1.1 	A bill for an act
1.2 	relating to health; modifying the Health Care
1.3 	Administrative Simplification Act of 1994; modifying
1.4 	requirements of federal Drug Enforcement
1.5 	Administration registration numbers; modifying
1.6 	provisions for wells, borings, and underground uses;
1.7 	modifying requirements for filing and issuing death
1.8 	records; modifying provisions for disposition of dead
1.9 	bodies; eliminating authority to designate certain
1.10 	morticians; amending Minnesota Statutes 2004, sections
1.11 	62J.51, subdivisions 17, 18; 62J.52, subdivisions 1,
1.12 	2, 5; 62J.54, subdivisions 1, 2; 62J.581, subdivision
1.13 	5; 103I.005, subdivisions 4a, 6, 7, 10, 12, by adding
1.14 	subdivisions; 103I.101, subdivisions 2, 5; 103I.105;
1.15 	103I.111, subdivisions 1, 3; 103I.115; 103I.205,
1.16 	subdivisions 4, 9; 103I.208, subdivisions 1, 2;
1.17 	103I.231; 103I.325, subdivision 2; 103I.345,
1.18 	subdivision 2; 103I.401; 103I.501; 103I.505; 103I.525,
1.19 	subdivisions 1, 2, 4, 5, 8, by adding a subdivision;
1.20 	103I.531, subdivisions 1, 2, 4, 5, 8, by adding a
1.21 	subdivision; 103I.535, subdivisions 1, 2, 4, 5, 7, 8,
1.22 	9, by adding a subdivision; 103I.541; 103I.545,
1.23 	subdivision 2; 103I.601, subdivisions 4, 9; 144.221,
1.24 	subdivision 1; 144.225, subdivision 7; 149A.93,
1.25 	subdivisions 1, 2, 3, 4, 5; 149A.94, subdivision 3;
1.26 	149A.96, subdivisions 1, 4, 7; Laws 1998, chapter 316,
1.27 	section 4; repealing Minnesota Statutes 2004, sections
1.28 	103I.005, subdivision 13; 103I.222; 144.214,
1.29 	subdivision 4.
1.30 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.31 	Section 1. Minnesota Statutes 2004, section 62J.51,
1.32 	subdivision 17, is amended to read:
1.33 		Subd. 17.Uniform billing form hcfa cms 1450.  "Uniform
1.34 	billing form HCFA CMS 1450" means the uniform billing form known
1.35 	as the HCFA CMS 1450 or UB92, developed by the National Uniform
1.36 	Billing Committee in 1992 and approved for implementation in
1.37 	October 1993, and any subsequent amendments to the form.

2.1 	Sec. 2. Minnesota Statutes 2004, section 62J.51,
2.2 	subdivision 18, is amended to read:
2.3 		Subd. 18.Uniform billing form hcfa cms 1500.  "Uniform
2.4 	billing form HCFA CMS 1500" means the 1990 version of the health
2.5 	insurance claim form, HCFA CMS 1500, developed by the National 
2.6 	Uniform claims form task force of the federal Health Care
2.7 	Financing Administration Claim Committee and any subsequent
2.8 	amendments to the form.

2.9 	Sec. 3. Minnesota Statutes 2004, section 62J.52,
2.10 	subdivision 1, is amended to read:
2.11 		Subdivision 1.Uniform billing form hcfa cms 1450.  (a)
2.12 	On and after January 1, 1996, all institutional inpatient
2.13 	hospital services, ancillary services, institutionally owned or
2.14 	operated outpatient services rendered by providers in Minnesota,
2.15 	and institutional or noninstitutional home health services that
2.16 	are not being billed using an equivalent electronic billing
2.17 	format, must be billed using the uniform billing form HCFA CMS 
2.18 	1450, except as provided in subdivision 5.
2.19 	(b) The instructions and definitions for the use of the
2.20 	uniform billing form HCFA CMS 1450 shall be in accordance with
2.21 	the uniform billing form manual specified by the commissioner.
2.22 	In promulgating these instructions, the commissioner may utilize
2.23 	the manual developed by the National Uniform Billing Committee,
2.24 	as adopted and finalized by the Minnesota Uniform Billing
2.25 	Committee.
2.26 	(c) Services to be billed using the uniform billing form
2.27 	HCFA CMS 1450 include:  institutional inpatient hospital
2.28 	services and distinct units in the hospital such as psychiatric
2.29 	unit services, physical therapy unit services, swing bed (SNF)
2.30 	services, inpatient state psychiatric hospital services,
2.31 	inpatient skilled nursing facility services, home health
2.32 	services (Medicare part A), and hospice services; ancillary
2.33 	services, where benefits are exhausted or patient has no
2.34 	Medicare part A, from hospitals, state psychiatric hospitals,
2.35 	skilled nursing facilities, and home health (Medicare part B);
2.36 	institutional owned or operated outpatient services such as
3.1 	waivered services, hospital outpatient services, including
3.2 	ambulatory surgical center services, hospital referred
3.3 	laboratory services, hospital-based ambulance services, and
3.4 	other hospital outpatient services, skilled nursing facilities,
3.5 	home health, freestanding renal dialysis centers, comprehensive
3.6 	outpatient rehabilitation facilities (CORF), outpatient
3.7 	rehabilitation facilities (ORF), rural health clinics, and
3.8 	community mental health centers; home health services such as
3.9 	home health intravenous therapy providers, waivered services,
3.10 	personal care attendants, and hospice; and any other health care
3.11 	provider certified by the Medicare program to use this form.
3.12 	(d) On and after January 1, 1996, a mother and newborn
3.13 	child must be billed separately, and must not be combined on one
3.14 	claim form.

3.15 	Sec. 4. Minnesota Statutes 2004, section 62J.52,
3.16 	subdivision 2, is amended to read:
3.17 		Subd. 2.Uniform billing form hcfa cms 1500.  (a) On and
3.18 	after January 1, 1996, all noninstitutional health care services
3.19 	rendered by providers in Minnesota except dental or pharmacy
3.20 	providers, that are not currently being billed using an
3.21 	equivalent electronic billing format, must be billed using the
3.22 	health insurance claim form HCFA CMS 1500, except as provided in
3.23 	subdivision 5.
3.24 	(b) The instructions and definitions for the use of the
3.25 	uniform billing form HCFA CMS 1500 shall be in accordance with
3.26 	the manual developed by the Administrative Uniformity Committee
3.27 	entitled standards for the use of the HCFA CMS 1500 form, dated
3.28 	February 1994, as further defined by the commissioner.
3.29 	(c) Services to be billed using the uniform billing form
3.30 	HCFA CMS 1500 include physician services and supplies, durable
3.31 	medical equipment, noninstitutional ambulance services,
3.32 	independent ancillary services including occupational therapy,
3.33 	physical therapy, speech therapy and audiology, home infusion
3.34 	therapy, podiatry services, optometry services, mental health
3.35 	licensed professional services, substance abuse licensed
3.36 	professional services, nursing practitioner professional
4.1 	services, certified registered nurse anesthetists,
4.2 	chiropractors, physician assistants, laboratories, medical
4.3 	suppliers, and other health care providers such as day activity
4.4 	centers and freestanding ambulatory surgical centers.

