1.1 	A bill for an act
1.2 	relating to public utilities; authorizing district
1.3 	court to hear appeals of lesser utility fines;
1.4 	amending Minnesota Statutes 2004, section 216D.08,
1.5 	subdivisions 1, 2.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 216D.08,
1.8 	subdivision 1, is amended to read:
1.9 		Subdivision 1.penalty penalties. (a) A person who is
1.10 	engaged in excavation for remuneration or an operator other than
1.11 	an operator subject to section 299F.59, subdivision 1, who
1.12 	violates sections 216D.01 to 216D.07 is subject to a civil
1.13 	penalty to be imposed by the commissioner not to exceed $1,000
1.14 	for each violation per day of violation. The district court may
1.15 	hear, try, and determine actions commenced under this section.
1.16 	Trials under this section must be to the court sitting without a
1.17 	jury.
1.18 	(b) An operator subject to section 299F.59, subdivision 1,
1.19 	who violates sections 216D.01 to 216D.07 is subject to a civil
1.20 	penalty to be imposed under section 299F.60.

1.21 	Sec. 2. Minnesota Statutes 2004, section 216D.08,
1.22 	subdivision 2, is amended to read:
1.23 		Subd. 2.Settlement.  The commissioner may negotiate a
1.24 	compromise settlement of a civil penalty.  In determining the
1.25 	amount of the penalty, or the amount of the compromise
2.1 	settlement, the commissioner shall consider the appropriateness
2.2 	of the penalty to the size of the business of the person
2.3 	charged, the gravity of the violation, and the good faith of the
2.4 	person charged in attempting to achieve compliance, after
2.5 	notification of a violation. Unless the commissioner chooses to
2.6 	proceed in district court under subdivision 1,the contested
2.7 	case and judicial review provisions of chapter 14 apply to the
2.8 	orders of the commissioner imposing a penalty under sections
2.9 	216D.01 to 216D.07.  The amount of the penalty, when finally
2.10 	determined, may be deducted from sums owing by the state of
2.11 	Minnesota to the person charged.