reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 365 of 2018 - Small Wireless Communications Facilities Deployment Act (460.1301 - 460.1339) › Section 460.1323 - Attaching Entity; Standards; Compliance; Rate; Civil Action.

460.1323 Attaching entity; standards; compliance; rate; civil action.
Sec. 23.
(1) An attaching entity, and all contractors or parties under its control, shall comply with reliability, safety, and engineering standards adopted by the governing body of a municipally owned electric utility, including, but not limited to, the following:
(a) Applicable engineering and safety standards governing installation, maintenance, and operation of facilities and the performance of work in or around the municipally owned electric utility nonauthority poles and facilities.
(b) The "National Electric Safety Code" published by the Institute of Electrical and Electronics Engineers.
(c) Regulations of the United States Occupational Safety and Health Administration.
(d) Other reasonable safety and engineering requirements to which municipally owned electric utility facilities are subject by law.
(2) The governing body of a municipally owned electric utility may require an attaching entity to execute an agreement for wire or cable attachments to nonauthority poles or related infrastructure.
(3) The governing body of a municipally owned electric utility shall not charge an attaching entity a rate for wire or cable pole attachments within the communication space on a nonauthority pole greater than the maximum allowable rate pursuant to 47 USC 224(d) and (e) as established in Federal Communications Commission Order on Reconsideration 15-151.
(4) Subject to section 27, an attaching entity may commence a civil action for injunctive relief for a violation of this section. The attaching entity shall not file an action under this subsection unless the attaching entity has first provided the municipally owned electric utility with a written notice of the intent to sue. Within 30 days after the municipally owned electric utility receives written notice of intent to sue, the municipally owned electric utility and the attaching entity shall meet and make a good-faith attempt to determine if there is a credible basis for the action. If the parties agree that there is a credible basis for the action, the governing body of the municipally owned electric utility shall take all reasonable and prudent steps necessary to comply with the applicable requirements of this section within 90 days after the meeting.
History:
2018, Act 365, Eff. Mar. 12, 2019
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 365 of 2018 - Small Wireless Communications Facilities Deployment Act (460.1301 - 460.1339) › Section 460.1325 - Jurisdiction; Authority; Certain Interior Structures, Campuses, Stadiums, and Athletic Facilities.

460.1325 Jurisdiction; authority; certain interior structures, campuses, stadiums, and athletic facilities.
Sec. 25.
An authority does not have jurisdiction or authority over the design, engineering, construction, installation, or operation of a small cell wireless facility located in an interior structure or upon a campus of an institution of higher education including any stadiums or athletic facilities associated with the institution of higher education, a professional stadium, or a professional athletic facility, other than to enforce applicable codes. This act does not authorize this state or any other authority to require wireless facility deployment or to regulate wireless services.
History:
2018, Act 365, Eff. Mar. 12, 2019
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 365 of 2018 - Small Wireless Communications Facilities Deployment Act (460.1301 - 460.1339) › Section 460.1327 - Circuit Courts; Jurisdiction; Right to Appeal.

460.1327 Circuit courts; jurisdiction; right to appeal.
Sec. 27.
The circuit court has jurisdiction to determine all disputes arising under this act. Venue lies in the judicial circuit where the authority or municipally owned electric utility is located. In addition to its right to appeal to the circuit court, an applicant may elect, at its sole discretion, to appeal a determination under the act to an authority, if the authority has an appeal process to render a decision expeditiously.
History:
2018, Act 365, Eff. Mar. 12, 2019
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 365 of 2018 - Small Wireless Communications Facilities Deployment Act (460.1301 - 460.1339) › Section 460.1329 - Indemnification; Insurance Requirements.

