HF 1700

as introduced - 88th Legislature (2013 - 2014) Posted on 04/04/2013 01:24pm

A bill for an act
relating to agriculture; establishing a system of licensure for agricultural drainage
system installers; prohibiting county commissioners from acting as public
drainage inspectors; requiring public drainage viewer and inspector training;
appropriating money; amending Minnesota Statutes 2012, section 103E.065;
proposing coding for new law in Minnesota Statutes, chapter 103E; proposing
coding for new law as Minnesota Statutes, chapter 18K.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [18K.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions in this section apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Agricultural drainage system or system. new text end

new text begin "Agricultural drainage system"
or "system" means a drainage system installed or modified to improve the productivity
of agricultural land and includes all tile, pipe, or tubing of any material beneath the
surface and any associated inlets and outlets. It does not mean a public drainage project
or system regulated under chapter 103E.
new text end

new text begin Subd. 3. new text end

new text begin Commercial installer. new text end

new text begin "Commercial installer" means a person who has or
is required to have a commercial installer license.
new text end

new text begin Subd. 4. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of agriculture or
an agent authorized by the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Inspector. new text end

new text begin "Inspector" means a person appointed to examine a public
drainage system under chapter 103E.
new text end

new text begin Subd. 6. new text end

new text begin Private installer. new text end

new text begin "Private installer" means a person who has or is required
to have a private installer license.
new text end

new text begin Subd. 7. new text end

new text begin Viewer. new text end

new text begin "Viewer" means a person appointed to assess public drainage
system benefits and damages under chapter 103E.
new text end

Sec. 2.

new text begin [18K.02] AGRICULTURAL DRAINAGE SYSTEM INSTALLER
REGULATORY ACCOUNT.
new text end

new text begin An agricultural drainage system installer regulatory account is established in the
agricultural fund. Fees, assessments, and penalties collected under this chapter must
be deposited in the agricultural fund and credited to the agricultural drainage system
installer regulatory account. Money in the account, including interest, is appropriated to
the commissioner for administration and enforcement of this chapter.
new text end

Sec. 3.

new text begin [18K.03] DRAINAGE EDUCATION AND TRAINING.
new text end

new text begin Subdivision 1. new text end

new text begin Education and training. new text end

new text begin (a) The commissioner, in consultation with
the commissioners of natural resources and pollution control and the Board of Water
and Soil Resources, shall develop innovative educational and training programs for
commercial installers, private installers, inspectors, and viewers. Educational and training
programs must address drainage system concerns including water quality protection, soil
erosion, flood control, and invasive species.
new text end

new text begin (b) The commissioner shall appoint educational planning committees which must
include representatives of industry.
new text end

new text begin (c) Specific current regulatory concerns must be discussed and, if appropriate,
incorporated into each training session.
new text end

new text begin (d) The commissioner may approve programs from private industry, higher
education institutions, and nonprofit organizations that meet minimum requirements for
education, training, and certification.
new text end

new text begin Subd. 2. new text end

new text begin Training manual and examination development. new text end

new text begin The commissioner,
in conjunction with the University of Minnesota Extension Service and the Minnesota
State Colleges and Universities system, shall continually revise and update drainage
system training manuals and examinations. Responsible agencies must determine
the examination questions. Manuals and examinations must include drainage system
installation, modification, and management practices that minimize or prevent negative
impacts on surface water quality, groundwater quality and quantity, soil erosion, flooding,
and invasive species dissemination.
new text end

Sec. 4.

new text begin [18K.04] COMMERCIAL INSTALLER LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Requirement. new text end

new text begin (a) A person may not install or modify an agricultural
drainage system for hire without a commercial installer license.
new text end

new text begin (b) A commercial installer must have a valid license identification card when
installing or modifying an agricultural drainage system for hire and must display it upon
demand by an authorized representative of the commissioner or a law enforcement officer.
The commissioner shall prescribe the information required on the license identification
card.
new text end

new text begin Subd. 2. new text end

new text begin Responsibility. new text end

new text begin A commercial installer is responsible for proper
installation or modification of a system.
new text end

new text begin Subd. 3. new text end

new text begin License. new text end

new text begin A commercial installer license:
new text end

new text begin (1) expires on December 31 of the year for which it is issued, unless suspended or
revoked before that date;
new text end

new text begin (2) is not transferable to another person; and
new text end

new text begin (3) must be prominently displayed to the public in the commercial installer's place of
business.
new text end