4.5 	Sec. 5. Minnesota Statutes 2004, section 62J.52,
4.6 	subdivision 5, is amended to read:
4.7 		Subd. 5.State and federal health care programs.  (a)
4.8 	Skilled nursing facilities and ICF/MR services billed to state
4.9 	and federal health care programs administered by the Department
4.10 	of Human Services shall use the form designated by the
4.11 	Department of Human Services.
4.12 	(b) On and after July 1, 1996, state and federal health
4.13 	care programs administered by the Department of Human Services
4.14 	shall accept the HCFA CMS 1450 for community mental health
4.15 	center services and shall accept the HCFA CMS 1500 for
4.16 	freestanding ambulatory surgical center services.
4.17 	(c) State and federal health care programs administered by
4.18 	the Department of Human Services shall be authorized to use the
4.19 	forms designated by the Department of Human Services for
4.20 	pharmacy services.
4.21 	(d) State and federal health care programs administered by
4.22 	the Department of Human Services shall accept the form
4.23 	designated by the Department of Human Services, and the HCFA CMS 
4.24 	1500 for supplies, medical supplies, or durable medical
4.25 	equipment.  Health care providers may choose which form to
4.26 	submit.
4.27 	(e) Personal care attendant and waivered services billed on
4.28 	a fee-for-service basis directly to state and federal health
4.29 	care programs administered by the Department of Human Services
4.30 	shall use either the HCFA CMS 1450 or the HCFA CMS 1500 form, as
4.31 	designated by the Department of Human Services.

4.32 	Sec. 6. Minnesota Statutes 2004, section 62J.54,
4.33 	subdivision 1, is amended to read:
4.34 		Subdivision 1.Unique identification number for health
4.35 	care provider organizations.  (a) Not later than 24 months after
4.36 	the date on which a unique health national provider identifier
5.1 	for health care providers is adopted or established made
5.2 	effective under United States Code, title 42, sections 1320d to
5.3 	1320d-8 (1996 and subsequent amendments), all group purchasers
5.4 	and any health care providers in Minnesota provider organization
5.5 	that meets the definition of a health care provider under United
5.6 	States Code, title 42, sections 1320d to 1320d-8, as amended,
5.7 	and regulations adopted thereunder shall use a unique
5.8 	identification number national provider identifier to identify
5.9 	health care provider organizations in Minnesota, according to
5.10 	this section,except as provided in paragraph (b).
5.11 	(b) Small health plans, as defined by the federal Secretary
5.12 	of Health and Human Services under United States Code, title 42,
5.13 	section 1320d-4 (1996 and subsequent amendments), shall use a
5.14 	unique identification number national provider identifier to
5.15 	identify health provider organizations no later than 36 months
5.16 	after the date on which a unique health national provider 
5.17 	identifier for health care providers is adopted or
5.18 	established made effective under United States Code, title 42,
5.19 	sections 1320d to 1320d-8 (1996 and subsequent amendments).
5.20 	(c) The unique health national provider identifier for
5.21 	health care providers adopted or established by the federal
5.22 	Secretary of Health and Human Services under United States Code,
5.23 	title 42, sections 1320d to 1320d-8 (1996 and subsequent
5.24 	amendments), shall be used as the unique identification number
5.25 	for health care provider organizations in Minnesota under this
5.26 	section.
5.27 	(d) Provider organizations required to have a unique health
5.28 	identifier are:
5.29 	(1) hospitals licensed under chapter 144;
5.30 	(2) nursing homes and hospices licensed under chapter 144A;
5.31 	(3) subacute care facilities;
5.32 	(4) individual providers organized as a clinic or group
5.33 	practice;
5.34 	(5) independent laboratory, pharmacy, surgery, radiology,
5.35 	or outpatient facilities;
5.36 	(6) ambulance services licensed under chapter 144;
6.1 	(7) special transportation services certified under chapter
6.2 	174; and 
6.3 	(8) other provider organizations as required by the federal
6.4 	Secretary of Health and Human Services under United States Code,
6.5 	title 42, sections 1320d to 1320d-8 (1996 and subsequent
6.6 	amendments).
6.7 	(d) All health care provider organizations in Minnesota
6.8 	that are eligible to obtain a national provider identifier
6.9 	according to United States Code, title 42, sections 1320d to
6.10 	1320d-8, as amended, and regulations adopted thereunder shall
6.11 	obtain a unique health national provider identifier from the
6.12 	federal Secretary of Health and Human Services using the process
6.13 	prescribed by the Secretary.
6.14 	(e) Only the unique health care provider organization 
6.15 	national provider identifier shall be used for purposes of to
6.16 	identify health care provider organizations when submitting and
6.17 	receiving paper and electronic claims and remittance advice
6.18 	notices, and in conjunction with other data collection and
6.19 	reporting functions.
6.20 	(f) Health care provider organizations in Minnesota shall
6.21 	make available their national provider identifier to other
6.22 	health care providers when required to be included in the
6.23 	administrative transactions regulated by United States Code,
6.24 	title 42, sections 1320d to 1320d-8, as amended, and regulations
6.25 	adopted thereunder.
6.26 	(g) The commissioner of health may contract with the
6.27 	federal Secretary of Health and Human Services or the
6.28 	Secretary's agent to implement this subdivision.

6.29 	Sec. 7. Minnesota Statutes 2004, section 62J.54,
6.30 	subdivision 2, is amended to read:
6.31 		Subd. 2.Unique identification number for individual
6.32 	health care providers.  (a) Not later than 24 months after the
6.33 	date on which a unique health national provider identifier for
6.34 	health care providers is adopted or established made effective 
6.35 	under United States Code, title 42, sections 1320d to 1320d-8
6.36 	(1996 and subsequent amendments), all group purchasers in
7.1 	Minnesota and any individual health care providers in Minnesota 
7.2 	provider that meets the definition of a health care provider
7.3 	under United States Code, title 42, sections 1320d to 1320d-8,
7.4 	as amended, and regulations adopted thereunder shall use a
7.5 	unique identification number the national provider identifier to
7.6 	identify an individual health care provider in
7.7 	Minnesota, according to this section,except as provided in
7.8 	paragraph (b).
7.9 	(b) Small health plans, as defined by the federal Secretary
7.10 	of Health and Human Services under United States Code, title 42,
7.11 	section 1320d-4 (1996 and subsequent amendments), shall use a
7.12 	unique identification number the national provider identifier to
7.13 	identify an individual health care provider no later than 36
7.14 	months after the date on which a unique health national provider 
7.15 	identifier for health care providers is adopted or
7.16 	established made effective under United States Code, title 42,
7.17 	sections 1320d to 1320d-8 (1996 and subsequent amendments).
7.18 	(c) The unique health national provider identifier for
7.19 	health care providers adopted or established by the federal
7.20 	Secretary of Health and Human Services under United States Code,
7.21 	title 42, sections 1320d to 1320d-8 (1996 and subsequent
7.22 	amendments), shall be used as the unique identification number
7.23 	for individual health care providers.
7.24 	(d) Individual providers required to have a unique health
7.25 	identifier are:
7.26 	(1) physicians licensed under chapter 147;
7.27 	(2) dentists licensed under chapter 150A;
7.28 	(3) chiropractors licensed under chapter 148;
7.29 	(4) podiatrists licensed under chapter 153;
7.30 	(5) physician assistants as defined under section 147A.01;
7.31 	(6) advanced practice nurses as defined under section
7.32 	62A.15;
7.33 	(7) doctors of optometry licensed under section 148.57;
7.34 	(8) pharmacists licensed under chapter 151;
7.35 	(9) individual providers who may bill Medicare for medical
7.36 	and other health services as defined in United States Code,
8.1 	title 42, section 1395x(s);
8.2 	(10) individual providers who are providers for state and
8.3 	federal health care programs administered by the commissioner of
8.4 	human services; and 
8.5 	(11) other individual providers as required by the federal
8.6 	Secretary of Health and Human Services under United States Code,
8.7 	title 42, sections 1320d to 1320d-8 (1996 and subsequent
8.8 	amendments).
8.9 	(d) All individual health care providers in Minnesota that
8.10 	are eligible to obtain a national provider identifier according
8.11 	to United States Code, title 42, sections 1320d to 1320d-8, as
8.12 	amended, and regulations adopted thereunder shall obtain a
8.13 	unique health national provider identifier from the federal
8.14 	Secretary of Health and Human Services using the process
8.15 	prescribed by the Secretary.
8.16 	(e) Only the unique individual health care national 
8.17 	provider identifier shall be used for purposes of to identify
8.18 	individual health care providers when submitting and receiving
8.19 	paper and electronic claims and remittance advice notices, and
8.20 	in conjunction with other data collection and reporting
8.21 	functions.
8.22 	(f) Individual health care providers in Minnesota shall
8.23 	make available their national provider identifier to other
8.24 	health care providers when required to be included in the
8.25 	administrative transactions regulated by United States Code,
8.26 	title 42, sections 1320d to 1320d-8, as amended, and regulations
8.27 	adopted thereunder.
8.28 	(g) The commissioner of health may contract with the
8.29 	federal Secretary of Health and Human Services or the
8.30 	Secretary's agent to implement this subdivision.

