HF 3231

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; modifying DWI test 
  1.3             provisions; permitting electronic forms; authorizing 
  1.4             expedited rulemaking for commissioner of public safety 
  1.5             to approve DWI testing devices; granting discretion to 
  1.6             commissioner of public safety to administer and 
  1.7             enforce various department duties; authorizing rules; 
  1.8             making clarifying changes; amending Minnesota Statutes 
  1.9             2000, sections 169A.03, subdivision 11; 169A.45, 
  1.10            subdivision 4; 169A.51, subdivision 5; 169A.75; 
  1.11            634.16; proposing coding for new law in Minnesota 
  1.12            Statutes, chapter 299A. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 2000, section 169A.03, 
  1.15  subdivision 11, is amended to read: 
  1.16     Subd. 11.  [INFRARED OR OTHER APPROVED BREATH-TESTING 
  1.17  INSTRUMENT.] "Infrared or other approved breath-testing 
  1.18  instrument" means a breath-testing instrument that employs 
  1.19  infrared or other technology and has been approved by the 
  1.20  commissioner of public safety for determining alcohol 
  1.21  concentration.  
  1.22     Sec. 2.  Minnesota Statutes 2000, section 169A.45, 
  1.23  subdivision 4, is amended to read: 
  1.24     Subd. 4.  [OTHER COMPETENT EVIDENCE ADMISSIBLE.] The 
  1.25  preceding provisions do not limit the introduction of any other 
  1.26  competent evidence bearing upon the question of whether the 
  1.27  person violated section 169A.20 (driving while impaired) or 
  1.28  169A.31 (alcohol-related school bus or Head Start bus driving), 
  1.29  including tests obtained more than two hours after the alleged 
  2.1   violation and results obtained from partial tests on an infrared 
  2.2   or other approved breath-testing instrument.  A result from a 
  2.3   partial test is the measurement obtained by analyzing one 
  2.4   adequate breath sample, as described in section 169A.51, 
  2.5   subdivision 5, paragraph (b) (breath test using infrared or 
  2.6   other approved breath-testing instrument).  
  2.7      Sec. 3.  Minnesota Statutes 2000, section 169A.51, 
  2.8   subdivision 5, is amended to read: 
  2.9      Subd. 5.  [BREATH TEST USING INFRARED APPROVED 
  2.10  BREATH-TESTING INSTRUMENT.] (a) In the case of a breath test 
  2.11  administered using an infrared or other approved breath-testing 
  2.12  instrument, the test must consist of analyses in the following 
  2.13  sequence:  one adequate breath sample analysis, one calibration 
  2.14  standard control analysis, and a second, adequate breath sample 
  2.15  analysis. 
  2.16     (b) In the case of a test administered using an infrared or 
  2.17  other approved breath-testing instrument, a sample is adequate 
  2.18  if the instrument analyzes the sample and does not indicate the 
  2.19  sample is deficient. 
  2.20     (c) For purposes of section 169A.52 (revocation of license 
  2.21  for test failure or refusal), when a test is administered using 
  2.22  an infrared or other approved breath-testing instrument, failure 
  2.23  of a person to provide two separate, adequate breath samples in 
  2.24  the proper sequence constitutes a refusal. 
  2.25     (d) In the case of a test administered using an infrared or 
  2.26  other approved breath-testing instrument, a test is valid when 
  2.27  the instrument accepts the sequence and does not indicate the 
  2.28  sequence is incomplete. 
  2.29     (e) For purposes of section 169A.52 (revocation of license 
  2.30  for test failure or refusal), when a test is administered using 
  2.31  an infrared or other approved breath-testing instrument, failure 
  2.32  of a person to provide a valid breath test constitutes a refusal.
  2.33     Sec. 4.  Minnesota Statutes 2000, section 169A.75, is 
  2.34  amended to read: 
  2.35     169A.75 [IMPAIRED DRIVING-RELATED RULES.] 
  2.36     (a) The commissioner may promulgate adopt rules to carry 
  3.1   out the provisions of this chapter.  The rules may include forms 
  3.2   the format for notice of intention to revoke that describe 
  3.3   clearly the right to a hearing, the procedure for requesting a 
  3.4   hearing, and the consequences of failure to request a 
  3.5   hearing; forms the format for revocation and notice of 
  3.6   reinstatement of driving privileges as provided in section 
  3.7   169A.55; and forms the format for temporary licenses. 
