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superseded by other schedules , filed in the manner above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charge, or tariff in force until superseded as provided by law.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