Colorado 2022 Regular Session

Colorado Senate Bill SB017 Compare Versions

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1+Second Regular Session
2+Seventy-third General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 22-0065.01 Jery Payne x2157
18 SENATE BILL22-017
2-BY SENATOR(S) Scott and Zenzinger, Coram, Donovan, Hisey, Cooke,
3-Gardner, Kirkmeyer, Kolker, Lundeen, Priola, Rankin, Simpson,
4-Sonnenberg, Winter, Woodward, Garcia;
5-also REPRESENTATIVE(S) Boesenecker and Catlin, Exum, Froelich,
6-Gray, Hooton, Pico, Rich, Sullivan, Valdez D., Van Winkle, Bockenfeld,
7-Caraveo, Duran, Lindsay, Lontine, Lynch, McCluskie, McCormick,
8-McLachlan, Mullica, Soper, Titone, Van Beber, Woodrow, Young, Pelton.
9+Senate Committees House Committees
10+Transportation & Energy Agriculture, Livestock, & Water
11+A BILL FOR AN ACT
912 C
10-ONCERNING THE DETERMINATION THAT A LOAD OF FLUID MILK PRODUCTS
11-HAULED BY A VEHICLE IS NOT A DIVISIBLE LOAD UNDER THE VEHICLE
12-WEIGHT LIMITS PERMITTED BY LAW
13-.
14-
15-Be it enacted by the General Assembly of the State of Colorado:
16-SECTION 1. Legislative declaration. (1) The general assembly
17-hereby finds and declares that:
18-(a) In 2015, the United States Congress passed the "Fixing
19-America's Surface Transportation Act", Pub.L. 114-94, also known as the
20-"FAST Act";
21-(b) The "FAST Act" includes a provision in 23 U.S.C. sec. 127
22-NOTE: This bill has been prepared for the signatures of the appropriate legislative
23-officers and the Governor. To determine whether the Governor has signed the bill
24-or taken other action on it, please consult the legislative status sheet, the legislative
25-history, or the Session Laws.
26-________
27-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28-through words or numbers indicate deletions from existing law and such material is not part of
29-the act. (a)(13) that reads "A vehicle carrying fluid milk products shall be
30-considered a load that cannot be easily dismantled or divided
31-[nondivisible].";
32-(c) Congress designated fluid milk as a nondivisible load because
33-milk drivers must pick up the entire stock of milk that a dairy farm produces
34-every day and deliver it to the dairy;
35-(d) The Colorado department of transportation promulgated a rule
36-to conform with the provision in the "FAST Act", but the rule was
37-inconsistent with and narrower than the provision; and
38-(e) With respect to the provision in the "FAST Act", this act merely
39-harmonizes Colorado law with the "FAST Act".
40-SECTION 2. In Colorado Revised Statutes, 42-4-510, add (1)(d)
41-as follows:
42-42-4-510. Permits for excess size and weight and for
43-manufactured homes - rules - definitions. (1) (d) F
44-OR THE PURPOSES OF
45-THIS SECTION
46-, SECTION 42-4-511, AND ANY RULE PROMULGATED UNDER THIS
47-SECTION OR SECTION
48-42-4-511, A LOAD OF FLUID MILK PRODUCTS CARRIED
49-BY A VEHICLE IS DEEMED TO NOT BE A DIVISIBLE LOAD
50-.
51-SECTION 3. Safety clause. The general assembly hereby finds,
52-PAGE 2-SENATE BILL 22-017 determines, and declares that this act is necessary for the immediate
53-preservation of the public peace, health, or safety.