new text begin Subd. 4. new text end

new text begin Application. new text end

new text begin A person must apply to the commissioner for a commercial
installer license on forms and in the manner required by the commissioner. The
commissioner must prescribe and administer a closed-book, monitored examination or
equivalent measure to determine if the applicant is eligible for the commercial installer
license.
new text end

new text begin Subd. 5. new text end

new text begin Renewal application. new text end

new text begin (a) A person must apply to the commissioner
to renew a commercial installer license. The commissioner may renew a commercial
installer license accompanied by the application fee, subject to reexamination, attendance
at workshops approved by the commissioner, or other requirements imposed by the
commissioner to provide the installer with information regarding changing technology and
to ensure a continuing level of competence and ability to install or modify agricultural
drainage systems safely and properly. The applicant may renew a commercial installer
license within 12 months after expiration of the license without having to meet initial
testing requirements. The commissioner may require additional demonstration of installer
qualifications if a person had a license suspended or revoked or has a history of violations
of this chapter.
new text end

new text begin (b) An applicant that meets renewal requirements by reexamination instead of
attending workshops must pay the equivalent workshop fee for the reexamination as
determined by the commissioner.
new text end

new text begin Subd. 6. new text end

new text begin Financial responsibility. new text end

new text begin (a) The commissioner must not issue a
commercial installer license unless the applicant furnishes proof of financial responsibility.
Financial responsibility may be demonstrated by: (1) proof of net assets equal to or
greater than $50,000; or (2) a performance bond or insurance of the kind and in an amount
determined by the commissioner.
new text end

new text begin (b) The bond or insurance must cover a period of time at least equal to the term of
the applicant's license. The commissioner must immediately suspend the license of a
person who fails to maintain the required bond or insurance. The performance bond or
insurance policy must contain a provision requiring the insurance or bonding company
to notify the commissioner at least ten days before the effective date of cancellation,
termination, or any other change of the bond or insurance. If there is recovery against the
bond or insurance, additional coverage must be secured to maintain financial responsibility
equal to the original amount required.
new text end

new text begin (c) An employee of a licensed person is not required to maintain an insurance policy
or bond during the time the employer is maintaining the required insurance or bond.
new text end

new text begin (d) An application for reinstatement of a license suspended under the provisions of
this section must be accompanied by proof of satisfaction of judgments previously rendered.
new text end

new text begin Subd. 7. new text end

new text begin Application fees. new text end

new text begin (a) A person initially applying for or renewing a
commercial installer license must pay a nonrefundable application fee of $50.
new text end

new text begin (b) A license renewal application received after March 1 in the year for which the
license is to be issued is subject to a penalty fee of 50 percent of the application fee. The
commissioner may not issue a renewal license until the person pays the penalty fee.
new text end

new text begin (c) An application for a duplicate commercial installer license must be accompanied
by a nonrefundable application fee of $10.
new text end

Sec. 5.

new text begin [18K.05] PRIVATE INSTALLER CERTIFICATION.
new text end

new text begin Subdivision 1. new text end

new text begin Requirement. new text end

new text begin Except for a licensed commercial installer, only a
certified private installer may install or modify an agricultural drainage system:
new text end

new text begin (1) as a traditional exchange of services without financial compensation;
new text end

new text begin (2) on a site owned, rented, or managed by the person or the person's employees; or
new text end

new text begin (3) when the private installer is one of two or fewer employees and the owner or
operator is a certified private installer.
new text end

new text begin Subd. 2. new text end

new text begin Certification. new text end

new text begin (a) The commissioner shall prescribe certification
requirements, provide training to certify private installers, and provide information relating
to changing technology to ensure a continuing level of competency and ability to install or
modify a system properly and safely. The training may be done through cooperation with
other government agencies and must be a minimum of three hours in duration.
new text end

new text begin (b) A person must apply to the commissioner for certification as a private installer.
After completing the certification requirements, which must include an examination as
determined by the commissioner, an applicant must be certified as a private installer of
agricultural drainage systems. The certification shall expire March 1 of the third calendar
year after the initial year of certification.
new text end

new text begin (c) The commissioner shall issue a private installer card to a private installer.
new text end

new text begin Subd. 3. new text end

new text begin Fees. new text end

new text begin (a) A person applying to be certified as a private installer must pay a
nonrefundable $10 application fee for the certification period.
new text end

new text begin (b) An application for a duplicate certificate must be accompanied by a
nonrefundable application fee of $5.
new text end

