PRINTER'S NO. 1036
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
915
Session of
2019
INTRODUCED BY CAUSER, PASHINSKI, BARRAR, BERNSTINE, BOBACK,
BOROWICZ, CALTAGIRONE, DIAMOND, FREEMAN, GREGORY, HAHN,
HERSHEY, HICKERNELL, JAMES, KAUFFMAN, M. K. KELLER, LAWRENCE,
LONGIETTI, MASSER, METCALFE, METZGAR, MILLARD, MURT,
OBERLANDER, OWLETT, PEIFER, PICKETT, RAPP, READSHAW, TOOHIL,
TOPPER AND ZIMMERMAN, MARCH 20, 2019
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MARCH 20, 2019
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. Sections 4968(a.2)(4) and (b) and 6108(a) of
Title 75 of the Pennsylvania Consolidated Statutes are amended
to read:
§ 4968. Permit for movement during course of manufacture.
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(a.2) Specifications.--
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(4) 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
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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 gross weight does
not exceed 95,000 pounds and the weight of any nonsteering
axle does not exceed 21,000 pounds. 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.
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(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Bulk milk." The term shall mean milk, 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.
"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.
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(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.
§ 6108. Power of Governor during emergency.
(a) General rule.--[In] Except as provided under 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.
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* * *
Section 2. This act shall take effect in 60 days.
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