460.1329 Indemnification; insurance requirements.
Sec. 29.
As part of the permit process under section 15, a zoning approval process under section 17, or a request process under section 21, an authority or the governing body of a municipally owned electric utility may require a wireless provider to do the following with respect to a small cell wireless facility, a wireless support structure, or a utility pole:
(a) Defend, indemnify, and hold harmless the authority or the governing body of a municipally owned electric utility and its officers, agents, and employees against any claims, demands, damages, lawsuits, judgments, costs, liens, losses, expenses, and attorney fees resulting from the installation, construction, repair, replacement, operation, or maintenance of any wireless facilities, wireless support structures, or utility poles to the extent caused by the applicant, its contractors, its subcontractors, and the officers, employees, or agents of any of these. A wireless provider has no obligation to defend, indemnify, or hold harmless an authority or the governing body of a municipally owned electric utility, or the officers, agents, or employees of the authority or governing body against any liabilities or losses due to or caused by the sole negligence of the authority or the governing body of a municipally owned electric utility or its officers, agents, or employees.
(b) Obtain insurance naming the authority or the governing body of a municipally owned electric utility and its officers, agents, and employees as additional insureds against any claims, demands, damages, lawsuits, judgments, costs, liens, losses, expenses, and attorney fees. A wireless provider may meet all or a portion of the authority's insurance coverage and limit requirements by self-insurance. To the extent it self-insures, a wireless provider is not required to name additional insureds under this section. To the extent a wireless provider elects to self-insure, the wireless provider shall provide to the authority evidence demonstrating, to the authority's satisfaction, the wireless provider's financial ability to meet the authority's insurance coverage and limit requirements.
History:
2018, Act 365, Eff. Mar. 12, 2019
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 365 of 2018 - Small Wireless Communications Facilities Deployment Act (460.1301 - 460.1339) › Section 460.1331 - Fee and Rate Limitations.

460.1331 Fee and rate limitations.
Sec. 31.
An authority may establish a fee or rate less than the maximum specified in section 13(3), 15(3), 17(4), or 19(2), subject to other requirements of this act.
History:
2018, Act 365, Eff. Mar. 12, 2019
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 365 of 2018 - Small Wireless Communications Facilities Deployment Act (460.1301 - 460.1339) › Section 460.1333 - Bonding Requirements; Limitations.

460.1333 Bonding requirements; limitations.
Sec. 33.
(1) As a condition of a permit described in this act, an authority may adopt bonding requirements for small cell wireless facilities if both of the following requirements are met:
(a) The authority imposes similar requirements in connection with permits issued for similarly situated users of the ROW.
(b) The purpose of the bonds is 1 or more of the following:
(i) To provide for the removal of abandoned or improperly maintained small cell wireless facilities, including those that an authority determines should be removed to protect public health, safety, or welfare.
(ii) To repair the ROW as provided under section 13(10).
(iii) To recoup rates or fees that have not been paid by a wireless provider in more than 12 months, if the wireless provider has received 60-day advance notice from the authority of the noncompliance.
(2) An authority shall not require either of the following under subsection (1):
(a) A cash bond, unless any of the following apply:
(i) The wireless provider has failed to obtain or maintain a bond required under this section.
(ii) The surety has defaulted or failed to perform on a bond given to the authority on behalf of the wireless provider.
(b) A bond in an amount exceeding $1,000.00 per small cell wireless facility.
History:
2018, Act 365, Eff. Mar. 12, 2019
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 365 of 2018 - Small Wireless Communications Facilities Deployment Act (460.1301 - 460.1339) › Section 460.1335 - Labeling Requirement of Small Cell Wireless Facility.

460.1335 Labeling requirement of small cell wireless facility.
Sec. 35.
A small cell wireless facility for which a permit is issued shall be labeled with the name of the wireless provider, emergency contact telephone number, and information that identifies the small cell wireless facility and its location.
History:
2018, Act 365, Eff. Mar. 12, 2019
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 365 of 2018 - Small Wireless Communications Facilities Deployment Act (460.1301 - 460.1339) › Section 460.1337 - Payment of Electricity to Operate Small Cell Wireless Facility.

460.1337 Payment of electricity to operate small cell wireless facility.
Sec. 37.
A wireless provider is responsible for arranging and paying for the electricity used to operate a small cell wireless facility.
History:
2018, Act 365, Eff. Mar. 12, 2019
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 365 of 2018 - Small Wireless Communications Facilities Deployment Act (460.1301 - 460.1339) › Section 460.1339 - Scope of Act; Application to and Effect on Certain Electric Utilities.