8.31 	Sec. 8. Minnesota Statutes 2004, section 62J.581,
8.32 	subdivision 5, is amended to read:
8.33 		Subd. 5.Effective date.  The requirements in
8.34 	subdivisions 1 and 2 are effective October 16, 2004 June 30,
8.35 	2007.  The requirements in subdivisions 1 and 2 apply regardless
8.36 	of when the health care service was provided to the patient.
9.1 	
EFFECTIVE DATE. This section is effective retroactively
9.2 	to October 16, 2004.

9.3 	Sec. 9. Minnesota Statutes 2004, section 103I.005, is
9.4 	amended by adding a subdivision to read:
9.5 		Subd. 2a.Certified representative. "Certified
9.6 	representative" means a person certified by the commissioner to
9.7 	represent a well contractor, limited well/boring contractor,
9.8 	monitoring well contractor, or elevator boring contractor.

9.9 	Sec. 10. Minnesota Statutes 2004, section 103I.005,
9.10 	subdivision 4a, is amended to read:
9.11 		Subd. 4a.Dewatering well.  "Dewatering well" means a
9.12 	nonpotable well used to lower groundwater levels to allow for
9.13 	construction or use of underground space.  A dewatering well
9.14 	does not include:
9.15 	(1) a well or dewatering well an excavation 25 feet or less
9.16 	in depth for temporary dewatering during construction; or
9.17 	(2) a well used to lower groundwater levels for control or
9.18 	removal of groundwater contamination.

9.19 	Sec. 11. Minnesota Statutes 2004, section 103I.005,
9.20 	subdivision 6, is amended to read:
9.21 		Subd. 6.Elevator shaft boring.  "Elevator shaft boring "
9.22 	means a bore hole, jack hole, drilled hole, or excavation
9.23 	constructed to install an elevator shaft or hydraulic cylinder.

9.24 	Sec. 12. Minnesota Statutes 2004, section 103I.005,
9.25 	subdivision 7, is amended to read:
9.26 		Subd. 7.Elevator shaft boring contractor.  "Elevator
9.27 	shaft boring contractor" means a person with an elevator shaft 
9.28 	boring contractor's license issued by the commissioner.

9.29 	Sec. 13. Minnesota Statutes 2004, section 103I.005,
9.30 	subdivision 10, is amended to read:
9.31 		Subd. 10.Explorer.  "Explorer" means a person who has
9.32 	the right to drill an exploratory boring with an explorer's
9.33 	license issued by the commissioner.

9.34 	Sec. 14. Minnesota Statutes 2004, section 103I.005,
9.35 	subdivision 12, is amended to read:
9.36 		Subd. 12.Limited well/boring contractor.  "Limited
10.1 	well/boring contractor" means a person with a limited
10.2 	well/boring contractor's license issued by the
10.3 	commissioner. Limited well/boring contractor's licenses are
10.4 	issued for constructing, repairing, and sealing vertical heat
10.5 	exchangers; installing, repairing, and modifying pitless units
10.6 	and pitless adaptors, well casings above the pitless unit or
10.7 	pitless adaptor, well screens, or well diameters; constructing,
10.8 	repairing, and sealing drive point wells or dug wells;
10.9 	constructing, repairing, and sealing dewatering wells; sealing
10.10 	wells; and installing well pumps or pumping equipment.

10.11 	Sec. 15. Minnesota Statutes 2004, section 103I.005, is
10.12 	amended by adding a subdivision to read:
10.13 		Subd. 20a.Water supply well. "Water supply well" means
10.14 	a well that is not a dewatering well or monitoring well and
10.15 	includes wells used:
10.16 	(1) for potable water supply;
10.17 	(2) for irrigation;
10.18 	(3) for agricultural, commercial, or industrial water
10.19 	supply;
10.20 	(4) for heating or cooling;
10.21 	(5) as a remedial well; and 
10.22 	(6) for testing water yield for irrigation, commercial or
10.23 	industrial uses, residential supply, or public water supply.

10.24 	Sec. 16. Minnesota Statutes 2004, section 103I.101,
10.25 	subdivision 2, is amended to read:
10.26 		Subd. 2.Duties.  The commissioner shall:
10.27 	(1) regulate the drilling, construction, modification,
10.28 	repair, and sealing of wells and borings;
10.29 	(2) examine and license well contractors,;persons
10.30 	constructing, repairing, and sealing vertical heat exchangers,;
10.31 	persons modifying or repairing well casings, well screens, or
10.32 	well diameters; persons constructing, repairing, and sealing
10.33 	unconventional wells such as drive point wells or dug wells;
10.34 	persons constructing, repairing, and sealing dewatering wells;
10.35 	persons sealing wells; persons installing well pumps or pumping
10.36 	equipment; and persons excavating or drilling holes for the
11.1 	installation of elevator shafts borings or hydraulic cylinders;
11.2 	(3) register and examine monitoring well contractors;
11.3 	(4) license explorers engaged in exploratory boring and
11.4 	examine individuals who supervise or oversee exploratory boring;
11.5 	(5) after consultation with the commissioner of natural
11.6 	resources and the Pollution Control Agency, establish standards
11.7 	for the design, location, construction, repair, and sealing of
11.8 	wells, elevator shafts,and borings within the state; and
11.9 	(6) issue permits for wells, groundwater thermal devices,
11.10 	vertical heat exchangers, and excavation for holes to install 
11.11 	elevator shafts or hydraulic cylinders borings.

11.12 	Sec. 17. Minnesota Statutes 2004, section 103I.101,
11.13 	subdivision 5, is amended to read:
11.14 		Subd. 5.Commissioner to adopt rules.  The commissioner
11.15 	shall adopt rules including:
11.16 	(1) issuance of licenses for:
11.17 	(i) qualified well contractors, persons modifying or
11.18 	repairing well casings, well screens, or well diameters;
11.19 	(ii) persons constructing, repairing, and sealing
11.20 	unconventional wells such as drive points point wells or dug
11.21 	wells;
11.22 	(iii) persons constructing, repairing, and sealing
11.23 	dewatering wells;
11.24 	(iv) persons sealing wells;
11.25 	(v) persons installing well pumps or pumping equipment and
11.26 	excavating holes for installing elevator shafts or hydraulic
11.27 	cylinders; and 
11.28 	(vi) persons constructing, repairing, and sealing vertical
11.29 	heat exchangers; and 
11.30 	(vii) persons constructing, repairing, and sealing elevator
11.31 	borings;
11.32 	(2) issuance of registration for monitoring well
11.33 	contractors;
11.34 	(3) establishment of conditions for examination and review
11.35 	of applications for license and registration;
11.36 	(4) establishment of conditions for revocation and
12.1 	suspension of license and registration;
12.2 	(5) establishment of minimum standards for design,
12.3 	location, construction, repair, and sealing of wells and borings 
12.4 	to implement the purpose and intent of this chapter;
12.5 	(6) establishment of a system for reporting on wells and
12.6 	borings drilled and sealed;
12.7 	(7) establishment of standards for the construction,
12.8 	maintenance, sealing, and water quality monitoring of wells in
12.9 	areas of known or suspected contamination;
12.10 	(8) establishment of wellhead protection measures for wells
12.11 	serving public water supplies;
12.12 	(9) establishment of procedures to coordinate collection of
12.13 	well and boring data with other state and local governmental
12.14 	agencies;
12.15 	(10) establishment of criteria and procedures for
12.16 	submission of well and boring logs, formation samples or well or
12.17 	boring cuttings, water samples, or other special information
12.18 	required for and water resource mapping; and
12.19 	(11) establishment of minimum standards for design,
12.20 	location, construction, maintenance, repair, sealing, safety,
12.21 	and resource conservation related to borings, including
12.22 	exploratory borings as defined in section 103I.005, subdivision
12.23 	9.
12.24 	Until the commissioner adopts rules under this chapter to
12.25 	replace rules relating to wells and borings that were adopted
12.26 	under chapter 156A, the rules adopted under chapter 156A shall
12.27 	remain in effect.