  3.8      (b) Rules promulgated adopted pursuant to this section are 
  3.9   subject to sections 14.01 to 14.20 and 14.365 to 14.69 the 
  3.10  procedures in chapter 14 (Administrative Procedure Act). 
  3.11     (c) Additionally, the commissioner may adopt rules 
  3.12  indicating the commissioner's approval of instruments for 
  3.13  preliminary screening or chemical tests for intoxication under 
  3.14  sections 169A.41 and 169A.51 using the procedures specified in 
  3.15  section 14.389. 
  3.16     Sec. 5.  Minnesota Statutes 2000, section 634.16, is 
  3.17  amended to read: 
  3.18     634.16 [ADMISSION INTO EVIDENCE OF RESULTS OF INFRARED 
  3.19  BREATH-TESTS BREATH TESTS.] 
  3.20     In any civil or criminal hearing or trial, the results of 
  3.21  an infrared breath-test or other approved breath test, when 
  3.22  performed by a person who has been fully trained in the use of 
  3.23  an infrared or other approved breath-testing instrument, as 
  3.24  defined in section 169A.03, subdivision 11, pursuant to training 
  3.25  given or approved by the commissioner of public safety or the 
  3.26  commissioner's acting agent, are admissible in evidence without 
  3.27  antecedent expert testimony that an infrared or other approved 
  3.28  breath-testing instrument provides a trustworthy and reliable 
  3.29  measure of the alcohol in the breath. 
  3.30     Sec. 6.  [299A.80] [ADMINISTRATIVE POWERS AND PENALTIES.] 
  3.31     Subdivision 1.  [REMEDIES AVAILABLE.] Sections 65B.28, 
  3.32  168.12, 168.187, 168.27, 168.33, 168A.24, 168C.11, 169.26, 
  3.33  169.345, 169.346, 169.446, 169.89, 169.971 to 169.973, 169.974, 
  3.34  171.02, 171.05, 171.061, 171.13, 171.321, 171.33 to 171.41 and 
  3.35  the rules, orders, stipulation agreements, settlements, 
  3.36  compliance agreements, licenses, registrations, certificates of 
  4.1   approval, appointments, and permits adopted or issued by the 
  4.2   commissioner of public safety or under any other law now in 
  4.3   force or later enacted may, in addition to provisions in other 
  4.4   statutes, be enforced under this section. 
  4.5      Subd. 2.  [ACCESS TO INFORMATION AND PROPERTY.] The 
  4.6   commissioner or an employee or agent authorized by the 
  4.7   commissioner, upon presentation of credentials, may: 
  4.8      (1) examine and copy any books, papers, records, memoranda, 
  4.9   or data of any person subject to regulation under the statutory 
  4.10  sections listed in subdivision 1; and 
  4.11     (2) enter upon any property, public or private, to take any 
  4.12  action authorized under statute, rule, or other action listed in 
  4.13  subdivision 1, including obtaining information from a person who 
  4.14  has a duty to provide information under the statutory sections 
  4.15  listed in subdivision 1, taking steps to remedy violations, or 
  4.16  conducting surveys or investigations. 
  4.17     Subd. 3.  [CORRECTIVE ORDERS.] (a) The commissioner may 
  4.18  issue corrective orders that require a person to correct a 
  4.19  violation of a statute, rule, or other action listed in 
  4.20  subdivision 1.  The corrective order must state the deficiencies 
  4.21  that constitute the violation; the specific statute, rule, or 
  4.22  other action; and the time by which the violation must be 
  4.23  corrected. 
  4.24     (b) If the person believes that the information contained 
  4.25  in the commissioner's corrective order is in error, the person 
  4.26  may ask the commissioner to reconsider the parts of the order 
  4.27  that are alleged to be in error.  The request must: 
  4.28     (1) be in writing; 
  4.29     (2) be delivered to the commissioner by certified mail 
  4.30  within seven calendar days after receipt of the order; 
  4.31     (3) specify which parts of the order for corrective action 
  4.32  are alleged to be in error and explain why they are in error; 
  4.33  and 
  4.34     (4) provide documentation to support the allegation of 
  4.35  error. 
  4.36     (c) The commissioner shall respond to requests made under 
  5.1   paragraph (b) within 15 calendar days after receiving a 
  5.2   request.  A request for reconsideration does not stay the 
  5.3   corrective order; however, after reviewing the request for 
  5.4   reconsideration, the commissioner may provide additional time to 
  5.5   comply with the order if necessary.  The commissioner's 
  5.6   disposition of a request for reconsideration is final. 
