| 1 | | - | Date of enactment: March 21, 2024 |
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| 2 | | - | 2023 Senate Bill 431 Date of publication*: March 22, 2024 |
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| 3 | | - | 2023 WISCONSIN ACT 158 |
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| 4 | | - | AN ACT to amend 348.15 (5r) and 348.25 (4) (intro.); and to create 348.27 (20) of the statutes; relating to: permits |
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| 5 | | - | for the overweight transport of certain fluid milk products. |
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| 6 | | - | The people of the state of Wisconsin, represented in |
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| 7 | | - | senate and assembly, do enact as follows: |
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| 8 | | - | SECTION 1. 348.15 (5r) of the statutes is amended to |
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| 9 | | - | read: |
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| 10 | | - | 348.15 (5r) Irrespective of sub. (5), in determining |
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| 11 | | - | overweight under sub. (3) the results of weighing by |
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| 12 | | - | means of either portable scales or certified stationary |
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| 13 | | - | scales shall be admissible as evidence. In all cases where |
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| 14 | | - | a vehicle is weighed on a certified stationary scale, axles |
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| 15 | | - | less than 6 feet apart shall be weighed as one unit. |
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| 16 | | - | SECTION 2. 348.25 (4) (intro.) of the statutes is |
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| 17 | | - | amended to read: |
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| 18 | | - | 348.25 (4) (intro.) Except as provided under s. |
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| 19 | | - | 348.26 (4), (6), or (7) or 348.27 (3), (3m), (4m), (9), (9m), |
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| 20 | | - | (9r), (9t), (10), (12), (15), (16), (18), or (19), or (20), per- |
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| 21 | | - | mits shall be issued only for the transporting of a single |
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| 22 | | - | article or vehicle which exceeds statutory size, weight or |
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| 23 | | - | load limitations and which cannot reasonably be divided |
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| 24 | | - | or reduced to comply with statutory size, weight or load |
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| 25 | | - | limitations, except that: |
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| 26 | | - | SECTION 3. 348.27 (20) of the statutes is created to |
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| 27 | | - | read: |
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| 28 | | - | 348.27 (20) TRANSPORTATION OF CERTAIN FLUID MILK |
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| 29 | | - | PRODUCTS. (a) In this subsection, “fluid milk product” |
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| 30 | | - | includes raw milk and liquid milk products and byprod- |
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| 31 | | - | ucts, including liquid whey and whey byproducts. |
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| 32 | | - | (b) Subject to par. (c), the department may issue |
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| 33 | | - | annual or consecutive month permits for the transporta- |
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| 34 | | - | tion of fluid milk product to processing facilities in vehi- |
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| 35 | | - | cle combinations that exceed the maximum gross weight |
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| 36 | | - | limitations under s. 348.15 (3) (c) by not more than |
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| 37 | | - | 18,000 pounds if the vehicle combination has 6 or more |
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| 38 | | - | axles and the gross weight imposed on the highway by the |
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| 39 | | - | wheels of any one axle of the vehicle combination does |
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| 40 | | - | not exceed 18,000 pounds, except that the gross weight |
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| 41 | | - | imposed on the highway by the wheels of any steering |
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| 42 | | - | axle on the power unit may not exceed the greater of |
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| 43 | | - | 13,000 pounds or the manufacturer’s rated capacity, but |
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| 44 | | - | not to exceed 18,000 pounds. Notwithstanding s. 348.15 |
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| 45 | | - | (8), any axle of a vehicle combination that does not |
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| 46 | | - | impose on the highway at least 8 percent of the gross |
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| 47 | | - | weight of the vehicle combination may not be counted as |
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| 48 | | - | an axle for the purposes of this paragraph. A permit |
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| 49 | | - | issued under this subsection does not authorize the opera- |
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| 50 | | - | tion of any vehicle combination at a maximum gross |
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| 51 | | - | weight in excess of 98,000 pounds. This paragraph does |
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| 52 | | - | not apply on any highway that is a part of the national sys- |
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| 53 | | - | tem of interstate and defense highways. |
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| 54 | | - | (c) The department may not differentiate between |
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| 55 | | - | types of fluid milk product in imposing conditions for |
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| 56 | | - | permits under this subsection. |
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| 57 | | - | * Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s |
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| 58 | | - | partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 158 2023 Senate Bill 431 |
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| 59 | | - | (d) 1. The department shall suspend a permit issued |
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| 60 | | - | under par. (b) if the person operating under the permit |
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| 61 | | - | does any of the following: |
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| 62 | | - | a. Violates any weight limitation specified in the per- |
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| 63 | | - | mit more than 2 times during the valid period of the per- |
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| 64 | | - | mit. |
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| 65 | | - | b. Violates any weight limitation specified in the per- |
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| 66 | | - | mit by exceeding the weight limitation by 10,000 or more |
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| 67 | | - | pounds. |
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| 68 | | - | 2. A suspension under subd. 1. shall be for a period |
