Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 253 (2025GS)

Sponsor

Sen. Harper, Wayne A.

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies the duties of the Department of Agriculture and Food related to railroad operations;
• amends the duties of the rail ombudsman; and
• repeals certain sections.

Every vote on this bill

Bill text

21
4-2-103
56-1-12
56-1-13
56-1-39
63I-2-256
72-17-101
72-17-102
72-17-103
72-17-104
72-17-105
72-17-106
72-17-107
72-17-108
72-18-102
0
Railroad and Transportation Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: Casey Snider
LONG TITLE
General Description:
This bill addresses railroad provisions.
Highlighted Provisions:
This bill:
modifies the duties of the Department of Agriculture and Food related to railroad 
operations; 
amends the duties of the rail ombudsman; and
repeals certain sections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-2-103
, as last amended by Laws of Utah 2023, Chapters 126, 232
63I-2-256
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
72-18-102
, as enacted by Laws of Utah 2024, Chapter 531
REPEALS:
56-1-12
, as last amended by Laws of Utah 2024, Chapter 531
56-1-13
, as last amended by Laws of Utah 2024, Chapter 531
56-1-39
, as last amended by Laws of Utah 2024, Chapter 438
72-17-101
, as last amended by Laws of Utah 2024, Chapter 517
72-17-102
, as last amended by Laws of Utah 2024, Chapter 517
72-17-103
, as last amended by Laws of Utah 2024, Chapter 531
72-17-104
, as last amended by Laws of Utah 2024, Chapter 531
72-17-105
, as last amended by Laws of Utah 2024, Chapter 531
72-17-106
, as last amended by Laws of Utah 2024, Chapter 531
72-17-107
, as last amended by Laws of Utah 2024, Chapter 531
72-17-108
, as last amended by Laws of Utah 2024, Chapter 531
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
4-2-103
 is amended to read:
4-2-103
. Functions, powers, and duties of department -- Fees for services -- 
Marketing orders -- Procedure -- Purchasing and auditing.
(1)
The department shall:
(a)
inquire into and promote the interests and products of agriculture and allied 
industries;
(b)
promote methods for increasing the production and facilitating the distribution of the 
agricultural products of the state;
(c)
(i)
inquire into the cause of contagious, infectious, and communicable diseases 
among livestock and the means for their prevention and cure; and
(ii)
initiate, implement, and administer plans and programs to prevent the spread of 
diseases among livestock;
(d)
encourage experiments designed to determine the best means and methods for the 
control of diseases among domestic and wild animals;
(e)
issue marketing orders for any designated agricultural product to:
(i)
promote orderly market conditions for any product;
(ii)
give the producer a fair return on the producer's investment at the marketplace; 
and
(iii)
only promote and not restrict or restrain the marketing of Utah agricultural 
commodities;
(f)
administer and enforce all laws assigned to the department by the Legislature;
(g)
establish standards and grades for agricultural products and fix and collect 
reasonable fees for services performed by the department in conjunction with the 
grading of agricultural products;
(h)
establish operational standards for any establishment that manufactures, processes, 
produces, distributes, stores, sells, or offers for sale any agricultural product;
(i)
adopt, according to 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, rules 
necessary for the effective administration of the agricultural laws of the state;
(j)
when necessary, make investigations, subpoena witnesses and records, conduct 
hearings, issue orders, and make recommendations concerning matters related to 
agriculture;
(k)
(i)
inspect any nursery, orchard, farm, garden, park, cemetery, greenhouse, or any 
private or public place that may become infested or infected with harmful insects, 
plant diseases, noxious or poisonous weeds, or other agricultural pests;
(ii)
establish and enforce quarantines;
(iii)
issue and enforce orders and rules for the control and eradication of pests, 
wherever they may exist within the state; and
(iv)
perform other duties relating to plants and plant products considered advisable 
and not contrary to law;
(l)
inspect apiaries for diseases inimical to bees and beekeeping;
(m)
take charge of any agricultural exhibit within the state, if considered necessary by 
the department, and award premiums at that exhibit;
(n)
provide for the coordination of state conservation efforts, including by:
(i)
assisting the Conservation Commission in the administration of 
Chapter 18, 
Conservation Commission Act
;
(ii)
implementing 
Chapter 46, Conservation Coordination Act
, including entering into 
agreements with other state agencies; and
(iii)
administering and disbursing money available to assist conservation districts in 
the state in the conservation of the state's soil and water resources;
(o)
participate in the United States Department of Agriculture certified agricultural 
mediation program, in accordance with 7 U.S.C. Sec. 5101 and 7 C.F.R. 
Part 785
;
(p)
promote and support the multiple use of public lands;
(q)
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 entity within the department;
(r)
administer the requirements described in Section 
56-1-12
 pertaining to livestock 
damaged by railroad operations;
(s)
(r)
in accordance with 
Title 73, Chapter 3d, Part 4, Compensation
:
(i)
