S.B. 44

This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Tue, Jan 29, 2008 at 11:31 AM by rday. --> 1

PENALTIES FOR FAILING TO SECURE A
2 LOAD OR LITTERING ON A HIGHWAY
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Patricia W. Jones
6 House Sponsor: Sheryl L. Allen
7
8 LONG TITLE
9 Committee Note:
10 The Transportation Interim Committee recommended this bill.
11 General Description:
12 This bill modifies the Motor Vehicles Code, Criminal Code, and Transportation Code
13 by amending provisions relating to failing to secure a load or littering on a highway.
14 Highlighted Provisions:
15 This bill:
16 . increases the fine for littering on a highway for a second or subsequent violation
17 within three years of a previous violation;
18 . increases the fine for failing to properly secure a load when operating a motor
19 vehicle on a highway for certain violations;
20 . creates the State Highway Litter Control Restricted Account;
21 . provides that funds in the State Highway Litter Control Restricted Account shall be
22 used for:
23 . a public education program that informs the public of the requirements of and
24 penalties for failing to secure a load or littering on a highway; and
25 . paying the costs of picking up litter and other debris on a state highway;
26 . authorizes the Department of Transportation to make rules implementing a program
27 to allow a person to report a secured load or litter violation;

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- 2 - 28 . provides that a portion of the fines and forfeitures collected in a justice court or
29 district court for a second or subsequent violation of failing to secure a load or
30 littering on a highway shall be remitted to the State Highway Litter Control
31 Restricted Account; and
32 . makes technical changes.
33 Monies Appropriated in this Bill:
34 None
35 Other Special Clauses:
36 This bill takes effect on July 1, 2008.
37 Utah Code Sections Affected:
38 AMENDS:
39 41-6a-1712, as renumbered and amended by Laws of Utah 2005, Chapter 2
40 41-6a-1713, as renumbered and amended by Laws of Utah 2005, Chapter 2
41 72-7-409, as last amended by Laws of Utah 1998, Chapter 224 and renumbered and
42 amended by Laws of Utah 1998, Chapter 270
43 78-3-14.5, as last amended by Laws of Utah 2004, Chapters 273 and 349
44 78-5-116, as last amended by Laws of Utah 2004, Chapters 273 and 349
45 ENACTS:
46 72-2-126, Utah Code Annotated 1953
47 76-10-2701, Utah Code Annotated 1953
48 76-10-2702, Utah Code Annotated 1953
49
50 Be it enacted by the Legislature of the state of Utah:
51 Section 1. Section 41-6a-1712 is amended to read:
52 41-6a-1712. Destructive or injurious materials on highways -- Throwing lighted
53 material from moving vehicle -- Enforcement officers.
54 (1) A person may not throw, deposit, or discard, or [to] permit to be dropped, thrown,
55 deposited, or discarded on any public road[,] or highway[, park, recreation area, or other public
56 or private land, or waterway,] in the state, whether under state, county, municipal, or federal
57 ownership, any plastic container, glass bottle, glass, nails, tacks, wire, cans, barbed wire,
58 boards, trash or garbage, paper or paper products, or any other substance which would or could:

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Senate 3rd Reading Amendments 1-29-2008 rd/sch 59