12.28 	Sec. 18. Minnesota Statutes 2004, section 103I.105, is
12.29 	amended to read:
12.30 	103I.105 ADVISORY COUNCIL ON WELLS AND BORINGS.
12.31 	(a) The Advisory Council on Wells and Borings is
12.32 	established as an advisory council to the commissioner.  The
12.33 	advisory council shall consist of 18 voting members.  Of the 18
12.34 	voting members:
12.35 	(1) one member must be from the Department of Health,
12.36 	appointed by the commissioner of health;
13.1 	(2) one member must be from the Department of Natural
13.2 	Resources, appointed by the commissioner of natural resources;
13.3 	(3) one member must be a member of the Minnesota Geological
13.4 	Survey of the University of Minnesota, appointed by the
13.5 	director;
13.6 	(4) one member must be a responsible individual for a 
13.7 	licensed exploratory borer explorer;
13.8 	(5) one member must be a certified representative of a 
13.9 	licensed elevator shaft boring contractor;
13.10 	(6) two members must be members of the public who are not
13.11 	connected with the business of exploratory boring or the well
13.12 	drilling industry;
13.13 	(7) one member must be from the Pollution Control Agency,
13.14 	appointed by the commissioner of the Pollution Control Agency;
13.15 	(8) one member must be from the Department of
13.16 	Transportation, appointed by the commissioner of transportation;
13.17 	(9) one member must be from the Board of Water and Soil
13.18 	Resources appointed by its chair;
13.19 	(10) one member must be a certified representative of a 
13.20 	monitoring well contractor;
13.21 	(11) six members must be residents of this state appointed
13.22 	by the commissioner, who are actively engaged in the well
13.23 	drilling industry certified representatives of licensed well
13.24 	contractors, with not more than two from the seven-county
13.25 	metropolitan area and at least four from other areas of the
13.26 	state who represent different geographical regions; and
13.27 	(12) one member must be a certified representative of a 
13.28 	licensed vertical heat exchanger contractor or be certified by
13.29 	the International Ground Source Heat Pump Association and
13.30 	appointed by the commissioner.
13.31 	(b) An appointee of the well drilling industry may not
13.32 	serve more than two consecutive terms.
13.33 	(c) The appointees to the advisory council from the well
13.34 	drilling industry must:
13.35 	(1) have been residents of this state for at least three
13.36 	years before appointment; and
14.1 	(2) have at least five years' experience in the well
14.2 	drilling business.
14.3 	(d) The terms of the appointed members and the compensation
14.4 	and removal of all members are governed by section 15.059,
14.5 	except section 15.059, subdivision 5, relating to expiration of
14.6 	the advisory council does not apply.

14.7 	Sec. 19. Minnesota Statutes 2004, section 103I.111,
14.8 	subdivision 1, is amended to read:
14.9 		Subdivision 1.Delegation of duties of commissioner.  (a)
14.10 	The commissioner of health may enter into an agreement with a
14.11 	board of health to delegate all or part of the inspection,
14.12 	reporting, and enforcement duties authorized under provisions of
14.13 	this chapter pertaining to permitting, construction, repair, and
14.14 	sealing of wells and elevator shafts borings.
14.15 	(b) A board of health may delegate its powers and duties to
14.16 	other boards of health within its jurisdiction.  An agreement to
14.17 	delegate powers and duties of a board of health must be approved
14.18 	by the commissioner and is subject to subdivision 3.

14.19 	Sec. 20. Minnesota Statutes 2004, section 103I.111,
14.20 	subdivision 3, is amended to read:
14.21 		Subd. 3.Preemption unless delegation.  Notwithstanding
14.22 	any other law, a political subdivision may not regulate the
14.23 	construction, repair, or sealing of wells or elevator
14.24 	shafts borings unless the commissioner delegates authority under
14.25 	subdivisions 1 and 2.

14.26 	Sec. 21. Minnesota Statutes 2004, section 103I.115, is
14.27 	amended to read:
14.28 	103I.115 COMPLIANCE WITH THIS CHAPTER REQUIRED.
14.29 	(a) Except as provided in paragraph (b),A person may not
14.30 	construct, repair, or seal a well or boring, except as provided
14.31 	under the provisions of this chapter.
14.32 	(b) Until June 30, 1994, this chapter does not apply to
14.33 	dewatering wells 45 feet or less in depth.

14.34 	Sec. 22. Minnesota Statutes 2004, section 103I.205,
14.35 	subdivision 4, is amended to read:
14.36 		Subd. 4.License required.  (a) Except as provided in
15.1 	paragraph (b), (c), or (d), or (e), section 103I.401,
15.2 	subdivision 2, or section 103I.601, subdivision 2, a person may
15.3 	not drill, construct, repair, or seal a well or boring unless
15.4 	the person has a well contractor's license in possession.
15.5 	(b) A person may construct, repair, and seal a monitoring
15.6 	well if the person:
15.7 	(1) is a professional engineer registered licensed under
15.8 	sections 326.02 to 326.15 in the branches of civil or geological
15.9 	engineering;
15.10 	(2) is a hydrologist or hydrogeologist certified by the
15.11 	American Institute of Hydrology;
15.12 	(3) is a professional engineer registered with the Board of
15.13 	Architecture, Engineering, Land Surveying, Landscape
15.14 	Architecture, and Interior Design geoscientist licensed under
15.15 	sections 326.02 to 326.15;
15.16 	(4) is a geologist certified by the American Institute of
15.17 	Professional Geologists; or
15.18 	(5) meets the qualifications established by the
15.19 	commissioner in rule.
15.20 	A person must register with the commissioner as a
15.21 	monitoring well contractor on forms provided by the commissioner.
15.22 	(c) A person may do the following work with a limited
15.23 	well/boring contractor's license in possession.  A separate
15.24 	license is required for each of the six activities:
15.25 	(1) installing or repairing well screens or pitless units
15.26 	or pitless adaptors and well casings from the pitless adaptor or
15.27 	pitless unit to the upper termination of the well casing;
15.28 	(2) constructing, repairing, and sealing drive point wells
15.29 	or dug wells;
15.30 	(3) installing well pumps or pumping equipment;
15.31 	(4) sealing wells;
15.32 	(5) constructing, repairing, or sealing dewatering wells;
15.33 	or
15.34 	(6) constructing, repairing, or sealing vertical heat
15.35 	exchangers.
15.36 	(d) A person may construct, repair, and seal an elevator
16.1 	boring with an elevator boring contractor's license.
16.2 	(d) (e) Notwithstanding other provisions of this chapter
16.3 	requiring a license or registration, a license or registration
16.4 	is not required for a person who complies with the other
16.5 	provisions of this chapter if the person is:
16.6 	(1) an individual who constructs a well on land that is
16.7 	owned or leased by the individual and is used by the individual
16.8 	for farming or agricultural purposes or as the individual's
16.9 	place of abode; or
16.10 	(2) an individual who performs labor or services for a
16.11 	contractor licensed or registered under the provisions of this
16.12 	chapter in connection with the construction, sealing, or repair
16.13 	of a well or boring at the direction and under the personal
16.14 	supervision of a contractor licensed or registered under the
16.15 	provisions of this chapter.