460.1339 Scope of act; application to and effect on certain electric utilities.
Sec. 39.
(1) This act does not add to, replace, or supersede any law regarding poles or conduits, similar structures, or equipment of any type owned or controlled by an investor-owned utility whose rates are regulated by the MPSC, an affiliated transmission company, an independent transmission company, or, except as provided in section 7(e), a cooperative electric utility.
(2) This act does not impose or otherwise affect any rights, controls, or contractual obligations of an investor-owned utility whose rates are regulated by the MPSC, an affiliated transmission company, an independent transmission company or, except as provided in section 7(e), a cooperative electric utility with respect to its poles or conduits, similar structures, or equipment of any type.
(3) Except for purposes of a wireless provider obtaining a permit to occupy a right-of-way, this act does not affect an investor-owned utility whose rates are regulated by the MPSC. Notwithstanding any other provision of this act, pursuant to and consistent with section 6g of 1980 PA 470, MCL 460.6g, the MPSC has sole jurisdiction over attachment of wireless facilities on the poles, conduits, and similar structures or equipment of any type or kind owned or controlled by an investor-owned utility whose rates are regulated by the MPSC.
History:
2018, Act 365, Eff. Mar. 12, 2019
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Repealed - Act 252 of 2020 - Water Shutoff Restoration Act (460.1351 - 460.1356)

WATER SHUTOFF RESTORATION ACT
Act 252 of 2020
460.1351-460.1356 Repealed. 2020, Act 252, Eff. March 31, 2021.
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.2a - Applicability of Act.

462.2a Applicability of act.
Sec. 2a.
This act does not apply to a railroad or a railroad, bridge, or tunnel company regulated by the railroad code of 1993, Act No. 354 of the Public Acts of 1993, being sections 462.101 to 462.451 of the Michigan Compiled Laws. In case of a conflict between this act and Act No. 354 of the Public Acts of 1993 with respect to the regulation of railroads and railroad, bridge, and tunnel companies, Act No. 354 of the Public Acts of 1993 shall control.
History:
Add. 1994, Act 316, Imd. Eff. Oct. 6, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.4 - Common Carrier; Duty to Serve; Rates; Through Routes; Rates; Joint Rates.

462.4 Common carrier; duty to serve; rates; through routes; rates; joint rates.
Sec. 4.
(a) Every common carrier is hereby required to furnish reasonably adequate service and facilities and shall provide and furnish transportation of passengers and property upon reasonable requests therefor, and all charges made for any service in connection therewith, or for the receiving, switching, delivering, storing, transporting or handling of such persons or property shall be reasonable and just, and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful;
(b) All railroads incorporated under the general railroad law of this state, as between themselves, and all electric railroads, as between themselves, shall establish through routes and just and reasonable rates applicable thereto, except as hereinafter provided;
(c) Whenever passengers or property are transported over 2 or more connecting lines of railroad between points in this state, and the railroad companies have made joint rates for the transportation of the same, such rates and all charges in connection therewith shall be just and reasonable, and every unjust and unreasonable charge is prohibited and declared to be unlawful: Provided, That a less charge by such railroads for their proportion of such joint rates than is made locally between the same points on their respective lines shall not for that reason be construed as a violation of the provisions of this act, nor render such railroads liable to any of the penalties hereof.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8112 ;-- CL 1929, 11020 ;-- CL 1948, 462.4
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.8 - Railroads to Furnish Cars; Shortage, Preference, Regulation by Commission; Demurrage.

462.8 Railroads to furnish cars; shortage, preference, regulation by commission; demurrage.
Sec. 8.
Every railroad shall, when within its power so to do, and upon reasonable notice, furnish suitable cars to any and all persons who may apply therefor, for the transportation of any and all kinds of freight in carload lots. Every common carrier shall have sufficient cars and motive power to meet all requirements for the transportation of passengers and property which may reasonably be anticipated. In case of insufficiency of cars at any time to meet all requirements, such cars as are available shall be distributed among the several applicants therefor without discrimination between shippers or between points of shipment, whether competitive or non-competitive: Provided, Preference may be given to shipments of live-stock and perishable property. The commission shall have power to make and enforce, and shall make and enforce reasonable regulations for the furnishing and distribution of freight cars to shippers and switching the same, and for the loading and unloading thereof, and for the weighing of the cars and the freight offered for shipment over any line of railroad and shall fix a reasonable per diem demurrage to be paid for the detention of cars by shipper or consignee (which said car service and demurrage rules and regulations shall be applicable to all traffic whether the same begin or end within the state of Michigan), and for the failure or delay of the railroad in the furnishing of such cars and for the failure of the railroad to move the cars the number of miles per day as ordered by the commission.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- Am. 1911, Act 173, Eff. Aug. 1, 1911 ;-- CL 1915, 8116 ;-- CL 1929, 11024 ;-- CL 1948, 462.8
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.9 - Charges for Longer and Shorter Hauls; Governing Rate.