Sec. 6.

new text begin [18K.06] ENFORCEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Enforcement required. new text end

new text begin The commissioner shall enforce this
chapter. Upon request of the commissioner, county attorneys, sheriffs, and other law
enforcement officers shall take action to the extent of their authority necessary or
proper for the enforcement of this chapter or special orders, standards, stipulations, and
agreements of the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin False statement on record. new text end

new text begin A person must not knowingly make or offer
a false statement, record, or other information as part of an application for a license or
certification under this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner's discretion. new text end

new text begin If minor violations of this chapter occur
or when the commissioner believes the public interest will be best served by a suitable
notice of warning in writing, this chapter does not require the commissioner to report the
violation for prosecution.
new text end

new text begin Subd. 4. new text end

new text begin Administrative remedies. new text end

new text begin (a) The commissioner may seek to remedy
violations by a written warning, administrative meeting, cease and desist, stop-use,
stop-sale, removal, correction order, or other special order, seizure, stipulation, agreement,
or administrative penalty, if the commissioner determines that the remedy is in the public
interest. In determining the amount of an administrative penalty, the commissioner shall
consider the economic gain received by the person allowing or committing the violation,
the gravity of the violation in terms of actual or potential damage to human health and the
environment, and the violator's culpability, good faith, and history of violations.
new text end

new text begin (b) The commissioner may, after written notice and hearing, revoke, suspend, or
refuse to grant or renew a license or certification if a person violates a provision of this
chapter or has a history within the last three years of violations of this chapter.
new text end

new text begin (c) The commissioner may refuse to accept an application for a license or certification
and may revoke or suspend a previously issued license or certification of a person from
another state if that person has had a license, certification, or equivalent authorization
denied, revoked, or suspended by another state for an offense reasonably related to the
requirements, qualifications, or duties of a license or certification issued under this chapter.
new text end

new text begin (d) The commissioner may cancel a license or certification issued under this chapter
after receiving satisfactory evidence that the licensee used fraudulent and deceptive
practices in the evasion or attempted evasion of the provisions of this chapter.
new text end

new text begin (e) The commissioner may not revoke a license or certification until the person has
been given opportunity for a hearing by the commissioner.
new text end

new text begin (f) If the commissioner did not have probable cause for an administrative action, a
court may allow recovery for damages caused by the administrative action.
new text end

new text begin Subd. 5. new text end

new text begin Criminal penalties. new text end

new text begin A person is guilty of a misdemeanor if the person
violates a provision of this chapter or a special order, standard, stipulation, agreement,
or schedule of compliance of the commissioner. The county attorney from the county
where a criminal violation occurred is responsible for prosecuting a violation of this
chapter. If the county attorney refuses to prosecute, the attorney general on request of
the commissioner may prosecute.
new text end

new text begin Subd. 6. new text end

new text begin Civil penalties. new text end

new text begin A person who violates this chapter or a special order,
standard, stipulation, agreement, or schedule of compliance of the commissioner is subject
to a civil penalty of $7,500 per day of violation as determined by the court. Civil judicial
enforcement actions may be brought by the attorney general in the name of the state on
behalf of the commissioner. A county attorney may bring a civil judicial enforcement
action upon the request of the commissioner and agreement by the attorney general.
new text end

Sec. 7.

Minnesota Statutes 2012, section 103E.065, is amended to read:

103E.065 DRAINAGE INSPECTORS.

In counties or watershed districts having drainage systems constructed in accordance
with this chapter, the drainage authority shall appoint a competent person as drainage
inspector. new text begin The inspector must not be a county commissioner. new text end The inspector may be the
county highway engineer. The inspector shall examine the drainage systems designated
by the drainage authority. The drainage authority shall specify the appointment period
and compensation.

Sec. 8.

new text begin [103E.90] VIEWER AND INSPECTOR TRAINING REQUIRED.
new text end

new text begin At least once each calendar year, a person appointed as a viewer or inspector under
this chapter must participate in training coordinated by the commissioner of agriculture
under chapter 18K.
new text end

Sec. 9. new text begin APPROPRIATION; EDUCATION PROGRAMS.
new text end

new text begin $100,000 is appropriated in fiscal year 2014 from the clean water fund to the
commissioner of agriculture to establish the training and education programs required
under section 3.
new text end