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

Statutes affected:
Bill Text: 348.25(4)(intro.), 348.25