  5.7      Subd. 4.  [ADMINISTRATIVE PENALTY ORDERS.] The commissioner 
  5.8   may issue an order requiring violations to be corrected and 
  5.9   administratively assess monetary penalties for violations of the 
  5.10  statutes, rules, and other actions listed in subdivision 1.  The 
  5.11  procedures in section 299A.801 must be followed when issuing 
  5.12  administrative penalty orders.  Except in the case of repeated 
  5.13  or serious violations, the penalty assessed in the order must be 
  5.14  forgiven if the person who is subject to the order demonstrates 
  5.15  in writing to the commissioner before the 31st day after 
  5.16  receiving the order that the person has corrected the violation 
  5.17  or has developed a corrective plan acceptable to the 
  5.18  commissioner.  The maximum amount of an administrative penalty 
  5.19  order is $10,000 for each violator for all violations by that 
  5.20  violator identified in an inspection or review of compliance. 
  5.21     Subd. 5.  [ACTION FOR INJUNCTIVE RELIEF.] In addition to 
  5.22  any other remedy provided by law, the commissioner may bring an 
  5.23  action for injunctive relief in the district court in Ramsey 
  5.24  county or, at the commissioner's discretion, in the district 
  5.25  court in the county in which a violation of a statute, rule, or 
  5.26  other action listed in subdivision 1 has occurred to enjoin the 
  5.27  violation. 
  5.28     Subd. 6.  [CEASE AND DESIST ORDER.] The commissioner, or an 
  5.29  employee of the department designated by the commissioner, may 
  5.30  issue an order to cease an activity covered by subdivision 1 if 
  5.31  continuation of the activity would result in an immediate risk 
  5.32  to public safety.  An order issued under this subdivision is 
  5.33  effective for a maximum of 72 hours.  In conjunction with 
  5.34  issuing the cease and desist order, the commissioner may post a 
  5.35  sign to cease an activity until the cease and desist order is 
  5.36  lifted and the sign is removed by the commissioner.  To restrain 
  6.1   activities for a period beyond 72 hours, the commissioner must 
  6.2   seek an injunction or take other administrative action 
  6.3   authorized by law.  The issuance of a cease and desist order 
  6.4   does not preclude the commissioner from pursuing any other 
  6.5   enforcement action available to the commissioner. 
  6.6      Subd. 7.  [PLAN FOR USING ADMINISTRATIVE PENALTIES AND 
  6.7   CEASE AND DESIST AUTHORITY.] The commissioner of public safety 
  6.8   shall prepare a plan for using the administrative penalty and 
  6.9   cease and desist authority in this section.  The commissioner 
  6.10  shall provide a 30-day period for public comment on the plan.  
  6.11  The plan must be finalized by July 1, 2003, and may be modified 
  6.12  as necessary upon subsequent notice and opportunity for comment. 
  6.13     Subd. 8.  [DENIAL OR REFUSAL TO APPROVE OR RENEW 
  6.14  APPLICATION.] (a) The commissioner may deny approval for, or 
  6.15  refuse to approve renewal of, an application for a permit, 
  6.16  license, registration, appointment, or certificate required 
  6.17  under a statute or rule cited in subdivision 1, if the applicant 
  6.18  does not meet or fails to maintain the minimum qualifications 
  6.19  for holding the requested permit, license, registration, 
  6.20  appointment, or certificate or has any unresolved violations 
  6.21  related to the activity for which the permit, license, 
  6.22  registration, appointment, or certificate was requested or 
  6.23  issued.  
  6.24     (b) The commissioner may also deny approval for, or refuse 
  6.25  to approve renewal of, a permit, license, registration, 
  6.26  appointment, or certificate required under a statute or rule 
  6.27  cited in subdivision 1, if the applicant has a persistent 
  6.28  pattern of violations related to the permit, license, 
  6.29  registration, appointment, or certificate, or if the applicant 
  6.30  submitted false material information to the department in 
  6.31  connection with the application. 
  6.32     (c) The commissioner may condition the grant or renewal of 
  6.33  a permit, license, registration, appointment, or certificate on 
  6.34  a demonstration by the applicant that actions needed to ensure 
  6.35  compliance with the requirements of the statutory sections 
  6.36  listed in subdivision 1 have been taken, or may place conditions 
  7.1   on or issue a limited permit, license, registration, 
  7.2   appointment, or certificate as a result of previous violations 
  7.3   by the applicant. 