54-____________________________ ____________________________
55-Steve Fenberg Alec Garnett
56-PRESIDENT OF SPEAKER OF THE HOUSE
57-THE SENATE OF REPRESENTATIVES
58-____________________________ ____________________________
59-Cindi L. Markwell Robin Jones
60-SECRETARY OF CHIEF CLERK OF THE HOUSE
61-THE SENATE OF REPRESENTATIVES
62- APPROVED________________________________________
63- (Date and Time)
64- _________________________________________
65- Jared S. Polis
66- GOVERNOR OF THE STATE OF COLORADO
67-PAGE 3-SENATE BILL 22-017
13+ONCERNING THE DETERMINATION THAT A LOAD OF FLUID MILK101
14+PRODUCTS HAULED BY A VEHICLE IS NOT A DIVISIBLE LOAD102
15+UNDER THE VEHICLE WEIGHT LIMITS PERMITTED BY LAW .103
16+Bill Summary
17+(Note: This summary applies to this bill as introduced and does
18+not reflect any amendments that may be subsequently adopted. If this bill
19+passes third reading in the house of introduction, a bill summary that
20+applies to the reengrossed version of this bill will be available at
21+http://leg.colorado.gov/
22+.)
23+Transportation Legislation Review Committee. Current law has
24+weight limits for vehicles. One of the factors that determines a vehicle's
25+weight limit is whether a load is divisible, which means that the load can
26+be divided up to lower its weight. The bill deems that a load of fluid milk
27+products carried by a vehicle is not a divisible load.
28+HOUSE
29+3rd Reading Unamended
30+February 18, 2022
31+HOUSE
32+2nd Reading Unamended
33+February 17, 2022
34+SENATE
35+3rd Reading Unamended
36+February 8, 2022
37+SENATE
38+2nd Reading Unamended
39+February 7, 2022
40+SENATE SPONSORSHIP
41+Scott and Zenzinger, Coram, Donovan, Hisey, Cooke, Garcia, Gardner, Kirkmeyer,
42+Kolker, Lundeen, Priola, Rankin, Simpson, Sonnenberg, Winter, Woodward
43+HOUSE SPONSORSHIP
44+Boesenecker and Catlin, Exum, Froelich, Gray, Hooton, Pico, Rich, Sullivan, Valdez D.,
45+Van Winkle, Bockenfeld, Caraveo, Duran, Lindsay, Lontine, Lynch, McCluskie, McCormick,
46+McLachlan, Mullica, Pelton, Soper, Titone, Van Beber, Woodrow, Young
47+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
48+Capital letters or bold & italic numbers indicate new material to be added to existing statute.
49+Dashes through the words indicate deletions from existing statute. Be it enacted by the General Assembly of the State of Colorado:1
50+SECTION 1. Legislative declaration. (1) The general assembly2
51+hereby finds and declares that:3
52+(a) In 2015, the United States Congress passed the "Fixing4
53+America's Surface Transportation Act", Pub.L. 114-94, also known as the5
54+"FAST Act";6
55+(b) The FAST Act includes a provision in 23 U.S.C. sec. 1277
56+(a)(13) that reads "A vehicle carrying fluid milk products shall be8
57+considered a load that cannot be easily dismantled or divided9
58+[nondivisible].";10
59+(c) Congress designated fluid milk as a nondivisible load because11
60+milk drivers must pick up the entire stock of milk that a dairy farm12
61+produces every day and deliver it to the dairy;13
62+(d) The Colorado department of transportation promulgated a rule14
63+to conform with the provision in the FAST Act, but the rule was15
64+inconsistent with and narrower than the provision; and16
65+(e) With respect to the provision in the FAST Act, this act merely17
66+harmonizes Colorado law with the FAST Act.18
67+SECTION 2. In Colorado Revised Statutes, 42-4-510, add (1)(d)19
68+as follows:20
69+42-4-510. Permits for excess size and weight and for21
70+manufactured homes - rules - definition. (1) (d) F
71+OR THE PURPOSES OF22
72+THIS SECTION, SECTION 42-4-511, AND ANY RULE PROMULGATED UNDER23
73+THIS SECTION OR SECTION 42-4-511, A LOAD OF FLUID MILK PRODUCTS24
74+CARRIED BY A VEHICLE IS DEEMED TO NOT BE A DIVISIBLE LOAD .25
75+SECTION 3. Safety clause. The general assembly hereby finds,26
76+017-2- determines, and declares that this act is necessary for the immediate1
77+preservation of the public peace, health, or safety.2
78+017
79+-3-