SF 2761

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

  1.1                          A bill for an act 
  1.2             relating to administrative rules; restricting the 
  1.3             amount of fines that may be imposed by rule; proposing 
  1.4             coding for new law in Minnesota Statutes, chapter 14. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [14.045] [LIMIT ON PENALTIES.] 
  1.7      Subdivision 1.  [LIMIT ON PENALTIES.] An agency may not 
  1.8   levy a total fine or penalty of more than $700 for a single 
  1.9   violation unless the agency has specific statutory authority to 
  1.10  levy a fine in excess of that amount.  For purposes of the limit 
  1.11  in this section, an act or occurrence is a single violation even 
  1.12  if it continues for more than one day or affects more than one 
  1.13  person. 
  1.14     Subd. 2.  [CRIMINAL PENALTY.] An agency may not establish a 
  1.15  criminal penalty unless the agency has specific statutory 
  1.16  authority to do so. 
  1.17     Subd. 3.  [FACTORS.] (a) If a statute gives an agency 
  1.18  discretion over the amount of a fine, the agency must take the 
  1.19  following factors into account in determining the amount of the 
  1.20  fine: 
  1.21     (1) the willfulness of the violation; 
  1.22     (2) the gravity of the violation, including damage to 
  1.23  humans, animals, and the natural resources of the state; 
  1.24     (3) the history of past violations; 
  1.25     (4) the number of violations; 
  2.1      (5) the economic benefit gained by the person by allowing 
  2.2   or committing the violation; and 
  2.3      (6) other factors that justice may require. 
  2.4      (b) For a violation after an initial violation, the 
  2.5   following factors must be considered in addition to the factors 
  2.6   in paragraph (a): 
  2.7      (1) similarity of previous violations to the current 
  2.8   violation to be penalized; 
  2.9      (2) time elapsed since the last violation; 
  2.10     (3) number of previous violations; and 
  2.11     (4) response of the person to the most recent previous 
  2.12  violation identified. 
  2.13     Subd. 4.  [EFFECT ON OTHER LAW.] This section does not 
  2.14  affect the right of an agency to deny a permit, revoke a 
  2.15  license, or take similar action, other than the imposition of a 
  2.16  fine, even if the cost of the denial, revocation, or other 
  2.17  action to the affected party exceeds $700. 
  2.18     Subd. 5.  [EFFECTIVE DATE.] This section applies only to 
  2.19  fines and penalties imposed under rules adopted after August 1, 
  2.20  1996.