  7.4      Subd. 9.  [SUSPENSION OR REVOCATION.] The commissioner may 
  7.5   suspend, place conditions on, or revoke a permit, license, 
  7.6   registration, appointment, or certificate issued to a person 
  7.7   according to a statute or rule cited in subdivision 1 for: 
  7.8      (1) serious or repeated violations of the requirements in 
  7.9   any statute, rule, or other action listed in subdivision 1 that 
  7.10  apply to the permit, license, registration, appointment, or 
  7.11  certificate; 
  7.12     (2) submitting false material information to the department 
  7.13  in connection with activities for which the permit, license, 
  7.14  registration, appointment, or certificate is issued; 
  7.15     (3) allowing the alteration or use of the person's own 
  7.16  permit, license, registration, appointment, or certificate by 
  7.17  another; or 
  7.18     (4) within the previous five years, conviction of a crime 
  7.19  in connection with activities for which the permit, license, 
  7.20  registration, appointment, or certificate was issued. 
  7.21     Subd. 10.  [HEARING ON DENIAL, NONRENEWAL, SUSPENSION, OR 
  7.22  REVOCATION.] If the commissioner proposes to deny, refuses to 
  7.23  renew, suspends, or revokes a permit, license, registration, 
  7.24  appointment, or certificate under subdivision 8 or 9, the 
  7.25  commissioner must first notify, in writing, the person against 
  7.26  whom the action is proposed to be taken and provide the person 
  7.27  an opportunity to request a hearing under the contested case 
  7.28  provisions of chapter 14.  If the person does not request a 
  7.29  hearing by notifying the commissioner within 20 days after 
  7.30  receipt of the notice of proposed action, the commissioner may 
  7.31  proceed with the action without a hearing.  This subdivision 
  7.32  does not apply to: 
  7.33     (1) the denial of or refusal to renew a permit, license, 
  7.34  registration, appointment, or certificate based on the 
  7.35  applicant's failure to meet or maintain the minimum 
  7.36  qualifications for holding the permit, license, registration, 
  8.1   appointment, or certificate; or 
  8.2      (2) the denial of, refusal to renew, suspension of, or 
  8.3   revocation of a permit, license, registration, appointment, or 
  8.4   certificate if the person against whom the action is proposed to 
  8.5   be taken has been granted a hearing under this subdivision 
  8.6   within the previous 12 months. 
  8.7      Sec. 7.  [299A.801] [ADMINISTRATIVE PENALTY ORDER 
  8.8   PROCEDURE.] 
  8.9      Subdivision 1.  [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) In 
  8.10  determining the amount of a penalty to be assessed under section 
  8.11  299A.80, subdivision 4, the commissioner may consider: 
  8.12     (1) the willfulness of the violation; 
  8.13     (2) the gravity of the violation, including damage to 
  8.14  consumers or the state; 
  8.15     (3) the history of past violations; 
  8.16     (4) the number of violations; 
  8.17     (5) the economic benefit gained by the person by allowing 
  8.18  or committing the violation; and 
  8.19     (6) other factors as justice may require, if the 
  8.20  commissioner specifically identifies the additional factors in 
  8.21  the commissioner's order. 
  8.22     (b) For a violation after an initial violation, the 
  8.23  commissioner, in determining the amount of a penalty, shall 
  8.24  consider the factors in paragraph (a) and the following factors: 
  8.25     (1) similarity of the most recent previous violation and 
  8.26  the violation to be penalized; 
  8.27     (2) time elapsed since the last violation; 
  8.28     (3) number of previous violations; and 
  8.29     (4) response of the person to the most recent previous 
  8.30  violation identified. 
  8.31     Subd. 2.  [CONTENTS OF ORDER.] An order assessing an 
  8.32  administrative penalty under section 299A.80, subdivision 4, 
  8.33  must include: 
  8.34     (1) a concise statement of the facts alleged to constitute 
  8.35  a violation; 
  8.36     (2) a reference to the portion of the statute, rule, 
  9.1   variance, order, or stipulation agreement or the term or 
  9.2   condition of a permit that has been violated; 
  9.3      (3) a statement of the amount of the administrative penalty 
  9.4   to be imposed and the factors upon which the penalty is based; 
  9.5   and 
  9.6      (4) a statement of the person's right to review the order. 
  9.7      Subd. 3.  [CORRECTIVE ORDER.] (a) The commissioner may 
  9.8   issue an order assessing a penalty and requiring the violations 
  9.9   cited in the order to be corrected within 30 calendar days from 
  9.10  the date the order is received. 
