SENATE BILL No. 1150

 

 

May 29, 2012, Introduced by Senator MEEKHOF and referred to the Committee on Government Operations.

 

 

 

     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,"

 

(MCL 460.201 to 460.206) by amending the title and by adding

 

sections 9 and 11; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to regulate the service, rates, fares, schedules, and

 

charges of carriers by water within this state; . to provide for

 

uniform carrier by water local franchises; to promote competition

 

in providing carrier by water service in this state; to ensure

 

reasonable local control of rights-of-way; to permit local units of

 

government to impose fees; to provide for the powers and duties of

 

certain state and local agencies and officials; and to prescribe

 

penalties.


 

     Sec. 9. (1) Notwithstanding any contrary provision of a local

 

act, charter, ordinance, or resolution, the provisions of this act

 

apply and the contrary provision of the local act, charter,

 

ordinance, or resolution shall not apply.

 

     (2) The legislature finds and declares that this act addresses

 

matters of statewide concern and is an exercise of legislative

 

power consistent with the duty of the legislature to provide for

 

the protection of the water resources of this state and to guard

 

the people's interest in water resources as a matter of paramount

 

public concern necessary for the health, safety, and general

 

welfare of the people under section 52 of article IV of the state

 

constitution of 1963.

 

     (3) It is the intent of the legislature that this act will

 

obtain uniformity in the laws of this state relating to carriers by

 

water.

 

     Sec. 11. This act shall be known and may be cited as the

 

"state carriers by water uniform regulation act".

 

     Enacting section 1. Chapter 16 of 1899 LA 437 is repealed.

 

     Enacting section 2. It is the intent of the legislature that

 

the express repealing clause in enacting section 1 is included in

 

this general act to assure compliance with the constitutional

 

mandate under section 29 of article IV of the state constitution of

 

1963 prohibiting the legislature from passing a local or special

 

act where a general act can be made applicable.