(a) create a safety or health hazard on the public road or highway; or
60 (b) mar or impair the scenic aspect or beauty of the [land in the state whether under
61 private, state, county, municipal, or federal ownership without the permission of the owner or
62 person having control or custody of the land] public road or highway.
63 (2) A person who drops, throws, deposits, or discards, or permits to be dropped,
64 thrown, deposited, or discarded, on any public road[,] or highway[, park, recreation area, or
65 other public or private land or waterway] any destructive, injurious, or unsightly material shall:
66 (a) immediately remove the material or cause it to be removed; and
67 (b) deposit the material in a receptacle designed to receive the material.
68 (3) A person distributing commercial handbills, leaflets, or other advertising shall take
69 whatever measures are reasonably necessary to keep the material from littering [public or
70 private property or] public roadways or highways.
71 (4) A person removing a wrecked or damaged vehicle from a public road[,] or
72 highway[, park, recreation area, or other public or private land] shall remove any glass or other
73 injurious substance dropped from the vehicle on the road or highway [or in the park, recreation
74 area, or other public or private land].
75 (5) A person may not throw any lighted material from a moving vehicle.
76 (6) Except as provided in Section 72-7-409 , any person transporting loose cargo by
77 truck, trailer, or other motor vehicle shall secure the cargo in a reasonable manner to prevent
78 the cargo from littering or spilling on both public and private property or public roadways.
79 [(7) A person in charge of a construction or demolition site shall take reasonable steps
80 to prevent the accumulation of litter at the construction or demolition site.]
81 [(8) (a)] (7) A law enforcement officer as defined in Section 53-13-103 S. [ [ ] ,within the law
82 enforcement officer's jurisdiction, [ ] ] .S :
83 (a) shall enforce the provisions of this section[.];
84 (b) [Each officer in Subsection (8)(a) is empowered to] may issue citations to a person
85 who violates any of the provisions of this section; and
86 (c) may serve and execute all warrants, citations, and other process issued by any court
87 in enforcing this section.
88 [(9) An operator of a park, campground, trailer park, drive-in restaurant, gasoline
89 service station, shopping center, grocery store parking lot, tavern parking lot, parking lots of

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Senate 3rd Reading Amendments 1-29-2008 rd/sch 90

industrial firms, marina, boat launching area, boat moorage and fueling station, public and
91 private pier, beach, and bathing area shall maintain sufficient litter receptacles on the premises
92 to accommodate the litter that accumulates.]
93 [(10)] (8) A municipality within its corporate limits and a county outside of
94 incorporated municipalities may enact local ordinances to carry out the provisions of this
95 section.
96 Section 2. Section 41-6a-1713 is amended to read:
97 41-6a-1713. Penalty for littering on a highway.
98 (1) A person who violates any of the provisions of Section 41-6a-1712 is guilty of a
99 class C misdemeanor and shall be fined:
100 (a) not less than $100 for [each] a violation[.]; or
101 (b) not less than $250 for a second or subsequent violation within three years of a
102 previous violation of this section.
103 (2) The sentencing judge may require that the offender devote at least [four] eight
104 hours in cleaning up:
105 (a) litter caused by [him] the offender; and
106 (b) existing litter from a safe area designated by the sentencing judge.
107 Section 3. Section 72-2-126 is enacted to read:
108 72-2-126. State Highway Litter Control Restricted Account -- Revenue --
109 Nonlapsing.
110 (1) There is created a restricted account within the General Fund known as the "State
111 Highway Litter Control Restricted Account."
112 (2) The account shall be funded from the following sources:
113 (a) fines and forfeitures remitted to the account in accordance with Sections 78-3-14.5
114 and 78-5-116 ;
115 (b) appropriations made to the account by the Legislature; and
116 (c) contributions from other public and private sources for deposit into the account.
117 S. [ (3) (a) The account shall earn interest.
118 (b) All interest earned on account monies shall be deposited into the account.
119 (4) ] (3) .S All monies appropriated to the account are nonlapsing.
120 S. [ (5) ] (4) .S The Legislature shall appropriate money in the account to the department.

