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House increases highway littering fines, earmarks extra funds for DOT education and enforcement

Utah House of Representatives · March 5, 2013
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Summary

House passed HB 328 to raise fines for highway littering—doubling many penalties and directing the additional amounts to the Department of Transportation for public‑education campaigns and selective enforcement; final vote 43‑25 amid concerns about earmarking.

Representative Greenwood presented HB 328 to increase fines for littering on highways and to dedicate the additional revenue to the Department of Transportation for public education (PSAs) and selective enforcement. Sponsor said current fines are insufficient and cited the contract worker who spends substantial time picking up roadside trash.

Under the floor presentation, the bill raises the first offense fine from $100 to $200, increases subsequent individual fines from $250 to $500, raises the commercial vehicle first‑offense fine from $250 to $500 and second/subsequent commercial fines to $1,000. Greenwood said the extra dollars would fund DOT education and partnership enforcement with the highway patrol.

Questions and objections focused on criminal classification and the role of courts. Representative Tanner observed the statute already permits class C misdemeanor penalties up to $750 and jail, and asked whether setting statutory minimums is necessary. Representative Nelson noted that the Commission on Criminal and Juvenile Justice and the Utah Sentencing Commission expressed opposition (per tracking sheets) because the bill earmarks raised fines for a specific purpose.

Sponsor Greenwood said he had conferred with those groups and understood their objection was to the precedent of earmarking; he argued the education and enforcement uses would reduce littering and road hazards. Debate closed and the House passed the bill 43‑25. The measure will be transmitted to the Senate.