HF 258

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to state government; requiring that certain 
  1.3             fines imposed by the pollution control agency or by 
  1.4             the department of health be deposited in the general 
  1.5             fund; amending Minnesota Statutes 1994, sections 
  1.6             115.072; 115.073; 115B.16, subdivision 4; 115B.18, 
  1.7             subdivision 1; 115B.20, subdivision 4; 115C.05; 
  1.8             115C.11, subdivision 2; and 326.78, subdivision 9. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 115.072, is 
  1.11  amended to read: 
  1.12     115.072 [RECOVERY OF LITIGATION COSTS AND EXPENSES.] 
  1.13     In any action brought by the attorney general, in the name 
  1.14  of the state, pursuant to the provisions of this chapter and 
  1.15  chapter 116, for civil penalties, injunctive relief, or in an 
  1.16  action to compel compliance, if the state shall finally prevail, 
  1.17  and if the proven violation was willful, the state, in addition 
  1.18  to other penalties provided in this chapter, may be allowed an 
  1.19  amount determined by the court to be the reasonable value of all 
  1.20  or a part of the litigation expenses incurred by the state.  In 
  1.21  determining the amount of such litigation expenses to be 
  1.22  allowed, the court shall give consideration to the economic 
  1.23  circumstances of the defendant.  
  1.24     Amounts recovered under the provisions of this section and 
  1.25  section 115.071, subdivisions 3 to 5, shall be paid into the 
  1.26  environmental general fund in the state treasury to the extent 
  1.27  provided in section 115.073. 
  2.1      Sec. 2.  Minnesota Statutes 1994, section 115.073, is 
  2.2   amended to read: 
  2.3      115.073 [ENFORCEMENT FUNDING.] 
  2.4      Except as provided in sections 115B.20, subdivision 4, 
  2.5   clause (2); 115C.05; and 473.845, subdivision 8, all money 
  2.6   recovered by the state under this chapter and chapters 115A and 
  2.7   116, including civil penalties and money paid under an 
  2.8   agreement, stipulation, or settlement, excluding money paid for 
  2.9   past due fees or taxes, up to the amount appropriated for 
  2.10  implementation of Laws 1991, chapter 347, must be deposited in 
  2.11  the state treasury and credited to the environmental general 
  2.12  fund. 
  2.13     Sec. 3.  Minnesota Statutes 1994, section 115B.16, 
  2.14  subdivision 4, is amended to read: 
  2.15     Subd. 4.  [PENALTIES.] (a) Any person who knowingly 
  2.16  violates the provisions of subdivision 1 is subject to a civil 
  2.17  penalty in an amount determined by the court of not more than 
  2.18  $100,000, and shall be liable under sections 115B.04 and 115B.05 
  2.19  for any release or threatened release of any hazardous substance 
  2.20  resulting from the violation.  
  2.21     (b) Any person who knowingly fails to record an affidavit 
  2.22  as required by subdivision 2 shall be liable under sections 
  2.23  115B.04 and 115B.05 for any release or threatened release of any 
  2.24  hazardous substance from a facility located on that property.  
  2.25     (c) A civil penalty may be imposed and recovered by an 
  2.26  action brought by a county attorney or by the attorney general 
  2.27  in the district court of the county in which the property is 
  2.28  located.  
  2.29     (d) Any civil fines recovered under this subdivision shall 
  2.30  be deposited in the account general fund.  
  2.31     Sec. 4.  Minnesota Statutes 1994, section 115B.18, 
  2.32  subdivision 1, is amended to read: 
  2.33     Subdivision 1.  [CIVIL PENALTIES.] Any person responsible 
  2.34  for a release or threatened release from a facility of a 
  2.35  pollutant or contaminant which presents an imminent and 
  2.36  substantial danger to the public health or welfare or the 
  3.1   environment or for a release or threatened release of a 
  3.2   hazardous substance from a facility shall forfeit and pay to the 
  3.3   state a civil penalty in an amount to be determined by the court 
  3.4   of not more than $20,000 per day for each day that the person 
  3.5   fails to take reasonable and necessary response actions or to 
  3.6   make reasonable progress in completing response actions 
  3.7   requested as provided in subdivision 3.  
  3.8      The penalty provided under this subdivision may be 
  3.9   recovered by an action brought by the attorney general in the 
  3.10  name of the state in connection with an action to recover 
  3.11  expenses of the agency under section 115B.17, subdivision 6, or 
  3.12  by a separate action in the district court of Ramsey county.  
  3.13  All penalties recovered under this subdivision shall be 
  3.14  deposited in the general fund.  
  3.15     Sec. 5.  Minnesota Statutes 1994, section 115B.20, 
  3.16  subdivision 4, is amended to read: 
  3.17     Subd. 4.  [REVENUE SOURCES.] Revenue from the following 
  3.18  sources shall be deposited in the account: 
  3.19     (1) the proceeds of the taxes imposed pursuant to section 
  3.20  115B.22, including interest and penalties; 
  3.21     (2) all money recovered by the state under sections 115B.01 
  3.22  to 115B.18 or under any other statute or rule related to the 
  3.23  regulation of hazardous waste or hazardous substances, including 
  3.24  excluding civil penalties and money paid under any agreement, 
  3.25  stipulation or settlement but and excluding fees imposed under 
  3.26  section 116.12; 
  3.27     (3) all interest attributable to investment of money 
  3.28  deposited in the account; and 
  3.29     (4) all money received in the form of gifts, grants, 
  3.30  reimbursement or appropriation from any source for any of the 
  3.31  purposes provided in subdivision 2, except federal grants.  
