Regular Session 2023-2024 Senate Bill 0153 P.N. 1916

PRIOR PRINTER'S NO. 125

PRINTER'S NO. 1916

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

153

Session of

2023

INTRODUCED BY J. WARD, YAW, BARTOLOTTA, PHILLIPS-HILL, DUSH,

LANGERHOLC, BROOKS, SCHWANK, STEFANO, STREET, VOGEL, MARTIN,

HUTCHINSON, ARGALL, AUMENT, REGAN, PENNYCUICK AND ROTHMAN,

JANUARY 19, 2023

AS AMENDED ON THIRD CONSIDERATION, SEPTEMBER 30, 2024

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in size, weight and load, further providing for

permit for movement during course of manufacture; and, in

powers of department and local authorities, further providing

for power of Governor during emergency.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 4968(a.2)(4) and (b) of Title 75 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 4968. Permit for movement during course of manufacture.

* * *

(a.2) Specifications.--

* * *

(4) (i) A combination [of vehicles] which is hauling

milk to or from a [manufacturer] milk plant or to or from

a dairy farm, or is traveling to a dairy farm to pick up

milk, may be permitted by the department and local

authorities to move upon highways within their respective

jurisdictions 24 hours a day, seven days a week, [except

during inclement weather as defined in department

regulations,] if [the] all of the following apply:

(A) The combination is identified as a licensed

milk hauler by a decal issued by the Pennsylvania

Milk Marketing Board, at a fee set by the

Pennsylvania Milk Marketing Board. A ONE-TIME DECAL,

DESIGNED AND ISSUED BY THE BOARD, THAT IDENTIFIES THE

COMBINATION AS A LICENSED MILK HAULER IS PLACED ON

THE DRIVER'S SIDE OF THE CAB OF THE COMBINATION. THE

BOARD SHALL CHARGE A FEE FOR THE ISSUANCE OF THE

DECAL, THE AMOUNT OF WHICH FEE MAY NOT EXCEED THE

ADMINISTRATIVE COSTS OF PRODUCING AND ISSUING THE

DECAL, AND SHALL IMPOSE THE SAME FEE TO REPLACE A

DECAL THAT HAS BEEN LOST, STOLEN, DAMAGED OR BECOME

ILLEGIBLE.

(B) The gross weight does not exceed 95,000

pounds and the weight of any nonsteering axle does

not exceed 21,000 pounds.

(ii) A permit may be issued for this type of

movement upon an interstate highway. An application to

the department for the movement of milk, except for raw

milk, shall designate the route the applicant requests to

use.

* * *

(b) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"BOARD." THE PENNSYLVANIA MILK BOARD.

"Bulk milk." The term shall mean milk, as defined in section

20230SB0153PN1916 - 2 -

<--

1 of the act of July 2, 1935 (P.L.589, No.210), referred to as

the Milk Sanitation Law, which is not transported in packages.

"Condensed milk" and "evaporated milk." The term shall mean

manufactured dairy products as defined in section 1 of the act

of July 2, 1935 (P.L.589, No.210), referred to as the Milk

Sanitation Law, which is not transported in packages.

"Dairy farm." As defined in section 1 of the act of July 2,

1935 (P.L.589, No.210), referred to as the Milk Sanitation Law.

"Hot box." Consists of an enclosure consisting of welded

steel plate chained to a semitrailer with a removable lid lined

with refraction for purposes of insulation and retention of

heat.

"Milk." The term shall mean any of the following:

(1) Bulk milk.

(2) Evaporated milk.

(3) Raw milk.

(4) Condensed milk.

"Milk plant." As defined in section 1 of the act of July 2,

1935 (P.L.589, No.210), referred to as the Milk Sanitation Law.

"Raw milk." [Has the meaning given to it in] As defined in

section 8(a) of the act of July 2, 1935 (P.L.589, No.210),

referred to as the Milk Sanitation Law.

"Sugar." The term shall refer to granulated raw, semi-

refined or refined sugar derived from the processing of sugar

cane or sugar beets, requiring further processing and not

intended for direct consumption or retail sale.

Section 2. Section 6108(a) of Title 75 is amended and the

section is amended by adding a subsection to read:

§ 6108. Power of Governor during emergency.

(a) General rule.--[In] Except as provided under subsection

20230SB0153PN1916 - 3 -

(a.1) and section 4968(a.2)(4) (relating to permit for movement

during course of manufacture), in the event of a declared

National, State or local emergency when the Governor of this

Commonwealth, under 35 Pa.C.S. § 7301 (relating to general

authority of Governor), has made a specific determination that

modification of any of the provisions of this title will aid in

the alleviation of the stated emergency conditions, the Governor

shall have the power to so modify the provisions on any or all

highways in this Commonwealth to be effective at any or all

hours of the day or night with respect to any or all types or

classes of vehicles. Such modifications shall be specifically

stated in a proclamation or executive order as provided under 35

Pa.C.S. § 7301(c) and shall expire at the end of the emergency

period. No person, unless specifically exempted by the terms of

the declaration of emergency or by other provisions of the

statute or other laws, shall violate any of the terms,

conditions, provisions and modifications set forth by the

Governor.

(a.1) Exception.--A vehicle or combination which is hauling

milk to or from a milk plant or to or from a dairy farm, or is

traveling to a dairy farm to pick up milk, may move upon

highways 24 hours a day, seven days a week, if all of the

following apply:

(1) The vehicle or combination is identified as a

licensed milk hauler by a decal issued by the Pennsylvania

Milk Marketing Board, at a fee set by the Pennsylvania Milk

Marketing Board. DISPLAYS THE DECAL FOR A LICENSED MILK

HAULER AS PROVIDED IN SECTION 4968(A.2)(4)(I)(A) (RELATING TO

PERMIT FOR MOVEMENT DURING COURSE OF MANUFACTURE).

(2) The gross weight does not exceed 80,000 pounds.

20230SB0153PN1916 - 4 -

<--

* * *

Section 3. This act shall take effect in 60 days.

20230SB0153PN1916 - 5 -