462.9 Charges for longer and shorter hauls; governing rate.
Sec. 9.
It shall be unlawful for any common carrier subject to the provisions of this act to charge or receive any greater fare or rate for the transportation of passengers or like kinds of property under substantially similar circumstances and conditions for a shorter than a longer distance over the same line, in the same direction, the shorter being included within the longer distance, but this act shall not be construed as authorizing any common carrier within the terms of this act to charge and receive as great compensation for a shorter distance as for a longer distance: Provided, however, That upon application to the commission appointed under the provisions of this act such common carrier may, in special cases after investigation by the commission, be authorized to charge less for longer than for shorter distances for the transportation of passengers or property, and the commission may from time to time prescribe the extent to which a designated common carrier may be relieved from the operation of this section of this act. When there are 2 or more rates in effect between the same points, via the same route, the lowest published rate shall be the only legal rate applicable in this state. In the event a published through rate exceed any combination of 2 or more local rates between the same points within the state, the combination forming the lowest rate shall govern.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- Am. 1915, Act 277, Eff. Aug. 24, 1915 ;-- CL 1915, 8117 ;-- CL 1929, 11025 ;-- CL 1948, 462.9
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.11 - Special Contract Rates.

462.11 Special contract rates.
Sec. 11.
Nothing in this act shall be construed to prevent concentration, commodity, transit and other special contract rates, but all such rates shall be open to all shippers for a like kind of traffic under similar circumstances and conditions, and shall be subject to the provisions of this act as to the printing and the filing of the same: Provided, All such rates shall be under the supervision and regulation of the commission.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8119 ;-- CL 1929, 11027 ;-- CL 1948, 462.11
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.12 - Freight Classification.

462.12 Freight classification.
Sec. 12.
The classification of freight in this state shall be uniform on all railroads.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8120 ;-- CL 1929, 11028 ;-- CL 1948, 462.12
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.15 - Continuous Carriage of Freight; Unlawful Acts.

462.15 Continuous carriage of freight; unlawful acts.
Sec. 15.
It shall be unlawful for any common carrier to enter into any combination, contract or agreement, express or implied, to prevent by change of time, schedule, carriage in different cars, or by other means or devices, the carriage of freight from being continuous from the place of shipment to the place of destination; and no break of bulk, stoppage or interruptions by such common carrier shall prevent the carriage of freight from being and being treated as 1 continuous carriage from place of shipment to the place of destination, unless such break, stoppage or interruption was made in good faith for some necessary purpose and without any intent to avoid or unnecessarily interrupt such continuous carriage or to evade any of the provisions of this act.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8123 ;-- CL 1929, 11031 ;-- CL 1948, 462.15
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.16 - Rate Discrimination Unlawful; Compensation for Incidental Service.

462.16 Rate discrimination unlawful; compensation for incidental service.
Sec. 16.
If any common carrier or any agent or officer thereof shall, directly or indirectly, by any special rate, rebate, drawback, or by any means of false billing, false classification, false weighing, or by any other device whatsoever, charge, demand, collect or receive from any person, firm or corporation, a greater or less compensation for any service rendered or to be rendered by it for the transportation of persons or property or for any service in connection therewith than that prescribed in the public tariffs then in force, or established as provided herein, or than it charges, demands, collects or receives from any other person, firm or corporation for a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, or shall knowingly and willfully assist or willfully suffer and permit such greater or less compensation to be charged, demanded, collected or received, such common carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful. It shall be unlawful for any common carrier to demand, charge, collect or receive from any person, firm or corporation a less compensation for the transportation of property or for any service rendered or to be rendered by said common carrier in consideration of said person, firm or corporation furnishing any part of the facilities incident thereto: Provided, Nothing shall be construed as prohibiting any common carrier from procuring any facilities or service incident to transportation and paying a reasonable compensation therefor.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8124 ;-- CL 1929, 11032 ;-- CL 1948, 462.16
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.17 - Traffic Discrimination Unlawful.

462.17 Traffic discrimination unlawful.
Sec. 17.
It shall be unlawful for any common carrier, subject to the provisions of this act, to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation or locality or any particular description of traffic in any respect whatsoever, or to subject any particular person, company, firm, corporation or locality or any particular description of traffic to any undue or unreasonable disadvantage or prejudice in any respect whatsoever.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8125 ;-- CL 1929, 11033 ;-- CL 1948, 462.17
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.18 - Receiving Rebate or Discrimination; Penalty.

