Bill Text: MI HB6034 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Public utilities; public service commission; certain references in 1909 PA 300; update. Amends sec. 26 of 1909 PA 300 (MCL 462.26). TIE BAR WITH: HB 6033'16
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-11-10 - Bill Electronically Reproduced 11/09/2016 [HB6034 Detail]
Download: Michigan-2015-HB6034-Introduced.html
HOUSE BILL No. 6034
November 9, 2016, Introduced by Rep. Lauwers and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1909 PA 300, entitled
"An act to define and regulate common carriers and the receiving,
transportation, and delivery of persons and property; to prevent
the imposition of unreasonable rates; to prevent unjust
discrimination; to insure adequate service; to provide for certain
powers and duties of certain state agencies and officials; to
provide for the promulgation of rules; and to prescribe penalties
for violations of this act,"
by amending section 26 (MCL 462.26), as amended by 1987 PA 12.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
26. (1) Except as otherwise provided in section 7 of Act
No.
299 of the Public Acts of 1972, being section 1972 PA 299, MCL
460.117, of
the Michigan Compiled Laws, section 5 of Act No. 246 of
the
Public Acts of 1921, being section 460.205 of the Michigan
Compiled
Laws, and section 12 of Act No. 165 of the Public Acts of
1969,
being section 1969 PA 165,
MCL 483.162, of
the Michigan
Compiled
Laws, section 20 of Act No. 19 of the Public Acts of 1967,
being
section 486.570 of the Michigan Compiled Laws, and except as
otherwise provided in this section, any common carrier or other
party in interest, being dissatisfied with any order of the
Michigan public service commission fixing any rate or rates, fares,
charges, classifications, joint rate or rates, or any order fixing
any regulations, practices, or services, may within 30 days from
the issuance and notice of that order file an appeal as of right in
the
court of appeals. The court of appeals shall does not
have
jurisdiction over any appeal that is filed later than the 30-day
appeal period provided for in this subsection.
(2) An appeal of any decision or order of the Michigan public
service
commission that is pending in the circuit court on the
effective
date of this subsection April
1, 1987 shall proceed and
be decided in that court and appealed pursuant to the applicable
law
in effect immediately prior to the effective date of this
subsection,
before April 1, 1987, if on that date, the appeal has
progressed beyond the filing of a complaint and answer. All other
pending cases shall be transferred promptly by the circuit court to
the court of appeals.
(3) An appeal from any commission order that is filed in a
timely
manner but is incorrectly initiated in either the circuit
court
for the county of Ingham County circuit court or the court of
appeals shall be transferred by that court, on its own motion or on
motion of a party, to the proper court and shall proceed as if
timely filed in that court.
(4) No injunction shall issue except upon application to the
court of appeals following notice to the Michigan public service
commission
and a hearing. The court of appeals shall have has the
same equitable powers as possessed by the circuit court in chancery
in
the county of Ingham prior to the effective date of subsection
(2).before April 1, 1987.
(5)
Beginning on the effective date of this subsection April
1, 1987 and until December 31, 1988, and within the time for filing
an appeal, a party seeking a preliminary injunction may apply for
such
that relief pursuant to under subsection
(4) and may request
that
the court of appeals transfer such that application to the
circuit
court for the county of Ingham County circuit court. Upon
request, the court of appeals shall transfer an application for a
preliminary injunction to the circuit court for a determination.
The
circuit court shall have has
the same equitable powers as
possessed by the circuit court in chancery in the county of Ingham
prior
to the effective date of this subsection. before April 1,
1987. The circuit court shall grant or deny an application within
the time period prescribed by the court of appeals. An order of the
circuit court granting or denying an application shall be
transferred by that court to the court of appeals and made part of
the record in the pending appeal. An appeal of a circuit court
order
issued under this subsection shall is not be necessary
to
confer upon the court of appeals full and complete jurisdiction to
enforce, vacate, or modify an order of the circuit court.
(6)
Within 28 days from after the filing of an appeal, a party
may
make application apply to the Michigan
public service
commission
to present additional evidence. A The party shall file a
copy
of the application for additional evidence shall be filed in
the court of appeals and the court shall stay further appellate
proceedings pending the Michigan public service commission's
receipt and consideration of the proposed evidence. If the Michigan
public service commission finds that the proposed evidence is
different from or in addition to the evidence presented at the
original hearing, the Michigan public service commission shall
receive the additional evidence. After considering the additional
evidence, the Michigan public service commission may alter, modify,
amend, or rescind its order relating to the rate or rates, fares,
charges, classifications, joint rate or rates, regulations,
practice,
or service complained of , and
shall report its decision
to the court of appeals within the time period prescribed by the
court. If the Michigan public service commission rescinds its
order, the appeal shall be dismissed. If the Michigan public
service commission alters, modifies, or amends its order, that
amended order shall take the place of the original order, and the
court of appeals shall render its decision based on the amended
order. If the original order is not rescinded or amended by the
Michigan public service commission, judgment shall be rendered upon
the original order.
(7) An appeal from a Michigan public service commission order
pertaining to the application of existing commission rules,
tariffs, or rate schedules to an individual customer in a contested
case
shall be filed in the circuit court for the county of Ingham
County circuit court within 30 days of the issuance and notice of
an order.
(8) In all appeals under this section the burden of proof
shall
be is upon the appellant to show by clear and satisfactory
evidence that the order of the Michigan public service commission
complained of is unlawful or unreasonable.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 6033 (request no.
05750'16) of the 98th Legislature is enacted into law.