16.16 	Sec. 23. Minnesota Statutes 2004, section 103I.205,
16.17 	subdivision 9, is amended to read:
16.18 		Subd. 9.Report of work.  Within 30 days after completion
16.19 	or sealing of a well or boring, the person doing the work must
16.20 	submit a verified report to the commissioner containing the
16.21 	information specified by rules adopted under this chapter.
16.22 	Within 30 days after receiving the report, the commissioner
16.23 	shall send or otherwise provide access to a copy of the report
16.24 	to the commissioner of natural resources, to the local soil and
16.25 	water conservation district where the well is located, and to
16.26 	the director of the Minnesota Geological Survey.

16.27 	Sec. 24. Minnesota Statutes 2004, section 103I.208,
16.28 	subdivision 1, is amended to read:
16.29 		Subdivision 1.Well notification fee.  The well
16.30 	notification fee to be paid by a property owner is:
16.31 	(1) for a new water supply well, $150, which includes the
16.32 	state core function fee;
16.33 	(2) for a well sealing, $30 for each well, which includes
16.34 	the state core function fee, except that for monitoring wells
16.35 	constructed on a single property, having depths within a 25 foot
16.36 	range, and sealed within 48 hours of start of construction, a
17.1 	single fee of $30; and
17.2 	(3) for construction of a dewatering well, $150, which
17.3 	includes the state core function fee, for each dewatering well
17.4 	except a dewatering project comprising five or more dewatering 
17.5 	wells shall be assessed a single fee of $750 for the dewatering 
17.6 	wells recorded on the notification.

17.7 	Sec. 25. Minnesota Statutes 2004, section 103I.208,
17.8 	subdivision 2, is amended to read:
17.9 		Subd. 2.Permit fee.  The permit fee to be paid by a
17.10 	property owner is:
17.11 	(1) for a water supply well that is not in use under a
17.12 	maintenance permit, $125 annually;
17.13 	(2) for construction of a monitoring well, $150, which
17.14 	includes the state core function fee;
17.15 	(3) for a monitoring well that is unsealed under a
17.16 	maintenance permit, $125 annually;
17.17 	(4) for monitoring wells used as a leak detection device at
17.18 	a single motor fuel retail outlet, a single petroleum bulk
17.19 	storage site excluding tank farms, or a single agricultural
17.20 	chemical facility site, the construction permit fee is $150,
17.21 	which includes the state core function fee, per site regardless
17.22 	of the number of wells constructed on the site, and the annual
17.23 	fee for a maintenance permit for unsealed monitoring wells is
17.24 	$125 per site regardless of the number of monitoring wells
17.25 	located on site;
17.26 	(5) for a groundwater thermal exchange device, in addition
17.27 	to the notification fee for water supply wells, $150, which
17.28 	includes the state core function fee;
17.29 	(6) for a vertical heat exchanger, $150;
17.30 	(7) for a dewatering well that is unsealed under a
17.31 	maintenance permit, $125 annually for each dewatering well,
17.32 	except a dewatering project comprising more than five dewatering 
17.33 	wells shall be issued a single permit for $625 annually
17.34 	for dewatering wells recorded on the permit; and
17.35 	(8) for excavating holes for the purpose of installing an 
17.36 	elevator shafts boring, $150 for each hole boring.

18.1 	Sec. 26. Minnesota Statutes 2004, section 103I.231, is
18.2 	amended to read:
18.3 	103I.231 COMMISSIONER MAY ORDER REPAIRS.
18.4 	(a) The commissioner may order a property owner to take
18.5 	remedial measures, including making repairs, reconstructing, or
18.6 	sealing a well or boring according to provisions of this
18.7 	chapter.  The order may be issued if the commissioner
18.8 	determines, based on inspection of the water or the well or
18.9 	boring site or an analysis of water from the well or boring,
18.10 	that the well or boring:
18.11 	(1) is contaminated or may contribute to the spread of
18.12 	contamination;
18.13 	(2) is required to be sealed under this chapter and has not
18.14 	been sealed according to provisions of this chapter;
18.15 	(3) is in a state of disrepair so that its continued
18.16 	existence endangers the quality of the groundwater;
18.17 	(4) is a health or safety hazard; or
18.18 	(5) is located in a place or constructed in a manner that
18.19 	its continued use or existence endangers the quality of the
18.20 	groundwater.
18.21 	(b) The order of the commissioner may be enforced in an
18.22 	action to seek compliance brought by the commissioner in the
18.23 	district court of the county where the well or boring is located.

18.24 	Sec. 27. Minnesota Statutes 2004, section 103I.325,
18.25 	subdivision 2, is amended to read:
18.26 		Subd. 2.Liability after sealing.  The owner of a well or
18.27 	boring is not liable for contamination of groundwater from the
18.28 	well or boring that occurs after the well or boring has been
18.29 	sealed by a licensed contractor in compliance with this chapter
18.30 	if a report of sealing has been filed with the commissioner of
18.31 	health by the contractor who performed the work, and if the
18.32 	owner has not disturbed or disrupted the sealed well or boring.

18.33 	Sec. 28. Minnesota Statutes 2004, section 103I.345,
18.34 	subdivision 2, is amended to read:
18.35 		Subd. 2.Expenditures. (a) Subject to appropriation by
18.36 	law, money in the account established under subdivision 1 may be
19.1 	used by the commissioner for sealing wells and borings.
19.2 	(b) In spending money under this subdivision, the
19.3 	commissioner shall give priority to the sealing by July 1, 1997,
19.4 	of all multiaquifer wells and borings entering the Mt.
19.5 	Simon-Hinckley aquifer that the commissioner has authority to
19.6 	seal under section 103I.315, subdivision 2.

19.7 	Sec. 29. Minnesota Statutes 2004, section 103I.401, is
19.8 	amended to read:
19.9 	103I.401 ELEVATOR SHAFT BORINGS.
19.10 		Subdivision 1.Permit required. (a) A person may not
19.11 	construct an elevator shaft boring until a permit for the hole
19.12 	or excavation is issued by the commissioner.
19.13 	(b) The elevator shaft boring permit preempts local permits
19.14 	except local building permits, and counties and home rule
19.15 	charter or statutory cities may not require a permit for
19.16 	elevator shaft holes or excavations borings.
19.17 		Subd. 2.License required. A person may not construct an
19.18 	elevator shaft boring unless the person possesses a well
19.19 	contractor's license or an elevator shaft boring contractor's
19.20 	license issued by the commissioner.
19.21 		Subd. 3.Sealing. A well contractor or elevator shaft 
19.22 	boring contractor must seal a hole or excavation that is no
19.23 	longer used for an elevator shaft boring.  The sealing must be
19.24 	done according to rules adopted by the commissioner.
19.25 		Subd. 4.Report. Within 30 days after completion or
19.26 	sealing of a hole or excavation for an elevator shaft boring,
19.27 	the person doing the work must submit a report to the
19.28 	commissioner on forms provided by the commissioner.

19.29 	Sec. 30. Minnesota Statutes 2004, section 103I.501, is
19.30 	amended to read:
19.31 	103I.501 LICENSING AND REGULATION OF WELLS AND BORINGS.
19.32 	(a) The commissioner shall regulate and license:
19.33 	(1) drilling, constructing, and repair of wells;
19.34 	(2) sealing of wells;
19.35 	(3) installing of well pumps and pumping equipment;
19.36 	(4) excavating, drilling, repairing,and sealing of holes
20.1 	for the installation of elevator shafts and hydraulic cylinders 
20.2 	borings;
20.3 	(5) construction, repair,and sealing of environmental bore
20.4 	holes; and
20.5 	(6) construction, repair, and sealing of vertical heat
20.6 	exchangers.
20.7 	(b) The commissioner shall examine and license well
20.8 	contractors, limited well/boring contractors, and elevator shaft 
20.9 	boring contractors, and examine and register monitoring well
20.10 	contractors.
20.11 	(c) The commissioner shall license explorers engaged in
20.12 	exploratory boring and shall examine persons who supervise or
20.13 	oversee exploratory boring.

