HOUSE BILL No. 5207


     December 9, 1999, Introduced by Reps. Garcia, Bisbee, Middaugh, Bradstreet, Birkholz,
Howell, Kuipers, Stallworth, Toy, Ruth Johnson, Thomas, Mortimer and Richardville and
referred to the Committee on Energy and Technology.


        A bill to amend 1939 PA 3, entitled

   "An act to provide for the regulation and control of public util-
   ities and other services affected with a public interest within
   this state; to create a public service commission and to pre-
   scribe and define its powers and duties; to abolish the Michigan
   public utilities commission and to confer the powers and duties
   vested by law therein on the public service commission; to pro-
   vide for the continuance, transfer, and completion of certain
   matters and proceedings; to abolish automatic adjustment clauses;
   to prohibit rate increases without notice and hearing; to qualify
   residential energy conservation programs permitted under state
   law for certain federal exemption; to provide for a restructuring
   of rates for certain utilities; to encourage the utilization of
   resource recovery facilities; to provide for appeals; to provide
   appropriations; to declare the effect of this act; to prescribe
   penalties; and to repeal all acts contrary to this act,"

   (MCL 460.1 to 460.8) by adding section 9k.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 9K.  (1) UPON THE FILING OF A COMPLAINT BY ANY PERSON

 2    OR UPON ITS OWN MOTION, IF AFTER NOTICE AND HEARING, THE

 3    COMMISSION FINDS A PERSON HAS VIOLATED ANY PROVISIONS OF SECTIONS

 4    9A THROUGH 9J, AN ORDER ISSUED UNDER THOSE SECTIONS, OR A RULE


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 1    PROMULGATED UNDER THOSE SECTIONS, THE COMMISSION SHALL ORDER

 2    REMEDIES AND PENALTIES TO PROTECT AND MAKE WHOLE ANOTHER PERSON

 3    WHO HAS SUFFERED AN ECONOMIC LOSS AS A RESULT OF THE VIOLATION,

 4    INCLUDING, BUT NOT LIMITED TO, 1 OR MORE OF THE FOLLOWING:

 5         (A) THE PERSON TO PAY A FINE FOR THE FIRST OFFENSE OF NOT

 6    LESS THAN $10,000.00 OR MORE THAN $20,000.00 PER DAY THAT THE

 7    PERSON IS IN VIOLATION, AND FOR EACH SUBSEQUENT OFFENSE, A FINE

 8    OF NOT LESS THAN $20,000.00 OR MORE THAN $40,000.00 PER DAY.

 9         (B) A REFUND TO THE CUSTOMER OF ANY AMOUNT PAID IN EXCESS

10    FEES OR RATES.

11         (C) THE REVOCATION OF THE SUPPLIER'S LICENSE.

12         (D) REASONABLE ATTORNEY FEES.

13         (E) CEASE AND DESIST ORDERS.

14         (2) THE PENALTIES UNDER THIS SECTION ARE IN ADDITION TO ANY

15    OTHER PENALTIES PROVIDED BY LAW.

16         Enacting section 1.  This amendatory act does not take

17    effect unless all of the following bills of the 90th Legislature

18    are enacted into law:

19         (a) Senate Bill No. _____ or House Bill No. 5201  (request

20    no. 04283'99).

21         (b) Senate Bill No. _____ or House Bill No. 5202  (request

22    no. 04283'99 a).

23         (c) Senate Bill No. _____ or House Bill No. 5203  (request

24    no. 04283'99 b*).

25         (d) Senate Bill No. _____ or House Bill No. 5204  (request

26    no. 04283'99 c*).





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 1         (e) Senate Bill No. _____ or House Bill No. 5205  (request

 2    no. 04283'99 d).




















































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