| 1 | 1 | | LRB-3220/1 |
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| 2 | 2 | | EVM:cdc&skw |
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| 3 | 3 | | 2023 - 2024 LEGISLATURE |
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| 4 | 4 | | 2023 ASSEMBLY BILL 440 |
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| 5 | 5 | | September 28, 2023 - Introduced by Representatives KURTZ, SCHMIDT, ARMSTRONG, |
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| 6 | 6 | | BORN, C. ANDERSON, EDMING, GOEBEN, GUNDRUM, GUSTAFSON, KRUG, |
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| 7 | 7 | | MAGNAFICI, MURSAU, NEDWESKI, NOVAK, O'CONNOR, OLDENBURG, PENTERMAN, |
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| 8 | 8 | | SORTWELL and STUBBS, cosponsored by Senators BALLWEG, CABRAL-GUEVARA, |
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| 9 | 9 | | COWLES, FEYEN, MARKLEIN, NASS and TESTIN. Referred to Committee on |
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| 10 | 10 | | Agriculture. |
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| 11 | 11 | | ***AUTHORS SUBJECT TO CHANGE*** |
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| 12 | 12 | | AN ACT to amend 348.25 (4) (intro.); and to create 348.27 (20) of the statutes; |
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| 13 | 13 | | relating to: permits for the overweight transport of certain fluid milk |
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| 14 | 14 | | products. |
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| 15 | 15 | | Analysis by the Legislative Reference Bureau |
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| 16 | 16 | | This bill authorizes the Department of Transportation to issue annual or |
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| 17 | 17 | | consecutive month permits for the transportation of fluid milk product in vehicle |
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| 18 | 18 | | combinations that exceed general highway weight limitations. In general, a permit |
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| 19 | 19 | | may authorize the operation of a vehicle that exceeds the general highway weight |
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| 20 | 20 | | limitations by up to 18,000 pounds, subject to a maximum weight of 98,000 pounds. |
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| 21 | 21 | | The bill also prohibits DOT from imposing different conditions for these permits for |
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| 22 | 22 | | different fluid milk products. “Fluid milk product” is defined under the bill to include |
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| 23 | 23 | | raw milk and liquid milk products and byproducts, including liquid whey and whey |
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| 24 | 24 | | byproducts. |
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| 25 | 25 | | For further information see the state and local fiscal estimate, which will be |
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| 26 | 26 | | printed as an appendix to this bill. |
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| 27 | 27 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 28 | 28 | | enact as follows: |
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| 29 | 29 | | SECTION 1. 348.25 (4) (intro.) of the statutes is amended to read: |
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| 33 | 33 | | 4 - 2 -2023 - 2024 Legislature LRB-3220/1 |
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| 34 | 34 | | EVM:cdc&skw |
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| 35 | 35 | | SECTION 1 ASSEMBLY BILL 440 |
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| 36 | 36 | | 348.25 (4) (intro.) Except as provided under s. 348.26 (4), (6), or (7) or 348.27 |
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| 37 | 37 | | (3), (3m), (4m), (9), (9m), (9r), (9t), (10), (12), (15), (16), (18), or (19), or (20), permits |
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| 38 | 38 | | shall be issued only for the transporting of a single article or vehicle which exceeds |
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| 39 | 39 | | statutory size, weight or load limitations and which cannot reasonably be divided or |
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| 40 | 40 | | reduced to comply with statutory size, weight or load limitations, except that: |
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| 41 | 41 | | SECTION 2. 348.27 (20) of the statutes is created to read: |
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| 42 | 42 | | 348.27 (20) TRANSPORTATION OF CERTAIN FLUID MILK PRODUCTS. (a) In this |
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| 43 | 43 | | subsection, “fluid milk product” includes raw milk and liquid milk products and |
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| 44 | 44 | | byproducts, including liquid whey and whey byproducts. |
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| 45 | 45 | | (b) Subject to par. (c), the department may issue annual or consecutive month |
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| 46 | 46 | | permits for the transportation of fluid milk product in vehicle combinations that |
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| 47 | 47 | | exceed the maximum gross weight limitations under s. 348.15 (3) (c) by not more than |
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| 48 | 48 | | 18,000 pounds if the vehicle combination has 6 or more axles and the gross weight |
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| 49 | 49 | | imposed on the highway by the wheels of any one axle of the vehicle combination does |
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| 50 | 50 | | not exceed 18,000 pounds, except that the gross weight imposed on the highway by |
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| 51 | 51 | | the wheels of any steering axle on the power unit may not exceed the greater of 13,000 |
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| 52 | 52 | | pounds or the manufacturer's rated capacity, but not to exceed 18,000 pounds. |
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| 53 | 53 | | Notwithstanding s. 348.15 (8), any axle of a vehicle combination that does not impose |
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| 54 | 54 | | on the highway at least 8 percent of the gross weight of the vehicle combination may |
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| 55 | 55 | | not be counted as an axle for the purposes of this paragraph. A permit issued under |
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| 56 | 56 | | this subsection does not authorize the operation of any vehicle combination at a |
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| 57 | 57 | | maximum gross weight in excess of 98,000 pounds. |
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| 58 | 58 | | (c) The department may not impose different conditions for permits under this |
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| 59 | 59 | | subsection for different fluid milk products. |
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| 60 | 60 | | (END) |
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