  3.32     Proceeds of civil penalties and money paid under any 
  3.33  agreement, stipulation, or settlement must be deposited in the 
  3.34  general fund. 
  3.35     Sec. 6.  Minnesota Statutes 1994, section 115C.05, is 
  3.36  amended to read: 
  4.1      115C.05 [CIVIL PENALTY.] 
  4.2      The agency may enforce section 115C.03 using the actions 
  4.3   and remedies authorized under sections 115.071, subdivision 3, 
  4.4   and 116.072.  The civil penalties recovered by the state must be 
  4.5   credited to the general fund. 
  4.6      Sec. 7.  Minnesota Statutes 1994, section 115C.11, 
  4.7   subdivision 2, is amended to read: 
  4.8      Subd. 2.  [DISQUALIFICATION.] (a) The board must 
  4.9   automatically remove from the registration list for five years a 
  4.10  consultant or contractor who is convicted in a criminal 
  4.11  proceeding for submitting false or fraudulent bills that are 
  4.12  part of a claim for reimbursement under section 115C.09.  The 
  4.13  board may, in addition, impose one or more of the sanctions in 
  4.14  paragraph (c).  
  4.15     (b) The board may impose sanctions under paragraph (c) on a 
  4.16  consultant or contractor for any of the following reasons: 
  4.17     (1) engaging in conduct that departs from or fails to 
  4.18  conform to the minimal standards of acceptable and prevailing 
  4.19  engineering, hydrogeological, or other technical practices 
  4.20  within the reasonable control of the consultant or contractor; 
  4.21     (2) participating in a kickback scheme prohibited under 
  4.22  section 115C.045; 
  4.23     (3) engaging in conduct likely to deceive or defraud, or 
  4.24  demonstrating a willful or careless disregard for public health 
  4.25  or the environment; 
  4.26     (4) commission of fraud, embezzlement, theft, forgery, 
  4.27  bribery, falsification or destruction of records, making false 
  4.28  statements, receiving stolen property, making false claims, or 
  4.29  obstruction of justice; or 
  4.30     (5) revocation, suspension, restriction, limitation, or 
  4.31  other disciplinary action against the contractor's or 
  4.32  consultant's license or certification in another state or 
  4.33  jurisdiction. 
  4.34     (c) The board may impose one or more of the following 
  4.35  sanctions: 
  4.36     (1) remove a consultant or contractor from the registration 
  5.1   list for up to five years; 
  5.2      (2) publicly reprimand or censure the consultant or 
  5.3   contractor; 
  5.4      (3) place the consultant or contractor on probation for a 
  5.5   period and upon terms and conditions the board prescribes; 
  5.6      (4) require payment of all costs of proceedings resulting 
  5.7   in an action instituted under this paragraph; or 
  5.8      (5) impose a civil penalty of not more than $10,000, in an 
  5.9   amount that the board determines will deprive the consultant or 
  5.10  contractor of any economic advantage gained by reason of the 
  5.11  consultant's or contractor's conduct or to reimburse the board 
  5.12  for the cost of the investigation and proceeding.  
  5.13     (d) In deciding whether a particular sanction is 
  5.14  appropriate, the board must consider the seriousness of the 
  5.15  consultant's or contractor's acts or omissions and any 
  5.16  mitigating factors. 
  5.17     (e) Civil penalties recovered by the state under this 
  5.18  section must be credited to the account general fund.  
  5.19     Sec. 8.  Minnesota Statutes 1994, section 326.78, 
  5.20  subdivision 9, is amended to read: 
  5.21     Subd. 9.  [PENALTIES.] (a) A person who violates any of the 
  5.22  requirements of sections 326.70 to 326.81 or any requirement, 
  5.23  rule, or order issued under those sections is subject to a civil 
  5.24  penalty of not more than $10,000 per day of violation.  
  5.25  Penalties may be recovered in a civil action in the name of the 
  5.26  state brought by the attorney general. 
  5.27     (b) The commissioner may issue an order assessing a penalty 
  5.28  of not more than $10,000 per violation to any person who 
  5.29  violates any of the requirements of sections 326.70 to 326.81 or 
  5.30  any requirement, rule, or order issued under those sections.  A 
  5.31  person subject to an administrative penalty order may request a 
  5.32  contested case hearing under chapter 14 within 20 days from date 
  5.33  of receipt of the penalty order.  If the penalty order is not 
  5.34  contested within 20 days of receipt, it becomes final and may 
  5.35  not be contested. 
  5.36     (c) The amount of the penalty shall be based on the past 
  6.1   history of same or similar violations, the severity of 
  6.2   violation, the culpability of the person, and other relevant 
  6.3   factors.  The history of past violations shall include previous 
  6.4   violations received by the person licensed as a different entity.
  6.5      (d) Penalties assessed under sections 326.70 to 326.81 
  6.6   shall be paid to the commissioner for deposit in the state 
  6.7   government special revenue fund general fund.  Unpaid penalties 
  6.8   shall be increased to 125 percent of the original assessed 
  6.9   amount if not paid within 60 days after the penalty order 
  6.10  becomes final.  After 60 days, interest shall accrue on the 
  6.11  unpaid penalty balance at the rate established in section 549.09.
  6.12     Sec. 9.  [EFFECTIVE DATE.] 
  6.13     Sections 1 to 8 are effective July 1, 1995.