1.1                          A bill for an act 
  1.2             relating to utilities; authorizing public utilities 
  1.3             commission to levy civil penalties for violations by 
  1.4             public utilities and telecommunications companies; 
  1.5             making technical changes; amending Minnesota Statutes 
  1.6             1996, sections 216B.54; 216B.57; 216B.59; 216B.60; 
  1.7             216B.61; and 237.27. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 216B.54, is 
  1.10  amended to read: 
  1.11     216B.54 [LEGAL ACTIONS AGAINST VIOLATIONS.] 
  1.12     Subdivision 1.  [ASSISTANCE OF ATTORNEY GENERAL.] Whenever 
  1.13  the commission or department shall be of the opinion that any 
  1.14  person or public utility is failing or omitting or is about to 
  1.15  fail or omit to do anything required of it by ~~Laws 1974,~~ this 
  1.16  chapter ~~429~~ or by any order or rule of the commission, or is 
  1.17  doing anything or about to do anything, or permitting anything 
  1.18  or about to permit anything to be done, contrary to or in 
  1.19  violation of ~~Laws 1974,~~ this chapter ~~429~~ or of any order or rule 
  1.20  of the commission, it ~~shall~~ may refer the matter to the attorney 
  1.21  general who shall take appropriate legal action. 
  1.22     Subd. 2.  [CIVIL PENALTY; ASSESSMENT BY COMMISSION.] A 
  1.23  public utility that violates a provision of this chapter, a rule 
  1.24  adopted by the commission, or a provision of an order lawfully 
  1.25  issued by the commission, is subject to a civil penalty that may 
  1.26  be assessed by the commission.  A civil penalty may be assessed 
  2.1   by the commission only after the public utility has been 
  2.2   provided written notice of the alleged violation and been given 
  2.3   an opportunity to be heard.  Civil penalties assessed pursuant 
  2.4   to this section must be paid into the state treasury within 30 
  2.5   days after the assessment has been mailed to the public utility. 
  2.6      Subd. 3.  [DEFINITION.] For purposes of this section, a 
  2.7   public utility includes a municipally owned gas or electric 
  2.8   utility and a cooperative electric association when subject to 
  2.9   the commission's jurisdiction. 
  2.10     Sec. 2.  Minnesota Statutes 1996, section 216B.57, is 
  2.11  amended to read:  
  2.12     216B.57 [PENALTIES.] 
  2.13     ~~Any person who knowingly and intentionally~~ A public utility 
  2.14  that violates any provision of ~~Laws 1974,~~ this chapter ~~429,~~ or 
  2.15  who ~~knowingly and intentionally~~ fails, omits, or neglects to 
  2.16  obey, observe, or comply with any provision of a lawful order~~,~~ 
  2.17  or ~~any part or provision thereof,~~ rule of the commission is 
  2.18  subject to a penalty of not less than $100 nor more than $1,000 
  2.19  for each violation. 
  2.20     Sec. 3.  Minnesota Statutes 1996, section 216B.59, is 
  2.21  amended to read: 
  2.22     216B.59 [CONTINUING VIOLATIONS.] 
  2.23     Every violation of the provisions of ~~Laws 1974,~~ this 
  2.24  chapter ~~429~~ or of any provision of a lawful order or rule of the 
  2.25  commission~~, or any part or portion thereof by any person,~~ is a 
  2.26  separate and distinct offense, and in case of a continuing 
  2.27  violation after a first conviction ~~thereof~~ each day's 
  2.28  continuance ~~thereof shall be deemed to be~~ of the violation is 
  2.29  itself a separate and distinct offense.  
  2.30     Sec. 4.  Minnesota Statutes 1996, section 216B.60, is 
  2.31  amended to read: 
  2.32     216B.60 [PENALTIES CUMULATIVE.] 
  2.33     All penalties accruing under ~~Laws 1974,~~ this chapter ~~429~~ 
  2.34  shall be cumulative, and a suit for the recovery of one penalty 
  2.35  shall not be a bar to or affect the recovery of any other 
  2.36  penalty or forfeiture or be a bar to any criminal prosecution 
  3.1   against any public utility or any officer, director, agent, or 
  3.2   employee ~~thereof~~ of the utility, or any person.  
  3.3      Sec. 5.  Minnesota Statutes 1996, section 216B.61, is 
  3.4   amended to read: 
  3.5      216B.61 [ACTIONS TO RECOVER PENALTIES.] 
  3.6      Actions to recover penalties under ~~Laws 1974,~~ this chapter 
  3.7   ~~429~~ shall be brought in the name of the state of Minnesota in 
  3.8   the district court of Ramsey county.  
  3.9      Sec. 6.  Minnesota Statutes 1996, section 237.27, is 
  3.10  amended to read: 
  3.11     237.27 [~~ATTORNEY GENERAL TO COMPEL OBEDIENCE~~ LEGAL ACTIONS 
  3.12  AGAINST VIOLATIONS.] 
  3.13     Subdivision 1.  [ASSISTANCE OF ATTORNEY GENERAL.] When any 
  3.14  telephone company fails to comply with any law of the state or 
  3.15  any order or rule of the commission after it has become final, 
  3.16  or any order or judgment of the district court, the court of 
  3.17  appeals, or the supreme court in any cases taken to any of the 
  3.18  courts on appeal, after the judgment or order has become final, 
  3.19  the attorney general shall apply to the district court in the 
  3.20  name of the state in any county in which the plant of the 
  3.21  telephone company, or any part of it, is situated, for a 
  3.22  mandatory injunction or other appropriate writ to compel 
  3.23  obedience to the law, order, rule, or judgment.  The district 
  3.24  court shall punish any disobedience of its orders in the 
  3.25  enforcement proceedings as for contempt of court.  
  3.26     Subd. 2.  [CIVIL PENALTY; ASSESSMENT BY COMMISSION.] A 
  3.27  telephone company that violates a provision of this chapter, a 
  3.28  rule adopted by the commission, or a provision of an order 
  3.29  lawfully issued by the commission, is subject to a civil penalty 
  3.30  that may be assessed by the commission.  A civil penalty may be 
  3.31  assessed by the commission only after the company has been 
  3.32  provided written notice of the alleged violation and been given 
  3.33  an opportunity to be heard.  Civil penalties assessed pursuant 
  3.34  to this section must be paid into the state treasury within 30 
  3.35  days after the assessment has been mailed to the company. 
  3.36     Subd. 3.  [DEFINITION.] For purposes of this section, a 
  4.1   telephone company includes any company that provides telephone 
  4.2   or telecommunications service when subject to the commission's 
  4.3   jurisdiction.