462.18 Receiving rebate or discrimination; penalty.
Sec. 18.
It shall be unlawful for any person, firm or corporation knowingly to accept or to receive any rebate concession or discrimination in respect to transportation of any property wholly in this state or for any service in connection therewith, whereby any such property shall, by false billing, false classification, false weighing or any other device whatsoever, be transported at a less rate than that named in the published tariffs in force as provided herein or whereby any service or advantage is received, other than is therein specified. Any person, firm or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than 500 dollars or by imprisonment in the county jail for a term of not to exceed 3 months, or by both in the discretion of the court for each offense.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8126 ;-- CL 1929, 11034 ;-- CL 1948, 462.18
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.19 - Civil Liability.

462.19 Civil liability.
Sec. 19.
If any common carrier shall do, or cause to be done, or permit to be done, any matter, act or thing in this act prohibited or declared to be unlawful, or shall omit to do any act, matter or thing required to be done by it, or by any lawful order made under the provisions of this act by the Michigan railroad commission, such common carrier shall be liable to the person, firm or corporation injured thereby in double the amount of damages sustained in consequence of such violation: Provided, That any recovery as is in this section provided shall in no manner affect a recovery by the state of the penalty prescribed for such violation.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8127 ;-- CL 1929, 11035 ;-- CL 1948, 462.19
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.20 - Failure to Report Unlawful.

462.20 Failure to report unlawful.
Sec. 20.
It shall be unlawful for any officer, agent or employe of any common carrier to willfully fail or refuse to fill out and return any blank or make any report as required by this act, or to willfully fail or refuse to answer any questions therein propounded, or to knowingly or willfully give a false answer to any such question or to evade the answer to any such question where the fact inquired of is within his knowledge, or to, upon proper demand, willfully fail or refuse to exhibit to any commissioner or any commissioners, or any person authorized to examine the same, any book, paper or account of such common carrier which is in his possession or under his control.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8128 ;-- CL 1929, 11036 ;-- CL 1948, 462.20
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.21 - Fees; Disposition.

462.21 Fees; disposition.
Sec. 21.
The commission shall charge and collect the following fees: For copies of papers and records not required to be certified or otherwise authenticated by the commission, 10 cents for each folio; for certified copies of official documents and orders filed in its office, 15 cents for each folio; for certifying a copy of any report made by a corporation to the commission, 50 cents; for each certified copy or the annual report of the commission, for certified copies of evidence and proceedings before the commission not required by this act to be furnished gratis, 15 cents for each folio. No fees shall be charged or collected for copies of papers, records or official documents furnished to public officers for use in their official capacity, or for the annual reports of the commission in the ordinary course of distribution. All fees charged and collected by the commission shall belong to the people of the state, and shall be paid monthly, accompanied with a detailed statement thereof, into the treasury of the state to the credit of the general fund.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8129 ;-- CL 1929, 11037 ;-- CL 1948, 462.21
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.24 - Orders of Commission; Rescission or Amendment.

462.24 Orders of commission; rescission or amendment.
Sec. 24.
The commission may, at any time upon application of any person or any common carrier, and upon at least 10 days' notice to the parties interested, including the common carrier, and after opportunity to be heard as provided in section 22, rescind, alter or amend any order fixing any rate or rates, fares, charges or classifications, or any other order made by the commission, and certified copies shall be served and take effect as herein provided for original orders.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8132 ;-- CL 1929, 11040 ;-- CL 1948, 462.24
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.27 - Process; Practice and Evidence; Incriminating Testimony; Perjury; Immunity; Orders as Evidence.

462.27 Process; practice and evidence; incriminating testimony; perjury; immunity; orders as evidence.
Sec. 27.
(a) In all actions and proceedings in court arising under this act all such process shall be served and the practice and rules of evidence shall be the same as in actions in equity, except as otherwise herein provided. Every sheriff or other officer empowered to execute civil process shall execute any process issued under the provisions of this act, and shall receive such compensation therefor as may be prescribed by law for similar services;
(b) No person shall be excused from testifying or from producing books and papers in any proceedings based upon or growing out of any violation of the provisions of this act on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to penalty or forfeiture, but no person having so testified shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may have testified or produced any documentary evidence: Provided, That no person so testifying shall be exempted from prosecution or punishment for perjury in so testifying: Provided further, The immunity hereby conferred shall extend only to a natural person who, in obedience to a subpoena, gives testimony under oath, or produces evidence documentary or otherwise under oath;
(c) Upon application of any person the commission shall furnish certified copies, under seal of the commission and signed by the commission or its secretary, of any order made by it, which shall be prima facie evidence in any court or proceedings of the facts stated therein.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8135 ;-- CL 1929, 11043 ;-- CL 1948, 462.27
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.29 - Common Carriers; Contracts and Free Transportation Lists; Annual Free Transportation List.