20.14 	Sec. 31. Minnesota Statutes 2004, section 103I.505, is
20.15 	amended to read:
20.16 	103I.505 RECIPROCITY OF LICENSES AND REGISTRATIONS.
20.17 		Subdivision 1.Reciprocity authorized. The commissioner
20.18 	may issue a license or register a person under this chapter,
20.19 	without giving an examination, if the person is licensed or
20.20 	registered in another state and:
20.21 	(1) the requirements for licensing or registration under
20.22 	which the well or boring contractor was licensed or registered
20.23 	do not conflict with this chapter;
20.24 	(2) the requirements are of a standard not lower than that
20.25 	specified by the rules adopted under this chapter; and
20.26 	(3) equal reciprocal privileges are granted to licensees or
20.27 	registrants of this state.
20.28 		Subd. 2.License fee required. A well or boring 
20.29 	contractor must apply for the license or registration and pay
20.30 	the fees under the provisions of this chapter to receive a
20.31 	license or registration under this section.

20.32 	Sec. 32. Minnesota Statutes 2004, section 103I.525,
20.33 	subdivision 1, is amended to read:
20.34 		Subdivision 1.certification application.  (a) A person
20.35 	must file an application and application fee with the
20.36 	commissioner to apply for represent a well contractor's license 
21.1 	contractor.
21.2 	(b) The application must state the applicant's
21.3 	qualifications for the license, the equipment the applicant will
21.4 	use in the contracting certification as a representative, and
21.5 	other information required by the commissioner.  The application
21.6 	must be on forms prescribed by the commissioner.
21.7 	(c) A person may apply as an individual if the person:
21.8 	(1) is not the licensed well contractor representing a
21.9 	firm, sole proprietorship, partnership, association,
21.10 	corporation, or other entity including the United States
21.11 	government, any interstate body, the state,and an agency,
21.12 	department,or political subdivision of the state; and
21.13 	(2) meets the well contractor certification and license
21.14 	requirements under provisions of this chapter.

21.15 	Sec. 33. Minnesota Statutes 2004, section 103I.525,
21.16 	subdivision 2, is amended to read:
21.17 		Subd. 2.certification application fee.  The application
21.18 	fee for certification as a well contractor's
21.19 	license representative of a well contractor is $75.  The
21.20 	commissioner may not act on an application until the application
21.21 	fee is paid.

21.22 	Sec. 34. Minnesota Statutes 2004, section 103I.525, is
21.23 	amended by adding a subdivision to read:
21.24 		Subd. 3a.Issuance of certification. If an applicant
21.25 	meets the experience requirements established by rule and passes
21.26 	the examination as determined by the commissioner, the
21.27 	commissioner shall issue the applicant a certification to
21.28 	represent a well contractor.

21.29 	Sec. 35. Minnesota Statutes 2004, section 103I.525,
21.30 	subdivision 4, is amended to read:
21.31 		Subd. 4.Issuance of license.  If an applicant meets the
21.32 	experience requirements established by rule, passes the
21.33 	examination as determined by the commissioner a person employs a
21.34 	certified representative, submits the bond under subdivision 5,
21.35 	and pays the license fee under subdivision 6, the commissioner
21.36 	shall issue a well contractor's license.

22.1 	Sec. 36. Minnesota Statutes 2004, section 103I.525,
22.2 	subdivision 5, is amended to read:
22.3 		Subd. 5.Bond.  (a) As a condition of being issued a well
22.4 	contractor's license, the applicant, except a person applying
22.5 	for an individual well contractor's license, must submit a
22.6 	corporate surety bond for $10,000 approved by the commissioner.
22.7 	The bond must be conditioned to pay the state on unlawful 
22.8 	performance of work regulated by in this state that is not in
22.9 	compliance with this chapter in this state or rules adopted
22.10 	under this chapter.  The bond is in lieu of other license bonds
22.11 	required by a political subdivision of the state.
22.12 	(b) From proceeds of the bond, the commissioner may
22.13 	compensate persons injured or suffering financial loss because
22.14 	of a failure of the applicant to properly perform work or duties
22.15 	in compliance with this chapter or rules adopted under this
22.16 	chapter.

22.17 	Sec. 37. Minnesota Statutes 2004, section 103I.525,
22.18 	subdivision 8, is amended to read:
22.19 		Subd. 8.Renewal.  (a) A licensee must file an
22.20 	application and a renewal application fee to renew the license
22.21 	by the date stated in the license.
22.22 	(b) The renewal application fee for a well contractor's
22.23 	license is $250, except the fee for an individual well
22.24 	contractor's license is $75.
22.25 	(c) The renewal application must include information that
22.26 	the certified representative of the applicant has met continuing
22.27 	education requirements established by the commissioner by rule.
22.28 	(d) At the time of the renewal, the commissioner must have
22.29 	on file all properly completed well and boring construction 
22.30 	reports, well and boring sealing reports, reports of excavations
22.31 	to construct elevator shafts borings, water sample analysis
22.32 	reports,well and boring permits, and well notifications for
22.33 	work conducted by the licensee since the last license renewal.

22.34 	Sec. 38. Minnesota Statutes 2004, section 103I.531,
22.35 	subdivision 1, is amended to read:
22.36 		Subdivision 1.certification application.  (a) A person
23.1 	must file an application and an application fee with the
23.2 	commissioner to apply for represent a limited well/boring
23.3 	contractor's license contractor.
23.4 	(b) The application must state the applicant's
23.5 	qualifications for the license, the equipment the applicant will
23.6 	use in the contracting certification, and other information
23.7 	required by the commissioner.  The application must be on forms
23.8 	prescribed by the commissioner.

23.9 	Sec. 39. Minnesota Statutes 2004, section 103I.531,
23.10 	subdivision 2, is amended to read:
23.11 		Subd. 2.certification application fee.  The application
23.12 	fee for certification as a representative of a limited
23.13 	well/boring contractor's license contractor is $75.  The
23.14 	commissioner may not act on an application until the application
23.15 	fee is paid.

23.16 	Sec. 40. Minnesota Statutes 2004, section 103I.531, is
23.17 	amended by adding a subdivision to read:
23.18 		Subd. 3a.Issuance of certification. If an applicant
23.19 	meets the experience requirements established by rule and passes
23.20 	the examination as determined by the commissioner, the
23.21 	commissioner shall issue the applicant a certification to
23.22 	represent a limited well/boring contractor.

23.23 	Sec. 41. Minnesota Statutes 2004, section 103I.531,
23.24 	subdivision 4, is amended to read:
23.25 		Subd. 4.Issuance of license.  If an applicant meets the
23.26 	experience requirements established in rule, passes the
23.27 	examination as determined by the commissioner a person employs a
23.28 	certified representative, submits the bond under subdivision 5,
23.29 	and pays the license fee under subdivision 6, the commissioner
23.30 	shall issue a limited well/boring contractor's license.  If the
23.31 	other conditions of this section are satisfied, the commissioner
23.32 	may not withhold issuance of a dewatering limited license based
23.33 	on the applicant's lack of prior experience under a licensed
23.34 	well contractor.

