Second Regular Session Seventy-third General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO. 22-0065.01 Jery Payne x2157 SENATE BILL22-017 Senate Committees House Committees Transportation & Energy Agriculture, Livestock, & Water A BILL FOR AN ACT C ONCERNING THE DETERMINATION THAT A LOAD OF FLUID MILK101 PRODUCTS HAULED BY A VEHICLE IS NOT A DIVISIBLE LOAD102 UNDER THE VEHICLE WEIGHT LIMITS PERMITTED BY LAW .103 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/ .) Transportation Legislation Review Committee. Current law has weight limits for vehicles. One of the factors that determines a vehicle's weight limit is whether a load is divisible, which means that the load can be divided up to lower its weight. The bill deems that a load of fluid milk products carried by a vehicle is not a divisible load. HOUSE 3rd Reading Unamended February 18, 2022 HOUSE 2nd Reading Unamended February 17, 2022 SENATE 3rd Reading Unamended February 8, 2022 SENATE 2nd Reading Unamended February 7, 2022 SENATE SPONSORSHIP Scott and Zenzinger, Coram, Donovan, Hisey, Cooke, Garcia, Gardner, Kirkmeyer, Kolker, Lundeen, Priola, Rankin, Simpson, Sonnenberg, Winter, Woodward HOUSE SPONSORSHIP Boesenecker and Catlin, Exum, Froelich, Gray, Hooton, Pico, Rich, Sullivan, Valdez D., Van Winkle, Bockenfeld, Caraveo, Duran, Lindsay, Lontine, Lynch, McCluskie, McCormick, McLachlan, Mullica, Pelton, Soper, Titone, Van Beber, Woodrow, Young Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. Legislative declaration. (1) The general assembly2 hereby finds and declares that:3 (a) In 2015, the United States Congress passed the "Fixing4 America's Surface Transportation Act", Pub.L. 114-94, also known as the5 "FAST Act";6 (b) The FAST Act includes a provision in 23 U.S.C. sec. 1277 (a)(13) that reads "A vehicle carrying fluid milk products shall be8 considered a load that cannot be easily dismantled or divided9 [nondivisible].";10 (c) Congress designated fluid milk as a nondivisible load because11 milk drivers must pick up the entire stock of milk that a dairy farm12 produces every day and deliver it to the dairy;13 (d) The Colorado department of transportation promulgated a rule14 to conform with the provision in the FAST Act, but the rule was15 inconsistent with and narrower than the provision; and16 (e) With respect to the provision in the FAST Act, this act merely17 harmonizes Colorado law with the FAST Act.18 SECTION 2. In Colorado Revised Statutes, 42-4-510, add (1)(d)19 as follows:20 42-4-510. Permits for excess size and weight and for21 manufactured homes - rules - definition. (1) (d) F OR THE PURPOSES OF22 THIS SECTION, SECTION 42-4-511, AND ANY RULE PROMULGATED UNDER23 THIS SECTION OR SECTION 42-4-511, A LOAD OF FLUID MILK PRODUCTS24 CARRIED BY A VEHICLE IS DEEMED TO NOT BE A DIVISIBLE LOAD .25 SECTION 3. Safety clause. The general assembly hereby finds,26 017-2- determines, and declares that this act is necessary for the immediate1 preservation of the public peace, health, or safety.2 017 -3-