462.29 Common carriers; contracts and free transportation lists; annual free transportation list.
Sec. 29.
(a) Every common carrier whenever required by the commission shall, within a time to be fixed by the commission, deliver to the commission for its use, copies of all contracts which relate to the transportation of persons or property or any service in connection therewith, made or entered into by it with any other common carrier or any shipper or shippers, producers or consumers or other person or persons doing business with it;
(b) Every common carrier shall, on or before the first day of February, 1910, and annually thereafter and oftener if required by the commission, file with the commission a verified list of all free tickets, free passes and free transportation issued or given by it during the year ending the thirty-first day of December preceding, together with the full names and addresses of recipients thereof and the reason for issuing the same: Provided, That this section shall not be deemed to require the filing of a list of such free tickets, free passes and free transportation issued or given by such common carrier to its employes or their families, its officers, agents, surgeons, physicians or attorneys-at-law and members of their families, or the officers, agents, attorneys and employes of other common carriers and their families, except such list be specially ordered by the commission.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8137 ;-- CL 1929, 11045 ;-- CL 1948, 462.29
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.30 - Common Carriers; Annual Statement, Contents, Time; Blanks; Additional Information; Earnings and Income, Report.

462.30 Common carriers; annual statement, contents, time; blanks; additional information; earnings and income, report.
Sec. 30.
Every common carrier doing business in this state, or which shall hereafter do business in this state, and every person, firm or corporation owning property in this state which is used for common carrier purposes, shall on or before the first day of May, 1918, and on or before the same day in each year thereafter, make and transmit to the commission at its office in Lansing a full and true statement, under oath of the proper official of such carrier of the financial and operating transactions of such carrier relative to the state of Michigan for the year ending the thirty-first day of December preceding, which statement for the state of Michigan shall be similar in character and detail to the annual report, if any, required to be made by such carriers to the interstate commerce commission. The said commission shall cause to be made suitable blanks at the expense of the state and forward the same to such common carrier, upon which to make reports required by this act. The said railroad commission may require of such common carrier, subject to the provisions of this act, any other or additional information relating to the management of such carrier and to the condition of its respective property utilized for common carrier purposes and such other subjects as in its judgment may be necessary in order to gain full information in regard thereto. Every common carrier doing business in this state shall, when so ordered by the commission, report to the railroad commission its earnings and income statement for the period designated in such order, and the proper blanks for that purpose shall be furnished by the commission.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8138 ;-- Am. 1917, Act 205, Eff. Aug. 10, 1917 ;-- CL 1929, 11046 ;-- CL 1948, 462.30
Compiler's Notes:
Amendatory Act 205 of 1917 erroneously referred to this section as CL 1915, § 8132.
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.31 - Freight Tariffs; Filing.

462.31 Freight tariffs; filing.
Sec. 31.
Any freight tariffs issued by common carriers relating to interstate traffic in this state or by any common carrier relating either to interstate or to intrastate traffic wholly by water routes in this state shall be on order of the commission filed in the offices of the commission within such time as such order shall prescribe.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8139 ;-- CL 1929, 11047 ;-- CL 1948, 462.31
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.32 - Unreasonable Rate or Practice; Regulation by Commission.

462.32 Unreasonable rate or practice; regulation by commission.
Sec. 32.
Whenever, after hearing and investigation as provided in this act, the commission shall find that any charge, regulation or practice affecting the transportation of passengers or property, or any service in connection therewith not herein specifically designated, is unreasonable or unjustly discriminatory, it shall have the power to regulate the same as provided in section 22 of this act.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8140 ;-- CL 1929, 11048 ;-- CL 1948, 462.32
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.33 - Accidents; Report; Investigation, Expense.

