HB-4807, As Passed House, November 2, 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4807

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1921 PA 246, entitled

 

"An act to regulate the service, rates, fares and charges of

carriers by water within this state,"

 

by amending sections 1, 2, 3, 4, 5, and 6 (MCL 460.201, 460.202,

 

460.203, 460.204, 460.205, and 460.206) and by adding section 7.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. Any and all persons, firms, and corporations engaged

 

in the transportation of freight, passengers, or express, by water,

 

wholly within this state, shall, within 30 days after this act

 

shall take takes effect, make and file, with the Michigan public

 

utilities commission in such the form as it shall prescribe,

 

prescribed, its schedule of rates, fares, and charges for the

 

carrying of freight, passengers, and express. ; which said The

 

filed rates, fares, and charges shall continue in force until


superseded by other schedules , filed in the manner above

 

prescribed, by said carrier, with the Michigan public utilities

 

commission: Provided, however, That said Michigan public utilities

 

commission with the department of state police as provided in this

 

section. The department of state police shall make a decision on

 

all filed rates, fares, and charges within 30 days after the rates,

 

fares, and charges are filed. The department of state police may,

 

either upon request , or upon its own motion, suspend the operation

 

of any filed rate, fare, charge, or tariff filed as aforesaid, for

 

a period not exceeding 30 days. ; and in case any such If a filed

 

rate, fare, charge, or tariff shall be is suspended by said

 

Michigan public utilities commission, it the department of state

 

police, the department shall give the interested carrier immediate

 

notice thereof, of the suspension and shall, within 10 days from

 

the date of such the suspension, shall fix a date of hearing, set a

 

hearing date not more than 20 days from the date of said the

 

suspension. , and The department of state police shall give notice

 

thereof of the hearing date to said the carrier and to other

 

interested persons. in interest, who may be heard; and after said

 

After the hearing, said commission the department of state police

 

shall fix set the rate, fare, charge, or tariff in the matter

 

complained of, ; and such that rate, fare, charge, or tariff , when

 

so fixed, shall continue continues to be the legal rate, fare,

 

charge, or tariff in force until superseded as provided by law. :

 

Provided, That any Any ferry company operating within any

 

municipality under an agreement with such that municipality shall

 

is not be affected either as to fares or as to operation by this


act.

 

     Sec. 2. The Michigan public utilities commission Except as

 

otherwise provided in section 7, the department of state police may

 

examine and audit any and all books, accounts, records, and papers

 

of any such a carrier by water. , and audit the same; and it shall

 

be the duty of any such carrier by water, to A carrier by water

 

shall furnish to said Michigan public utilities commission, the

 

department of state police, its proper officers, and employes,

 

employees, any and all data in relation to its investment, income,

 

operating expenses, and such other statistical data as it the

 

department may require.

 

     Sec. 3. The Michigan public utilities commission department of

 

state police is hereby authorized, empowered, and directed to make

 

all needful necessary rules and regulations governing its

 

investigations of the affairs of such carriers by water , and to

 

prescribe the form of all reports required from such those

 

carriers.

 

     Sec. 4. Whenever If any complaint shall be is made to said

 

Michigan public utilities commission the department of state police

 

by any person, firm, or corporation against any rate, fare, charge,

 

or tariff of any carrier by water within this state, or against any

 

rule , or regulation , or service of such a carrier , by water or

 

against the neglect, failure, or refusal of any such a carrier by

 

water to make, observe, or perform any rate, fare, charge, or

 

tariff, or any rule , or regulation, or service, said Michigan

 

public utilities commission the department of state police shall

 

investigate the same, matter, and it the department may regulate


the performance or observance of any rate, fare, charge, or tariff,

 

and any rule , or regulation, or service, and may prescribe the

 

same to be observed by such require the carrier : Provided, That

 

such to observe the rate, fare, charge, or tariff and any rule or

 

regulation. A carrier shall by water is in all cases be entitled to

 

reasonable notice and an opportunity to be heard on such an

 

investigation before any rate, fare, charge, or tariff, or any rule

 

, or regulation , or service shall be is prescribed, established,

 

or imposed by said commission, in accordance with the terms of the

 

department of state police as provided in this section, and when if

 

any rate, fare, charge, or tariff, or any rule , or regulation , or

 

service shall be is prescribed, established, or imposed by said

 

commission, it shall thereafter be the duty of said carrier to the

 

department of state police, the carrier by water shall observe and

 

obey the same.

 

     Sec. 5. Any A carrier by water may appeal any order or

 

decision made by the Michigan public utilities commission

 

department of state police prescribing or affecting any rate, fare,

 

charge, or tariff, or any rule , or regulation , or service of any

 

carrier by water within this state, shall be subject to review in

 

the same manner as is now provided by law for the review appeal of

 

orders made by said Michigan public utilities commission.under

 

section 26 of 1909 PA 300, MCL 462.26.

 

     Sec. 6. Any person, firm, or corporation violating any of the

 

provisions of this act, or any order of the Michigan public

 

utilities commission department of state police made in pursuance

 

thereof, pursuant to this act, shall be punishable punished by a


fine not to exceed 100 dollars of not more than $100.00 for each

 

violation. , and any Any officer or director of any corporation

 

violating the provisions of this act, or any of the orders of the

 

Michigan public utilities commission department of state police

 

made in pursuance thereof, pursuant to this act, shall be

 

punishable punished by a fine not exceeding 100 dollars of not more

 

than $100.00 for each such violation, or by imprisonment in the

 

county jail for not more than 3 months, or by both such fine and

 

punishment, in the discretion of the court.

 

     Sec. 7. The department of state police shall compare the

 

proposed rate, fare, charge, or tariff of any carrier by water that

 

primarily transports vehicles directly between 2 state highways to

 

the rates, fares, charges, or tariffs charged by comparable

 

carriers by water. The department of state police shall

 

automatically approve any proposed rate, fare, charge, or tariff of

 

any carrier by water that primarily transports vehicles directly

 

between 2 state highways that is less than the rates, fares,

 

charges, or tariffs charged by comparable carriers by water. The

 

department of state police shall not audit any carrier by water

 

whose proposed rate, fare, charge, or tariff is less than the

 

rates, fares, charges, or tariffs charged by comparable carriers by

 

water. The department of state police may approve a proposed rate,

 

fare, charge, or tariff of any carrier by water that primarily

 

transports vehicles directly between 2 state highways that is more

 

than the rates, fares, charges, or tariffs charged by comparable

 

carriers by water if, based on justification submitted by the

 

carrier by water, the department of state police finds the rate,


fare, charge, or tariff is reasonable. If the department of state

 

police determines that a rate, fare, charge, or tariff is not

 

reasonable, the department of state police shall, within 15 days

 

after that determination, meet with the carrier by water and

 

explain the reasons for its determination. Any carrier by water

 

that meets the criteria of this section is deemed an

 

instrumentality of the state.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.