conduct mediation or arbitration; and
(ii)
assist in the issuance of loans by the Conservation Commission; and
(t)
(s)
perform any additional functions, powers, and duties provided by law.
(2)
The department, by following the procedures and requirements of Section 
63J-1-504
, 
may adopt a schedule of fees assessed for services provided by the department.
(3)
(a)
A marketing order issued under Subsection 
(1)(e)
 may not take effect until:
(i)
the department gives notice of the proposed order to the producers and handlers of 
the affected product;
(ii)
the commissioner conducts a hearing on the proposed order; and
(iii)
at least 50% of the registered producers and handlers of the affected products 
vote in favor of the proposed order.
(b)
(i)
The department may establish boards of control to administer marketing orders 
and the proceeds derived from any order.
(ii)
A board of control shall:
(A)
ensure that proceeds are placed in an account in the board of control's name in 
a depository institution; and
(B)
ensure that the account is annually audited by an accountant approved by the 
commissioner.
(4)
Money collected by grain grading, as provided by Subsection 
(1)(g)
, shall be deposited 
into the General Fund as dedicated credits for the grain grading program.
(5)
In fulfilling the department's duties in this chapter, the department may:
(a)
purchase, as authorized or required by law, services that the department is 
responsible to provide for legally eligible persons;
(b)
take necessary steps, including legal action, to recover money or the monetary value 
of services provided to a recipient who is not eligible;
(c)
examine and audit the expenditures of any public funds provided to a local authority, 
agency, or organization that contracts with or receives funds from those authorities or 
agencies;
(d)
accept and administer grants from the federal government and from other sources, 
public or private; and
(e)
fund grants using money appropriated by the Legislature or money received from 
any other source.
Section 2, Section 
63I-2-256
 is amended to read:
63I-2-256
. Repeal dates: Title 56.
(1)
Section 
56-1-12.1
, Injury to livestock -- Notice, is repealed May 7, 2025.
(2)
Section 
56-1-13.1
, Fencing right-of-way -- Gates, is repealed May 7, 2025.
Section 3, Section 
72-18-102
 is amended to read:
72-18-102
. Rail ombudsman -- Duties.
(1)
The rail ombudsman shall:
(a)
develop and maintain expertise in and understanding of laws and regulations relating 
to rail;
(b)
coordinate, consult, and provide information to private citizens, government entities, 
rail operators, stakeholders, and other interested parties about rail related issues;
(c)
on the rail ombudsman's website, provide:
(i)
updated, easily accessible information about the duties of the rail ombudsman; and
(ii)
a form that a member of the public, including a railroad company employee, may 
use to submit a report or complaint;
(d)
provide education and training regarding rail laws and regulations; and
(e)
arrange and facilitate meetings between a rail company and one or more of the 
following, to resolve a rail dispute described in Subsection (2):
(i)
a local government entity;
(ii)
a large public transit district; or
(iii)
a private property or livestock owner.
(2)
The rail ombudsman shall facilitate meetings described in Subsection (1)(e) to resolve 
issues relating to:
(a)
safety;
(b)
at-grade and grade-separated rail crossings;
(c)
fencing;
(d)
injury to or loss of livestock;
(e)
railroad maintenance, including maintenance agreements and road closures;
(f)
improvements to railroad right-of-way infrastructure;
(g)
track realignment;
(h)
track consolidation; or
(i)
any other issue that has caused a dispute between a rail company and a party 
described in Subsection (1)(e).
(3)
If the rail ombudsman invites a rail company or another party described in Subsection 
(1)(e) to a meeting to resolve a rail dispute, the rail company or other person shall:
(a)
attend the meeting; and
(b)
attempt to resolve the dispute through the rail ombudsman before filing an action in 
court or seeking another remedy.
(4)
A rail company and a party described in Subsections (1)(e)(i) through (iii) shall provide 
notice to the rail ombudsman before:
(a)
closing a highway for railroad maintenance; or
(b)
starting a construction project involving:
(i)
an at-grade rail crossing; or
(ii)
the realignment or consolidation of railroad tracks.
(5)
The rail ombudsman may not address nor participate in:
(a)
organized labor issues or disputes; or
(b)
rail company employee safety issues.
(6)
If a report or complaint described in Subsection 
(1)(c)(ii)
 is made in regard to a rail 
company, the rail ombudsman shall forward the report or complaint to the relevant rail 
company or other appropriate agency or entity.
Section 4, 
Repealer.
Injury to livestock -- Notice -- Railroad Livestock Damages Fund and 
Board -- Appeals -- Compensation and fees -- Rulemaking.
Fencing right-of-way -- Gates.
Assessment for right of way infrastructure improvements.
Office of Rail Safety -- Creation -- Applicability.
Definitions.
Duties of the Office of Rail Safety.
Federal Railroad Administration grant program.
Establishment of administrative fees -- Payment -- Expenditures.
Office of Rail Safety Account.
Rulemaking regarding railroad clearances and walkways.
Agreements to indemnify in a railroad contract.
Section 5. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 2:35 PM