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- 5 - 121 S. [(6)] (5) .S The commission may authorize the monies deposited into the account to be spent
122 by the department to pay the costs of:
123 (a) a public education campaign or program that informs the public of the requirements
124 of and penalties for failing to secure a load or littering on a highway; and
125 (b) picking up litter and other roadway debris on a state highway.
126 Section 4. Section 72-7-409 is amended to read:
127 72-7-409. Loads on vehicles -- Limitations -- Confining, securing, and fastening
128 load required -- Penalty.
129 (1) As used in this section:
130 (a) "Agricultural product" means any raw product which is derived from agriculture,
131 including silage, hay, straw, grain, manure, and other similar product.
132 (b) "Vehicle" has the same meaning set forth in Section 41-1a-102 .
133 (2) A vehicle may not be operated or moved on any highway unless the vehicle is
134 constructed or loaded to prevent its contents from dropping, sifting, leaking, or otherwise
135 escaping.
136 (3) (a) In addition to the requirements under Subsection (2), a vehicle carrying dirt,
137 sand, gravel, rock fragments, pebbles, crushed base, aggregate, trash or garbage, any other
138 similar material, or scrap metal shall have a covering over the entire load unless:
139 (i) the highest point of the load does not extend above the top of any exterior wall or
140 sideboard of the cargo compartment of the vehicle; and
141 (ii) the outer edges of the load are at least six inches below the top inside edges of the
142 exterior walls or sideboards of the cargo compartment of the vehicle.
143 (b) The following material is exempt from the provisions of Subsection (3)(a):
144 (i) hot mix asphalt;
145 (ii) [construction debris or] scrap metal if the [debris or] scrap metal is a size and in a
146 form not susceptible to being blown out of the vehicle;
147 (iii) material being transported across a highway between two parcels of property that
148 would be contiguous but for the highway that is being crossed; and
149 (iv) material listed under Subsection (3)(a) that is enclosed on all sides by containers,
150 bags, or packaging.
151 (c) A chemical substance capable of coating or bonding a load so that the load is

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- 6 - 152 confined on a vehicle, may be considered a covering for purposes of Subsection (3)(a) so long
153 as the chemical substance remains effective at confining the load.
154 (4) Subsections (2) and (3) do not apply to a vehicle or implement of husbandry
155 carrying an agricultural product, if the agricultural product is:
156 (a) being transported in a manner which is not a hazard or a potential hazard to the safe
157 operation of the vehicle or to other highway users; and
158 (b) loaded in a manner that only allows minimal spillage.
159 (5) (a) An authorized vehicle performing snow removal services on a highway is
160 exempt from the requirements of this section if the vehicle's load is screened to a particle size
161 established by a rule of the department.
162 (b) This section does not prohibit the necessary spreading of any substance connected
163 with highway maintenance, construction, securing traction, or snow removal.
164 (6) A person may not operate a vehicle with a load on any highway unless the load and
165 any load covering is fastened, secured, and confined to prevent the covering or load from
166 becoming loose, detached, or in any manner a hazard to the safe operation of the vehicle, or to
167 other highway users.
168 (7) Before entering a highway, the operator of a vehicle carrying any material listed
169 under Subsection (3), shall remove all loose material on any portion of the vehicle not designed
170 to carry the material.
171 (8) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
172 department may make rules implementing a program that allows a person to report a violation
173 of this section or Section 41-6a-1712 .
174 [(8)] (9) (a) Any person who violates this section is guilty of a class B misdemeanor.
175 (b) A person who violates a provision of this section shall be fined not less than:
176 (i) $100 for a violation; or
177 (ii) $250 for a second or subsequent violation within three years of a previous violation
178 of this section.
179 (c) A person who violates a provision of this section while operating a commercial
180 vehicle as defined in Section 72-9-102 shall be fined:
181 (i) not less than $250 for a violation; or
182 (ii) $500 for a second or subsequent violation within three years of a previous violation

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Senate 3rd Reading Amendments 1-29-2008 rd/sch 183