462.33 Accidents; report; investigation, expense.
Sec. 33.
Every common carrier shall, whenever an accident occurs within this state upon its line or road or on its depot grounds or yards, give such notice thereof and make such report thereof to the commission as the regulations of the commission shall require. In the event of any accident the commission, if it deem the public interests require it, shall cause an investigation to be made forthwith, which investigation shall be held within the locality of the accident, unless for greater convenience of those concerned it shall order the investigation to be held at some other place, and said investigation may be adjourned from place to place, as may be found necessary and convenient. The commission shall seasonably notify an officer of the company of the time and place of the investigation. The cost of such investigation shall be certified by the chairman of the commission, and the same shall be audited and paid by the state in the same manner as other expenses are audited and paid, and record or file of said proceedings and evidence shall be kept by said commission.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8141 ;-- CL 1929, 11049 ;-- CL 1948, 462.33
Admin Rule:
R 460.1451 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.35 - Rules Regarding Maximum Speed Limits; Order; Effective Date of Speed Limit.

462.35 Rules regarding maximum speed limits; order; effective date of speed limit.
Sec. 35.
(1) The state transportation department shall promulgate rules establishing the standards by which the director of the department shall determine maximum speed limits for railroad locomotives when used in passenger train operations and for passenger railroad trains. The rules shall provide that the director base his or her determinations on engineering, traffic, and safety inspections; on federal railroad safety standards; and on state on-site inspection criteria provided for in the rules.
(2) The speed limits established by the director shall designate expressly those portions of the railroad routes in this state to which the speed limits shall apply for passenger train operations. The maximum speed limit for passenger train operations may vary on specified portions of a route on the basis of safety and other factors.
(3) Before making a determination establishing a maximum speed limit, the director of the state transportation department shall give consideration to local governmental comments. After determining the maximum speed limit, the director of the state transportation department shall issue an order notifying each city, village, and township of the effective date of the speed limit, which date shall not be less than 30 days following the date of the order. The speed limit shall take effect on the specified date unless an appeal, by resolution of the local governing body or by the operating railroad, is filed with the state transportation commission before the proposed effective date of the speed limit as is set forth in the order. If a timely appeal is filed, the order shall not take effect within that city, village, or township unless the order is approved or modified by resolution of the state transportation commission following consideration of the appeal by the commission. If the commission approves or modifies an order by resolution, the effective date of the speed limit shall be established in the resolution of the commission, and the director shall issue a revised order with regard to that city, village, or township.
History:
Add. 1984, Act 10, Imd. Eff. Feb. 16, 1984
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.36 - Equipment and Structures; Authority of Commission.

462.36 Equipment and structures; authority of commission.
Sec. 36.
Authority is hereby given to the said commission, and it shall be its duty, if it shall deem it advisable, to prescribe the use of such modern generally approved system of protection for the safe operation of trains or cars at all crossings and junctions of railroads in this state, and at all crossings of draw bridges, upon which trains or cars are operated by steam, electricity or other power, such as will secure safety in the operation of trains or cars at such crossings, junctions and draw bridges, and to apportion the cost of construction, operation and maintenance of such system of protection among the several companies in such proportion as to the commission shall seem just. The commission, having determined such form of protection, shall immediately cause a description thereof over its official signature to be delivered to an officer of the railroad affected thereby, with notice that the same must be adopted and put into practical force within a reasonable time to be fixed by the commission.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8144 ;-- CL 1929, 11052 ;-- CL 1948, 462.36
Admin Rule:
R 460.1451 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.37 - Equipment and Structures; Hearing Prior to Order.

462.37 Equipment and structures; hearing prior to order.
Sec. 37.
No order of the commission, made in pursuance of the provisions of sections 35 and 36 shall be made except upon examination, at which representatives of the common carriers affected shall be entitled to be heard, after notice.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8145 ;-- CL 1929, 11053 ;-- CL 1948, 462.37
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.38 - Equipment and Structures; Refusal to Obey Order; Penalty.

462.38 Equipment and structures; refusal to obey order; penalty.
Sec. 38.
Any common carrier that shall willfully neglect or refuse to obey or conform to any order of the commission made pursuant to either of sections 35 or 36 shall be liable to a penalty in the sum of 500 dollars, and to a like penalty for every week thereafter until such order shall have been complied with: Provided, That in cases in which an application for rehearing shall be made, or an action in court shall be begun and prosecuted in good faith and with diligence, the liability for the continuing penalty herein prescribed shall not apply or begin until after the decision of the commission or rehearing of the final order of the courts in such action.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8146 ;-- CL 1929, 11054 ;-- CL 1948, 462.38
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.39 - Fences; Inspection, Construction.