23.35 	Sec. 42. Minnesota Statutes 2004, section 103I.531,
23.36 	subdivision 5, is amended to read:
24.1 		Subd. 5.Bond.  (a) As a condition of being issued a
24.2 	limited well/boring contractor's license for constructing,
24.3 	repairing, and sealing drive point wells or dug wells, sealing
24.4 	wells or borings, constructing, repairing, and sealing
24.5 	dewatering wells, or constructing, repairing, and sealing
24.6 	vertical heat exchangers, the applicant must submit a corporate
24.7 	surety bond for $10,000 approved by the commissioner.  As a
24.8 	condition of being issued a limited well/boring contractor's
24.9 	license for installing or repairing well screens or pitless
24.10 	units or pitless adaptors and well casings from the pitless
24.11 	adaptor or pitless unit to the upper termination of the well
24.12 	casing, or installing well pumps or pumping equipment, the
24.13 	applicant must submit a corporate surety bond for $2,000
24.14 	approved by the commissioner.  The bonds required in this
24.15 	paragraph must be conditioned to pay the state on unlawful 
24.16 	performance of work regulated by in this state that is not in
24.17 	compliance with this chapter in this state or rules adopted
24.18 	under this chapter.  The bonds are in lieu of other license
24.19 	bonds required by a political subdivision of the state.
24.20 	(b) From proceeds of a bond required in paragraph (a), the
24.21 	commissioner may compensate persons injured or suffering
24.22 	financial loss because of a failure of the applicant to properly 
24.23 	perform work or duties in compliance with this chapter or rules
24.24 	adopted under this chapter.

24.25 	Sec. 43. Minnesota Statutes 2004, section 103I.531,
24.26 	subdivision 8, is amended to read:
24.27 		Subd. 8.Renewal.  (a) A person must file an application
24.28 	and a renewal application fee to renew the limited well/boring
24.29 	contractor's license by the date stated in the license.
24.30 	(b) The renewal application fee for a limited well/boring
24.31 	contractor's license is $75.
24.32 	(c) The renewal application must include information that
24.33 	the certified representative of the applicant has met continuing
24.34 	education requirements established by the commissioner by rule.
24.35 	(d) At the time of the renewal, the commissioner must have
24.36 	on file all properly completed well and boring construction
25.1 	reports, well and boring sealing reports, well and boring 
25.2 	permits, vertical heat exchanger permits,water quality sample
25.3 	reports,and well notifications for work conducted by the
25.4 	licensee since the last license renewal.

25.5 	Sec. 44. Minnesota Statutes 2004, section 103I.535,
25.6 	subdivision 1, is amended to read:
25.7 		Subdivision 1.certification application.  (a) An
25.8 	individual must file an application and application fee with the
25.9 	commissioner to apply for represent an elevator shaft
25.10 	contractor's license boring contractor.
25.11 	(b) The application must state the applicant's
25.12 	qualifications for the license, the equipment the applicant will
25.13 	use in the contracting certification, and other information
25.14 	required by the commissioner.  The application must be on forms
25.15 	prescribed by the commissioner.

25.16 	Sec. 45. Minnesota Statutes 2004, section 103I.535,
25.17 	subdivision 2, is amended to read:
25.18 		Subd. 2.certification application fee.  The application
25.19 	fee for certification as a representative of an elevator shaft
25.20 	contractor's license boring contractor is $75.  The commissioner
25.21 	may not act on an application until the application fee is paid.

25.22 	Sec. 46. Minnesota Statutes 2004, section 103I.535, is
25.23 	amended by adding a subdivision to read:
25.24 		Subd. 3a.Issuance of certification. If the applicant
25.25 	meets the experience requirements established by rule and passes
25.26 	the examination as determined by the commissioner, the
25.27 	commissioner shall issue the applicant a certification to
25.28 	represent an elevator boring contractor.

25.29 	Sec. 47. Minnesota Statutes 2004, section 103I.535,
25.30 	subdivision 4, is amended to read:
25.31 		Subd. 4.Issuance of license.  If an applicant passes the
25.32 	examination as determined by the commissioner a person employs a
25.33 	certified representative, submits the bond under subdivision 5,
25.34 	and pays the license fee under subdivision 6, the commissioner
25.35 	shall issue an elevator shaft boring contractor's license to the
25.36 	applicant.

26.1 	Sec. 48. Minnesota Statutes 2004, section 103I.535,
26.2 	subdivision 5, is amended to read:
26.3 		Subd. 5.Bond.  (a) As a condition of being issued an
26.4 	elevator shaft boring contractor's license, the applicant must
26.5 	submit a corporate surety bond for $10,000 approved by the
26.6 	commissioner.  The bond must be conditioned to pay the state on
26.7 	unlawful performance of work regulated by in this state that is
26.8 	not in compliance with this chapter in this state or rules
26.9 	adopted under this chapter.
26.10 	(b) From proceeds of the bond, the commissioner may
26.11 	compensate persons injured or suffering financial loss because
26.12 	of a failure of the applicant to properly perform work or duties
26.13 	in compliance with this chapter or rules adopted under this
26.14 	chapter.

26.15 	Sec. 49. Minnesota Statutes 2004, section 103I.535,
26.16 	subdivision 7, is amended to read:
26.17 		Subd. 7.Validity.  An elevator shaft boring contractor's
26.18 	license is valid until the date prescribed in the license by the
26.19 	commissioner.

26.20 	Sec. 50. Minnesota Statutes 2004, section 103I.535,
26.21 	subdivision 8, is amended to read:
26.22 		Subd. 8.Renewal.  (a) A person must file an application
26.23 	and a renewal application fee to renew the license by the date
26.24 	stated in the license.
26.25 	(b) The renewal application fee for an elevator shaft 
26.26 	boring contractor's license is $75.
26.27 	(c) The renewal application must include information that
26.28 	the certified representative of the applicant has met continuing
26.29 	education requirements established by the commissioner by rule.
26.30 	(d) At the time of renewal, the commissioner must have on
26.31 	file all reports and permits for elevator shaft boring work
26.32 	conducted by the licensee since the last license renewal.

26.33 	Sec. 51. Minnesota Statutes 2004, section 103I.535,
26.34 	subdivision 9, is amended to read:
26.35 		Subd. 9.Incomplete or late renewal.  If a licensee fails
26.36 	to submit all information required for renewal in subdivision 8
27.1 	or submits the application and information after the required
27.2 	renewal date:
27.3 	(1) the licensee must include a late fee of $75; and
27.4 	(2) the licensee may not conduct activities authorized by
27.5 	the elevator shaft boring contractor's license until the renewal
27.6 	application, renewal application fee, and late fee, and all
27.7 	other information required in subdivision 8 are submitted.