of this section.
184 Section 5. Section 76-10-2701 is enacted to read:
185 Part 27. Littering
186 76-10-2701. Destructive or injurious materials on parks, recreation areas,
187 waterways, or other public or private lands -- Enforcement officers -- Litter receptacles
188 required.
189 (1) A person may not throw, deposit, or discard, or permit to be dropped, thrown,
190 deposited, or discarded on any park, recreation area, or other public or private land, or
191 waterway, any glass bottle, glass, nails, tacks, wire, cans, barbed wire, boards, trash or garbage,
192 paper or paper products, or any other substance which would or could mar or impair the scenic
193 aspect or beauty of the land in the state whether under private, state, county, municipal, or
194 federal ownership without the permission of the owner or person having control or custody of
195 the land.
196 (2) A person who drops, throws, deposits, or discards, or permits to be dropped,
197 thrown, deposited, or discarded, on any park, recreation area, or other public or private land or
198 waterway any destructive, injurious, or unsightly material shall:
199 (a) immediately remove the material or cause it to be removed; and
200 (b) deposit the material in a receptacle designed to receive the material.
201 (3) A person distributing commercial handbills, leaflets, or other advertising shall take
202 whatever measures are reasonably necessary to keep the material from littering public or
203 private property.
204 (4) A person removing a wrecked or damaged vehicle from a park, recreation area, or
205 other public or private land shall remove any glass or other injurious substance dropped from
206 the vehicle in the park, recreation area, or other public or private land.
207 (5) A person in charge of a construction or demolition site shall take reasonable steps
208 to prevent the accumulation of litter at the construction or demolition site.
209 (6) A law enforcement officer as defined in Section 53-13-103 S. , within the law
209a enforcement officer's jurisdiction .S :
210 (a) shall enforce the provisions of this section;
211 (b) may issue citations to a person who violates any of the provisions of this section;
212 and
213 (c) may serve and execute all warrants, citations, and other processes issued by any

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- 8 - 214 court in enforcing this section.
215 (7) An operator of a park, campground, trailer park, drive-in restaurant, gasoline
216 service station, shopping center, grocery store parking lot, tavern parking lot, parking lots of
217 industrial firms, marina, boat launching area, boat moorage and fueling station, public and
218 private pier, beach, and bathing area shall maintain sufficient litter receptacles on the premises
219 to accommodate the litter that accumulates.
220 (8) A municipality within its corporate limits and a county outside of incorporated
221 municipalities may enact local ordinances to carry out the provisions of this section.
222 Section 6. Section 76-10-2702 is enacted to read:
223 76-10-2702. Penalty for littering on a park, recreation area, waterway, or other
224 public or private land.
225 (1) A person who violates any of the provisions of Section 76-10-2701 is guilty of a
226 class C misdemeanor and shall be fined not less than $100 for each violation.
227 (2) The sentencing judge may require that the offender devote at least four hours in
228 cleaning up:
229 (a) litter caused by the offender; and
230 (b) existing litter from a safe area designated by the sentencing judge.
231 Section 7. Section 78-3-14.5 is amended to read:
232 78-3-14.5. Allocation of district court fees and forfeitures.
233 (1) Except as provided in this section, district court fines and forfeitures collected for
234 violation of state statutes shall be paid to the state treasurer.
235 (2) Fines and forfeitures collected by the court for violation of a state statute or county
236 or municipal ordinance constituting a misdemeanor or an infraction shall be remitted 1/2 to the
237 state treasurer and 1/2 to the treasurer of the state or local governmental entity which
238 prosecutes or which would prosecute the violation.
239 (3) Fines and forfeitures collected for violations of Title 23, Wildlife Resources Code
240 of Utah, Title 41, Chapter 22, Off-highway Vehicles, or Title 73, Chapter 18, State Boating
241 Act, shall be paid to the state treasurer.
242 (a) For violations of Title 23, the state treasurer shall allocate 85% to the Division of
243 Wildlife Resources and 15% to the General Fund.
244 (b) For violations of Title 41, Chapter 22, or Title 73, Chapter 18, the state treasurer

