
(3)
(a)
A landfill shall collect a $10 minimum fine for a vehicle in violation of 
Subsection 
(2)
, beginning no later than July 1, 2026.
(b)
Five dollars of the fine described in Subsection 
(3)(a)
 shall be collected by the 
Department of Environmental Quality and deposited into the Litter Abatement 
Expendable Special Revenue Fund created in Section 
72-2-135
.
(c)
The remainder of the fine described in Subsection 
(3)(a)
 shall be retained by the 
collecting landfill.
(d)
The minimum fine described in Subsection 
(3)(a)
 does not preclude a landfill from 
imposing an additional or higher fine or fee for an unsecured load.
(e)
A landfill may impose an additional penalty for a driver who repeatedly violates 
Subsection 
(2)
.
(4)
The Department of Environmental Quality may retain its associated administrative costs 
from the funds described in Subsection 
(3)(b)
.
(5)
A landfill shall provide an annual report to the Department of Environmental Quality on 
or before March 1 regarding violations of Subsection 
(2)
.
Section 8. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-7-25 9:45 PM