SENATE BILL 22-017
BY SENATOR(S) Scott and Zenzinger, Coram, Donovan, Hisey, Cooke,
Gardner, Kirkmeyer, Kolker, Lundeen, Priola, Rankin, Simpson,
Sonnenberg, Winter, Woodward, Garcia;
also REPRESENTATIVE(S) Boesenecker and Catlin, Exum, Froelich,
Gray, Hooton, Pico, Rich, Sullivan, Valdez D., Van Winkle, Bockenfeld,
Caraveo, Duran, Lindsay, Lontine, Lynch, McCluskie, McCormick,
McLachlan, Mullica, Soper, Titone, Van Beber, Woodrow, Young, Pelton.
C
ONCERNING THE DETERMINATION THAT A LOAD OF FLUID MILK PRODUCTS
HAULED BY A VEHICLE IS NOT A DIVISIBLE LOAD UNDER THE VEHICLE
WEIGHT LIMITS PERMITTED BY LAW
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
hereby finds and declares that:
(a) In 2015, the United States Congress passed the "Fixing
America's Surface Transportation Act", Pub.L. 114-94, also known as the
"FAST Act";
(b) The "FAST Act" includes a provision in 23 U.S.C. sec. 127
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (a)(13) that reads "A vehicle carrying fluid milk products shall be
considered a load that cannot be easily dismantled or divided
[nondivisible].";
(c) Congress designated fluid milk as a nondivisible load because
milk drivers must pick up the entire stock of milk that a dairy farm produces
every day and deliver it to the dairy;
(d) The Colorado department of transportation promulgated a rule
to conform with the provision in the "FAST Act", but the rule was
inconsistent with and narrower than the provision; and
(e) With respect to the provision in the "FAST Act", this act merely
harmonizes Colorado law with the "FAST Act".
SECTION 2. In Colorado Revised Statutes, 42-4-510, add (1)(d)
as follows:
42-4-510. Permits for excess size and weight and for
manufactured homes - rules - definitions. (1) (d) F
OR THE PURPOSES OF
THIS SECTION
, SECTION 42-4-511, AND ANY RULE PROMULGATED UNDER THIS
SECTION OR SECTION
42-4-511, A LOAD OF FLUID MILK PRODUCTS CARRIED
BY A VEHICLE IS DEEMED TO NOT BE A DIVISIBLE LOAD
.
SECTION 3. Safety clause. The general assembly hereby finds,
PAGE 2-SENATE BILL 22-017 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 3-SENATE BILL 22-017