Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 22-0065.01 Jery Payne x2157
SENATE BILL22-017
Senate Committees House Committees
Transportation & Energy
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.
SENATE
2nd Reading Unamended
February 7, 2022
SENATE SPONSORSHIP
Scott and Zenzinger, Coram, Donovan, Hisey
HOUSE SPONSORSHIP
Boesenecker and Catlin, Exum, Froelich, Gray, Hooton, Pico, Rich, Sullivan, Valdez D.,
Van Winkle
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-