HOUSE BILL No. 4807

 

 

June 20, 2017, Introduced by Rep. Lauwers and referred to the Committee on Transportation and Infrastructure.

 

     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superseded by other schedules , filed in the manner above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 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force until superseded as provided by law.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, 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, 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, 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, regulation,


or service. 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, 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, 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 order made by the Michigan public utilities

 

commission department of state police prescribing or affecting any

 

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

 

of any carrier by water within this state, shall be is subject to

 

review in the same manner as is now provided by law for the review

 

of orders made by said the Michigan public utilities service

 

commission.

 

     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

 

an adjusted rate, fare, charge, or tariff charged by carriers by

 

water that transport vehicles that are operated on a nonprofit

 

basis by this state. The department of state police shall adjust

 

the rate, fare, charge, or tariff of the carriers by water that are

 

operated on a nonprofit basis by this state to reflect the amount

 

of subsidy that the carrier receives, as well as the after-tax cost

 

of capital acquisition and a reasonable after-tax profit. The

 

department of state police shall determine the reasonable after-tax

 

profit based on the most recent data from the Bureau of Labor

 

Statistics for NAICS 483114. 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 below the adjusted rate, fare,

 

charge, or tariff described in this section. The department of

 

state police shall not audit any carrier by water whose proposed

 

rate, fare, charge, or tariff is less than the adjusted rate, fare,

 

charge, or tariff described in this section. Any carrier by water

 

that meets the criteria of this section is considered an

 

instrumentality of the state.

 

     Enacting section 1. This amendatory act takes effect 90 days


after the date it is enacted into law.