Senate Bill 04-110
|The Amendment to the Bill|
SENATE BILL 04-110
BY SENATOR(S) Cairns, Groff, May R., and Teck;
also REPRESENTATIVE(S) Frangas, Berry, Borodkin, Boyd, Butcher,
Carroll, Coleman, Garcia, Madden, Marshall, Ragsdale, Romanoff, Sinclair,
Spence, Stafford, Vigil, Weddig, and Williams S.
Be it enacted by the General Assembly of the State of Colorado:
42-4-1407. Spilling loads on highways prohibited - prevention of spilling aggregate, trash, or recyclables. (2.4) (a) A VEHICLE SHALL NOT BE DRIVEN OR MOVED ON A HIGHWAY IF THE VEHICLE IS TRANSPORTING TRASH OR RECYCLABLES UNLESS:
(I) THE LOAD IS COVERED BY A TARP OR OTHER COVER IN A MANNER THAT PREVENTS THE LOAD FROM BLOWING, DROPPING, SHIFTING, LEAKING, OR OTHERWISE ESCAPING FROM THE VEHICLE;
(II) THE VEHICLE UTILIZES OTHER TECHNOLOGY THAT PREVENTS THE LOAD FROM BLOWING, DROPPING, SHIFTING, LEAKING, OR OTHERWISE ESCAPING FROM THE VEHICLE; OR
(III) THE LOAD IS REQUIRED TO BE SECURED UNDER 49 CFR PARTS 392 AND 393.
(b) PARAGRAPH (a) OF THIS SUBSECTION (2.4) SHALL NOT APPLY TO A MOTOR VEHICLE IN THE PROCESS OF COLLECTING TRASH OR RECYCLABLES WITHIN A ONE-MILE RADIUS OF THE MOTOR VEHICLE'S LAST COLLECTION POINT.
(2.7) For the purposes of this section:
(a) "Aggregate material" means any rock, clay, silts, gravel, limestone, dimension stone, marble, and shale; except that "aggregate material" does not include hot asphalt, including asphalt patching material, wet concrete, or other materials not susceptible to blowing.
(b) "RECYCLABLES" MEANS MATERIAL OR OBJECTS THAT CAN BE REUSED, REPROCESSED, REMANUFACTURED, RECLAIMED, OR RECYCLED.
(c) "TRASH" MEANS MATERIAL OR OBJECTS THAT HAVE BEEN OR ARE IN THE PROCESS OF BEING DISCARDED OR TRANSPORTED.
SECTION 2. Effective date - applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution (August 4, 2004, if adjournment sine die is on May 5, 2004); except that, if a referendum petition is filed against this act or an
item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor. (2) The provisions of this act shall apply to offenses committed on or after the effective date of this act.
John Andrews Lola Spradley
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
Mona Heustis Judith Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF COLORADO
NOTE: This bill has been prepared for the signature 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 indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act.