  9.11     (b) The person to whom the order was issued shall provide 
  9.12  information to the commissioner before the 31st day after the 
  9.13  order was received demonstrating that the violation has been 
  9.14  corrected or that the person has developed a corrective plan 
  9.15  acceptable to the commissioner.  The commissioner shall 
  9.16  determine whether the violation has been corrected and notify 
  9.17  the person subject to the order of the commissioner's 
  9.18  determination. 
  9.19     Subd. 4.  [PENALTY.] (a) Except as provided in paragraph 
  9.20  (b), if the commissioner determines that the violation has been 
  9.21  corrected or the person to whom the order was issued has 
  9.22  developed a corrective plan acceptable to the commissioner, the 
  9.23  penalty must be forgiven.  Unless the person requests review of 
  9.24  the order under subdivision 5 before the penalty is due, the 
  9.25  penalty in the order is due and payable: 
  9.26     (1) on the 31st day after the order was received, if the 
  9.27  person subject to the order fails to provide information to the 
  9.28  commissioner showing that the violation has been corrected or 
  9.29  that appropriate steps have been taken toward correcting the 
  9.30  violation; or 
  9.31     (2) on the 20th day after the person receives the 
  9.32  commissioner's determination under paragraph (b), if the person 
  9.33  subject to the order has provided information to the 
  9.34  commissioner that the commissioner determines is not sufficient 
  9.35  to show the violation has been corrected or that appropriate 
  9.36  steps have been taken toward correcting the violation. 
 10.1      (b) For repeated or serious violations, the commissioner 
 10.2   may issue an order with a penalty that will not be forgiven 
 10.3   after the corrective action is taken.  The penalty is due by 31 
 10.4   days after the order was received unless review of the order 
 10.5   under subdivision 5 has been sought. 
 10.6      (c) Interest at the rate established in section 549.09 
 10.7   begins to accrue on penalties under this subdivision on the 31st 
 10.8   day after the order with the penalty was received. 
 10.9      Subd. 5.  [EXPEDITED ADMINISTRATIVE HEARING.] (a) Within 30 
 10.10  days after receiving an order or within 20 days after receiving 
 10.11  notice that the commissioner has determined that a violation has 
 10.12  not been corrected or appropriate steps have not been taken, the 
 10.13  person subject to an order under this section may request an 
 10.14  expedited hearing, using the procedures of Minnesota Rules, 
 10.15  parts 1400.8510 to 1400.8612, to review the commissioner's 
 10.16  action.  The hearing request must specifically state the reasons 
 10.17  for seeking review of the order.  The person to whom the order 
 10.18  is directed and the commissioner are the parties to the 
 10.19  expedited hearing.  The commissioner shall notify the person to 
 10.20  whom the order is directed of the time and place of the hearing 
 10.21  at least 15 days before the hearing.  The expedited hearing must 
 10.22  be held within 30 days after a request for hearing has been 
 10.23  filed with the commissioner unless the parties agree to a later 
 10.24  date. 
 10.25     (b) All written arguments must be submitted within ten days 
 10.26  following the close of the hearing.  The hearing must be 
 10.27  conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, 
 10.28  as modified by this subdivision.  The office of administrative 
 10.29  hearings, in consultation with the agency, may adopt rules 
 10.30  specifically applicable to cases under this section. 
 10.31     (c) The administrative law judge shall issue a report 
 10.32  making recommendations about the commissioner's action to the 
 10.33  commissioner within 30 days following the close of the record.  
 10.34  The administrative law judge may not recommend a change in the 
 10.35  amount of the proposed penalty unless the administrative law 
 10.36  judge determines that, based on the factors in subdivision 1, 
 11.1   the amount of the penalty is unreasonable. 
 11.2      (d) If the administrative law judge makes a finding that 
 11.3   the hearing was requested solely for purposes of delay or that 
 11.4   the hearing request was frivolous, the commissioner may add to 
 11.5   the amount of the penalty the costs charged to the agency by the 
 11.6   office of administrative hearings for the hearing. 
 11.7      (e) If a hearing has been held, the commissioner may not 
 11.8   issue a final order until at least five days after receipt of 
 11.9   the report of the administrative law judge.  Within those five 
 11.10  days, the person to whom an order is issued may comment to the 
 11.11  commissioner on the recommendations and the commissioner shall 
 11.12  consider the comments.  The final order may be appealed in the 
 11.13  manner provided in sections 14.63 to 14.69. 
