1.1.................... moves to amend H.F. No. 997, the third engrossment, as follows:
1.2Page 1, delete section 1 and insert:

1.3    "Section 1. Minnesota Statutes 2010, section 14.045, subdivision 3, is amended to read:
1.4    Subd. 3. Factors. (a) If a statute or rule gives an agency discretion over the amount
1.5of a fine or civil penalty, the agency must take the following factors into account in
1.6determining the amount of the fine or penalty:
1.7(1) the willfulness of the violation;
1.8(2) the gravity of the violation, including damage to humans, animals, and the
1.9natural resources of the state;
1.10(3) the history of past violations;
1.11(4) the number of violations;
1.12(5) the economic benefit gained by the person by allowing or committing the
1.13violation; and
1.14(6) fines or penalties that similarly-situated persons have been assessed for similar
1.16(7) the cooperation and responsiveness of the person, provided that a fine or penalty
1.17shall not be imposed or enhanced because a person has contested an alleged violation or
1.18asserted a right or defense provided for in law; and
1.19(6) (8) other factors that justice may require.
1.20(b) For a violation after an initial violation, the following factors must be considered
1.21in addition to the factors in paragraph (a):
1.22(1) similarity of recent previous violations to the current violation to be penalized;
1.23(2) time elapsed since the last violation;
1.24(3) number of previous violations; and
1.25(4) response of the person to the most recent previous violation identified.
1.26(c) In addition to stating the factual and legal basis for a violation, a state agency
1.27shall, in its notice, demand, order, or complaint in an administrative or civil proceeding,
2.1document the application of these considerations in determining the amount of any
2.2proposed fine or penalty. The agency shall provide this documentation to the party subject
2.3to the administrative or civil action at least 30 days prior to initiating the action, unless the
2.4alleged violation imminently and substantially endangers public safety, public health, or
2.5the environment. Nothing in this paragraph limits the ability of an agency, at any time, to
2.6seek injunctive relief related to an alleged violation.
2.7(d) A penalty or stipulation agreement may not include expenditures by the party
2.8alleged to have committed a violation for purposes that are not reasonably related to efforts
2.9to mitigate or remediate the specific violation, unless otherwise agreed to by the party.
2.10(e) A party subject to a proposed fine or penalty under this section is entitled to offer
2.11affirmative defenses including, but not limited to:
2.12(1) the number of prior contacts where a state agency offered reasonable corrective
2.13measures prior to issuing a fine or penalty;
2.14(2) the ability of the party to pay the proposed fine or penalty; and
2.15(3) other economic factors affecting the feasibility or practicality of compliance by
2.16the party.
2.17(f) As used in paragraphs (c) to (e), "party" has the meaning given in section 15.471,
2.18subdivision 6.
2.19(g) Paragraphs (c) to (e) do not apply to civil penalties assessed under chapter 10A."
2.20Amend the title accordingly