462.39 Fences; inspection, construction.
Sec. 39.
The railroad commission shall have power, and it shall be its duty, if it shall deem it practicable, in all cases to inspect and determine the sufficiency of all fences required by law to be constructed and maintained by railroad companies, and it may prescribe the manner of constructing and the time within which it shall be done.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8147 ;-- CL 1929, 11055 ;-- CL 1948, 462.39
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.40 - Bill of Lading; Liability of Carrier; Statements of Charges.

462.40 Bill of lading; liability of carrier; statements of charges.
Sec. 40.
Whenever any property is received by any common carrier subject to the provisions of this act to be transported from 1 place to another in the state, it shall upon demand by the shipper issue a receipt or bill of lading therefor, naming therein the classification of such freight and the rate of freight at which the same is to be carried; and no common carrier shall limit or change its common law liability by contract or otherwise as to its responsibility for the negligent act of its agents and servants with reference to property in its custody as a common carrier: Provided, That nothing herein contained shall be so construed as to abridge or in anywise lessen the liability of any such common carrier as it now is under existing laws. All statements rendered for transportation charges shall show character of shipments, weight, rate and total charges before demanding payment.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8148 ;-- CL 1929, 11056 ;-- CL 1948, 462.40
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.41 - Violations; Investigation; Enforcement of Act.

462.41 Violations; investigation; enforcement of act.
Sec. 41.
This commission shall inquire into any neglect or violation of the laws of this state by any such common carrier hereinbefore defined doing business therein, or by its officers, agents or employes thereof, and shall have the power and it shall be its duty to enforce the provisions of this act as well as all other laws relating to common carriers and report all violations thereof to the attorney general. Upon the request of the commission it shall be the duty of the attorney general, or the prosecuting attorney of the proper county, to aid in any investigation, prosecution, hearing or trial had under the provisions of this act, and to institute and prosecute all necessary actions or proceedings for the enforcement of this act and of all other laws of this state relating to common carriers, and for the punishment of all violations thereof. Any forfeiture and penalty herein provided shall be paid to the state treasurer and shall be recovered and suit therefor shall be brought in the name of the state of Michigan in the circuit court of any county having jurisdiction of the defendants. The attorney general of Michigan, or any prosecuting attorney selected by the said commission in any county where such action is pending, shall be the counsel in any proceeding, investigation, hearing or trial prosecuted or defended by the commission.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8149 ;-- CL 1929, 11057 ;-- CL 1948, 462.41
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.42 - Investigation of Claims.

462.42 Investigation of claims.
Sec. 42.
All claims against any common carrier for loss or damage to property from any cause, or for over-charge upon any shipments, or for any other service, if not acted upon within 90 days from the date of filing of such claim with the common carrier may be investigated by the commission in its discretion, and the result of such investigation may be embodied in a special report and the next annual report of the commission.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8150 ;-- CL 1929, 11058 ;-- CL 1948, 462.42
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.43 - Liability for Violations; Penalty.

462.43 Liability for violations; penalty.
Sec. 43.
Any common carrier subject to the operation of this act, or whenever such common carrier is a corporation, any director or officer thereof, or any receiver, trustee, lessee, agent or person employed by such corporation, who alone or with any other corporation, company, person or party, shall willfully do or cause to be done, or shall willfully suffer or permit to be done any act, matter or thing in this act prohibited or declared to be unlawful, or who shall aid or abet therein, or who shall willfully omit or fail to do any act, matter or thing in this act required to be done, or shall cause or willfully suffer or permit any act, matter or thing so directed or required by this act to be done, not to be so done, or shall do or abet any such omission or failure, or shall be guilty of any infraction of this act, or shall aid or abet therein, or who shall willfully disobey or knowingly fail or neglect to obey any lawful order made under the provisions of this act by the Michigan railroad commission, or shall aid and abet any such disobedience or omission or failure shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any court having jurisdiction of misdemeanors, if a penalty for such offense be not elsewhere provided in this act, be subject to a fine of not to exceed 500 dollars for each offense, in the discretion of the court, or if the convicted party be a natural person, he shall be liable to be punished by imprisonment in the county jail for a period of not to exceed 3 months, or both such fine and imprisonment in the discretion of the court.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8151 ;-- CL 1929, 11059 ;-- CL 1948, 462.43