 11.14     (f) If a hearing has been held and a final order issued by 
 11.15  the commissioner, the penalty must be paid by 30 days after the 
 11.16  date the final order is received unless review of the final 
 11.17  order is requested under sections 14.63 to 14.69.  If review is 
 11.18  not requested or the order is reviewed and upheld, the amount 
 11.19  due is the penalty, together with interest accruing from 31 days 
 11.20  after the original order was received at the rate established in 
 11.21  section 549.09. 
 11.22     Subd. 6.  [MEDIATION.] In addition to review under 
 11.23  subdivision 5, the commissioner may enter into mediation 
 11.24  concerning an order issued under this section if the 
 11.25  commissioner and the person to whom the order is issued both 
 11.26  agree to mediation. 
 11.27     Subd. 7.  [ENFORCEMENT.] (a) The attorney general may 
 11.28  proceed on behalf of the state to enforce penalties that are due 
 11.29  and payable under this section in any manner provided by law for 
 11.30  the collection of debts. 
 11.31     (b) The attorney general may petition the district court to 
 11.32  file the administrative order as an order of the court.  At any 
 11.33  court hearing, the only issues parties may contest are 
 11.34  procedural and notice issues.  Once entered, the administrative 
 11.35  order may be enforced in the same manner as a final judgment of 
 11.36  the district court. 
 12.1      (c) If a person fails to pay the penalty, the attorney 
 12.2   general may bring a civil action in district court seeking 
 12.3   payment of the penalties, injunctive, or other appropriate 
 12.4   relief including monetary damages, attorney fees, costs, and 
 12.5   interest. 
 12.6      Subd. 8.  [REVOCATION, CANCELLATION, OR NONRENEWAL.] If a 
 12.7   person fails to pay a penalty owed under this section, the 
 12.8   commissioner has grounds to revoke, cancel, or refuse to reissue 
 12.9   or renew a permit, license, appointment, registration, or 
 12.10  certificate issued by the commissioner. 
 12.11     Subd. 9.  [CUMULATIVE REMEDY.] The authority of the 
 12.12  commissioner to issue a corrective order assessing penalties is 
 12.13  in addition to other remedies available under statutory or 
 12.14  common law, except that the state may not seek a civil penalty 
 12.15  under any other law for a violation covered by the 
 12.16  administrative penalty order.  The payment of a penalty does not 
 12.17  preclude the use of other enforcement provisions, under which 
 12.18  penalties are not assessed, in connection with the violation for 
 12.19  which the penalty was assessed. 
 12.20     Sec. 8.  [299A.802] [FALSE INFORMATION.] 
 12.21     (a) A person subject to a requirement listed in section 
 12.22  299A.80, subdivision 1, may not: 
 12.23     (1) make a false material statement, representation, or 
 12.24  certification in a required document; 
 12.25     (2) omit material information from a required document; or 
 12.26     (3) alter, conceal, or fail to file or maintain a required 
 12.27  document. 
 12.28     (b) In this section, "required document" means a notice, 
 12.29  application, record, report, plan, or other document required 
 12.30  under a statute, rule, or other action listed in section 
 12.31  299A.80, subdivision 1. 
 12.32     Sec. 9.  [299A.803] [RECOVERY OF LITIGATION COSTS AND 
 12.33  EXPENSES.] 
 12.34     In any judicial action brought by the attorney general for 
 12.35  civil penalties, injunctive relief, or an action to compel 
 12.36  performance pursuant to the authority cited in section 299A.80, 
 13.1   subdivision 1, if the state finally prevails, and if the proven 
 13.2   violation was willful, the state, in addition to other penalties 
 13.3   provided by law, may be allowed an amount determined by the 
 13.4   court to be the reasonable value of all or part of the 
 13.5   litigation expenses incurred by the state.  In determining the 
 13.6   amount of the litigation expenses to be allowed, the court shall 
 13.7   give consideration to the economic circumstances of the 
 13.8   defendant. 
 13.9      Sec. 10.  [299A.804] [EDUCATION AND COMPLIANCE ACCOUNT; 
 13.10  MONEY ALLOCATED.] 
 13.11     An education and compliance account is created for the 
 13.12  deposit of administrative penalty order receipts.  Of the funds 
 13.13  deposited in this account, the commissioner is authorized to 
 13.14  expend up to $2,500 per fiscal year for education and compliance 
 13.15  activities related to the regulated parties affected by this 
 13.16  chapter.  At the end of each biennium, all money not expended 
 13.17  reverts to the general fund.