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| 69 | | - | of 6 months. If the remaining valid period of the permit |
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| 70 | | - | at the time of the suspension is less than 6 months, the |
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| 71 | | - | person may not apply for, or operate under, any other per- |
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| 72 | | - | mit issued under par. (b) for a period of 6 months from the |
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| 73 | | - | suspension. |
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| 1 | + | LRB-4167/1 |
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| 2 | + | EVM:cdc&skw |
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| 3 | + | 2023 - 2024 LEGISLATURE |
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| 4 | + | 2023 SENATE BILL 431 |
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| 5 | + | September 8, 2023 - Introduced by Senators BALLWEG, CABRAL-GUEVARA, COWLES, |
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| 6 | + | FEYEN, MARKLEIN, NASS and TESTIN, cosponsored by Representatives KURTZ, |
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| 7 | + | SCHMIDT, ARMSTRONG, BORN, C. ANDERSON, EDMING, GOEBEN, GUNDRUM, |
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| 8 | + | GUSTAFSON, KRUG, MAGNAFICI, MURSAU, NEDWESKI, NOVAK, O'CONNOR, |
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| 9 | + | OLDENBURG, PENTERMAN, SORTWELL and STUBBS. Referred to Committee on |
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| 10 | + | Transportation and Local Government. |
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| 11 | + | AN ACT to amend 348.25 (4) (intro.); and to create 348.27 (20) of the statutes; |
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| 12 | + | relating to: permits for the overweight transport of certain fluid milk |
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| 13 | + | products. |
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| 14 | + | Analysis by the Legislative Reference Bureau |
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| 15 | + | This bill authorizes the Department of Transportation to issue annual or |
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| 16 | + | consecutive month permits for the transportation of fluid milk product in vehicle |
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| 17 | + | combinations that exceed general highway weight limitations. In general, a permit |
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| 18 | + | may authorize the operation of a vehicle that exceeds the general highway weight |
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| 19 | + | limitations by up to 18,000 pounds, subject to a maximum weight of 98,000 pounds. |
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| 20 | + | The bill also prohibits DOT from imposing different conditions for these permits for |
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| 21 | + | different fluid milk products. “Fluid milk product” is defined under the bill to include |
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| 22 | + | raw milk and liquid milk products and byproducts, including liquid whey and whey |
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| 23 | + | byproducts. |
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| 24 | + | For further information see the state and local fiscal estimate, which will be |
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| 25 | + | printed as an appendix to this bill. |
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| 26 | + | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 27 | + | enact as follows: |
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| 28 | + | SECTION 1. 348.25 (4) (intro.) of the statutes is amended to read: |
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| 29 | + | 1 |
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| 31 | + | 3 |
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| 32 | + | 4 - 2 -2023 - 2024 Legislature LRB-4167/1 |
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| 33 | + | EVM:cdc&skw |
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| 34 | + | SECTION 1 SENATE BILL 431 |
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| 35 | + | 348.25 (4) (intro.) Except as provided under s. 348.26 (4), (6), or (7) or 348.27 |
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| 36 | + | (3), (3m), (4m), (9), (9m), (9r), (9t), (10), (12), (15), (16), (18), or (19), or (20), permits |
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| 37 | + | shall be issued only for the transporting of a single article or vehicle which exceeds |
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| 38 | + | statutory size, weight or load limitations and which cannot reasonably be divided or |
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| 39 | + | reduced to comply with statutory size, weight or load limitations, except that: |
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| 40 | + | SECTION 2. 348.27 (20) of the statutes is created to read: |
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| 41 | + | 348.27 (20) TRANSPORTATION OF CERTAIN FLUID MILK PRODUCTS. (a) In this |
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| 42 | + | subsection, “fluid milk product” includes raw milk and liquid milk products and |
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| 43 | + | byproducts, including liquid whey and whey byproducts. |
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| 44 | + | (b) Subject to par. (c), the department may issue annual or consecutive month |
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| 45 | + | permits for the transportation of fluid milk product in vehicle combinations that |
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| 46 | + | exceed the maximum gross weight limitations under s. 348.15 (3) (c) by not more than |
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| 47 | + | 18,000 pounds if the vehicle combination has 6 or more axles and the gross weight |
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| 48 | + | imposed on the highway by the wheels of any one axle of the vehicle combination does |
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| 49 | + | not exceed 18,000 pounds, except that the gross weight imposed on the highway by |
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| 50 | + | the wheels of any steering axle on the power unit may not exceed the greater of 13,000 |
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| 51 | + | pounds or the manufacturer's rated capacity, but not to exceed 18,000 pounds. |
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| 52 | + | Notwithstanding s. 348.15 (8), any axle of a vehicle combination that does not impose |
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| 53 | + | on the highway at least 8 percent of the gross weight of the vehicle combination may |
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| 54 | + | not be counted as an axle for the purposes of this paragraph. A permit issued under |
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| 55 | + | this subsection does not authorize the operation of any vehicle combination at a |
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| 56 | + | maximum gross weight in excess of 98,000 pounds. |
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| 57 | + | (c) The department may not impose different conditions for permits under this |
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| 58 | + | subsection for different fluid milk products. |
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| 59 | + | (END) |
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