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- 9 - 245 shall allocate 85% to the Division of Parks and Recreation and 15% to the General Fund.
246 (4) Fines and forfeitures collected for violation of Section 72-7-404 or 72-7-406 , less
247 fees established by the Judicial Council, shall be paid to the state treasurer for deposit in the B
248 and C road account. Fees established by the Judicial Council shall be deposited in the state
249 General Fund. Money deposited in the class B and C road account is supplemental to the
250 money appropriated under Section 72-2-107 but shall be expended in the same manner as other
251 class B and C road funds.
252 [(5) Until July 1, 2007, fines and forfeitures collected by the court for a violation of
253 Subsection 41-1a-1303 (2) related to registration of vehicles after establishing residency shall
254 be remitted:]
255 [(a) 50% to the state or local governmental entity which issued the citation for a
256 violation to be used for law enforcement purposes; and]
257 [(b) 50% in accordance with Subsection (2).]
258 (5) (a) Fines and forfeitures collected by the court for a second or subsequent violation
259 under Section 41-6a-1713 or Subsection 72-7-409 (9)(b) shall be remitted:
260 (i) 60% to the State Highway Litter Control Restricted Account created by Section
261 72-2-126 ; and
262 (ii) 40% in accordance with Subsection (2).
263 (b) Fines and forfeitures collected by the court for a second or subsequent violation
264 under Subsection 72-7-409 (9)(c) shall be remitted:
265 (i) 50% to the State Highway Litter Control Restricted Account created by Section
266 72-2-126 ; and
267 (ii) 50% in accordance with Subsection (2).
268 (6) Fines and forfeitures collected for any violations not specified in this chapter or
269 otherwise provided for by law shall be paid to the state treasurer.
270 (7) Fees collected in connection with civil actions filed in the district court shall be
271 paid to the state treasurer.
272 (8) The court shall remit money collected in accordance with Title 51, Chapter 7, State
273 Money Management Act.
274 Section 8. Section 78-5-116 is amended to read:
275 78-5-116. Disposition of fines.

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- 10 - 276 (1) Except as otherwise specified by this section, fines and forfeitures collected by a
277 justice court shall be remitted, 1/2 to the treasurer of the local government responsible for the
278 court and 1/2 to the treasurer of the local government which prosecutes or which would
279 prosecute the violation.
280 (2) (a) For violation of Title 23, the court shall allocate 85% to the Division of Wildlife
281 Resources and 15% to the general fund of the city or county government responsible for the
282 justice court.
283 (b) For violation of Title 41, Chapter 22, Off-highway Vehicles, or Title 73, Chapter
284 18, State Boating Act, the court shall allocate 85% to the Division of Parks and Recreation and
285 15% to the general fund of the city or county government responsible for the justice court.
286 (c) Fines and forfeitures collected by the court for a second or subsequent violation
287 under Section 41-6a-1713 or Subsection 72-7-409 (9)(b) shall be remitted:
288 (i) 60% to the State Highway Litter Control Restricted Account created by Section
289 72-2-126 ; and
290 (ii) 40% in accordance with Subsection (1).
291 (d) Fines and forfeitures collected by the court for a second or subsequent violation
292 under Subsection 72-7-409 (9)(c) shall be remitted:
293 (i) 50% to the State Highway Litter Control Restricted Account created by Section
294 72-2-126 ; and
295 (ii) 50% in accordance with Subsection (1).
296 (3) The surcharge established by Section 63-63a-1 shall be paid to the state treasurer.
297 (4) Fines, fees, court costs, and forfeitures collected by a municipal or county justice
298 court for a violation of Section 72-7-404 or 72-7-406 regarding maximum weight limitations
299 and overweight permits, minus court costs not to exceed the schedule adopted by the Judicial
300 Council, shall be paid to the state treasurer and distributed to the class B and C road account.
301 (5) Revenue deposited in the class B and C road account pursuant to Subsection (4) is
302 supplemental to the money appropriated under Section 72-2-107 but shall be expended in the
303 same manner as other class B and C road funds.
304 [(6) Until July 1, 2007, fines and forfeitures collected by the court for a violation of
305 Subsection 41-1a-1303 (2) related to registration of vehicles after establishing residency shall
306 be remitted:]

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- 11 - 307 [(a) 50% to the state or local governmental entity which issued the citation for a
308 violation to be used for law enforcement purposes; and]
309 [(b) 50% in accordance with Subsection (1).]
310 Section 9. Effective date.
311 This bill takes effect on July 1, 2008.

Legislative Review Note
as of 11-19-07 10:18 AM

Office of Legislative Research and General Counsel