27.8 	Sec. 52. Minnesota Statutes 2004, section 103I.541, is
27.9 	amended to read:
27.10 	103I.541 MONITORING WELL CONTRACTORS CONTRACTOR'S
27.11 	REGISTRATION; REPRESENTATIVE'S CERTIFICATION.
27.12 		Subdivision 1.initial registration after july 1, 1990.
 27.13 	After July 1, 1990,A person seeking initial registration as a
27.14 	monitoring well contractor must meet examination and experience
27.15 	requirements adopted by the commissioner by rule.
27.16 		Subd. 2.Validity. A monitoring well contractor's
27.17 	registration is valid until the date prescribed in the
27.18 	registration by the commissioner.
27.19 		Subd. 2a.certification application. (a) An individual
27.20 	must submit an application and application fee to the
27.21 	commissioner to apply for certification as a representative of a
27.22 	monitoring well contractor registration.
27.23 	(b) The application must be on forms prescribed by the
27.24 	commissioner.  The application must state the applicant's
27.25 	qualifications for the registration certification, the equipment
27.26 	the applicant will use in the contracting,and other information
27.27 	required by the commissioner.
27.28 		Subd. 2b.application fee issuance of registration. The
27.29 	application If a person employs a certified representative,
27.30 	submits the bond under subdivision 3, and pays the registration 
27.31 	fee of $75 for a monitoring well contractor registration is $75 ,
27.32 	the commissioner shall issue a monitoring well contractor
27.33 	registration to the applicant.  The fee for an individual
27.34 	registration is $75.  The commissioner may not act on an
27.35 	application until the application fee is paid.
27.36 		Subd. 2c.Certification application fee. The application
28.1 	fee for certification as a representative of a monitoring well
28.2 	contractor is $75.  The commissioner may not act on an
28.3 	application until the application fee is paid.
28.4 		Subd. 2d.Examination. After the commissioner has
28.5 	approved an application, the applicant must take an examination
28.6 	given by the commissioner.
28.7 		Subd. 2e.Issuance of certification. If the applicant
28.8 	meets the experience requirements established by rule and passes
28.9 	the examination as determined by the commissioner, the
28.10 	commissioner shall issue the applicant a certification to
28.11 	represent a monitoring well contractor.
28.12 		Subd. 3.Bond. (a) As a condition of being issued a
28.13 	monitoring well contractor's registration, the applicant must
28.14 	submit a corporate surety bond for $10,000 approved by the
28.15 	commissioner.  The bond must be conditioned to pay the state on
28.16 	unlawful performance of work regulated by in this state that is
28.17 	not in compliance with this chapter in this state or rules
28.18 	adopted under this chapter.  The bond is in lieu of other
28.19 	license bonds required by a political subdivision of the state.
28.20 	(b) From proceeds of the bond, the commissioner may
28.21 	compensate persons injured or suffering financial loss because
28.22 	of a failure of the applicant to properly perform work or duties
28.23 	in compliance with this chapter or rules adopted under this
28.24 	chapter.
28.25 		Subd. 4.Renewal. (a) A person must file an application
28.26 	and a renewal application fee to renew the registration by the
28.27 	date stated in the registration.
28.28 	(b) The renewal application fee for a monitoring well
28.29 	contractor's registration is $75.
28.30 	(c) The renewal application must include information that
28.31 	the certified representative of the applicant has met continuing
28.32 	education requirements established by the commissioner by rule.
28.33 	(d) At the time of the renewal, the commissioner must have
28.34 	on file all well and boring construction reports, well and
28.35 	boring sealing reports, well permits, and notifications for work
28.36 	conducted by the registered person since the last registration
29.1 	renewal.
29.2 		Subd. 5.Incomplete or late renewal. If a registered
29.3 	person submits a renewal application after the required renewal
29.4 	date:
29.5 	(1) the registered person must include a late fee of $75;
29.6 	and
29.7 	(2) the registered person may not conduct activities
29.8 	authorized by the monitoring well contractor's registration
29.9 	until the renewal application, renewal application fee, late
29.10 	fee, and all other information required in subdivision 4 are
29.11 	submitted.

29.12 	Sec. 53. Minnesota Statutes 2004, section 103I.545,
29.13 	subdivision 2, is amended to read:
29.14 		Subd. 2.pump hoist.  (a) A person may not use a machine
29.15 	such as a pump hoist for an activity requiring a license or
29.16 	registration under this chapter to repair wells or borings, seal
29.17 	wells or borings, or install pumps unless the machine is
29.18 	registered with the commissioner.
29.19 	(b) A person must apply for the registration on forms
29.20 	prescribed by the commissioner and submit a $75 registration fee.
29.21 	(c) A registration is valid for one year.

29.22 	Sec. 54. Minnesota Statutes 2004, section 103I.601,
29.23 	subdivision 4, is amended to read:
29.24 		Subd. 4.Map of borings.  By ten days before beginning
29.25 	exploratory boring, an explorer must submit to the commissioners
29.26 	of health and natural resources a county road map having a scale
29.27 	of one-half inch equal to one mile, as prepared by the
29.28 	Department of Transportation, or a 7.5 minute series topographic
29.29 	map (1:24,000 scale), as prepared by the United States
29.30 	Geological Survey,showing the location of each proposed
29.31 	exploratory boring to the nearest estimated 40 acre parcel.
29.32 	Exploratory boring that is proposed on the map may not be
29.33 	commenced later than 180 days after submission of the map,
29.34 	unless a new map is submitted.

29.35 	Sec. 55. Minnesota Statutes 2004, section 103I.601,
29.36 	subdivision 9, is amended to read:
30.1 		Subd. 9.Sealing report.  (a) By 30 days after permanent
30.2 	or temporary sealing of an exploratory boring, the explorer must
30.3 	submit a report to the commissioners of health and natural
30.4 	resources.
30.5 	(b) The report must be on forms provided by the
30.6 	commissioner of health and include:
30.7 	(1) the location of each drill hole in as large a scale as
30.8 	possible, which is normally prepared as part of the explorer's
30.9 	record;
30.10 	(2) the type and thickness of overburden and rock
30.11 	encountered;
30.12 	(3) identification of water bearing formations encountered;
30.13 	(4) identification of hydrologic conditions encountered;
30.14 	(5) method of sealing used;
30.15 	(6) methods of construction and drilling used; and
30.16 	(7) average scintillometer reading of waste drill
30.17 	cuttings from uranium or other radioactive mineral exploratory
30.18 	borings before backfilling of the recirculation pits.

30.19 	Sec. 56. Minnesota Statutes 2004, section 144.221,
30.20 	subdivision 1, is amended to read:
30.21 		Subdivision 1.When and where to file.  A death record
30.22 	for each death which occurs in the state shall be filed with the
30.23 	state registrar or local registrar or with a mortician
30.24 	designated pursuant to section 144.214, subdivision 4,within
30.25 	five days after death and prior to final disposition.

30.26 	Sec. 57. Minnesota Statutes 2004, section 144.225,
30.27 	subdivision 7, is amended to read:
30.28 		Subd. 7.Certified birth or death record.  (a) The state
30.29 	or local registrar shall issue a certified birth or death record
30.30 	or a statement of no vital record found to an individual upon
30.31 	the individual's proper completion of an attestation provided by
30.32 	the commissioner:
30.33 	(1) to a person who has a tangible interest in the
30.34 	requested vital record.  A person who has a tangible interest is:
30.35 	(i) the subject of the vital record;
30.36 	(ii) a child of the subject;
31.1 	(iii) the spouse of the subject;
31.2 	(iv) a parent of the subject;
31.3 	(v) the grandparent or grandchild of the subject;
31.4 	(vi) the party responsible for filing the vital record;
31.5 	(vii) the legal custodian or guardian or conservator of the
31.6 	subject;
31.7 	(viii) a personal representative, by sworn affidavit of the
31.8 	fact that the certified copy is required for administration of
31.9 	the estate;
31.10 	(ix) a successor of the subject, as defined in section
31.11 	524.1-201, if the subject is deceased, by sworn affidavit of the
31.12 	fact that the certified copy is required for administration of
31.13 	the estate;
31.14 	(x) if the requested record is a death record, a trustee of
31.15 	a trust by sworn affidavit of the fact that the certified copy
31.16 	is needed for the proper administration of the trust;
31.17 	(xi) a person or entity who demonstrates that a certified
31.18 	vital record is necessary for the determination or protection of
31.19 	a personal or property right, pursuant to rules adopted by the
31.20 	commissioner; or
31.21 	(xii) adoption agencies in order to complete confidential
31.22 	postadoption searches as required by section 259.83;
31.23 	(2) to any local, state, or federal governmental agency
31.24 	upon request if the certified vital record is necessary for the
31.25 	governmental agency to perform its authorized duties.  An
31.26 	authorized governmental agency includes the Department of Human
31.27 	Services, the Department of Revenue, and the United States
31.28 	Immigration and Naturalization Service;
31.29 	(3) to an attorney upon evidence of the attorney's license;
31.30 	(4) pursuant to a court order issued by a court of
31.31 	competent jurisdiction.  For purposes of this section, a
31.32 	subpoena does not constitute a court order; or
31.33 	(5) to a representative authorized by a person under
31.34 	clauses (1) to (4).
31.35 	(b) The state or local registrar shall also issue a
31.36 	certified death record to an individual described in paragraph
32.1 	(a), clause (1), items (ii) to (vii), if, on behalf of the
32.2 	individual, a licensed mortician designated to receive death
32.3 	records under section 144.214, subdivision 4,furnishes the
32.4 	registrar with a properly completed attestation in the form
32.5 	provided by the commissioner within 180 days of the time of
32.6 	death of the subject of the death record.  This paragraph is not
32.7 	subject to the requirements specified in Minnesota Rules, part
32.8 	4601.2600, subpart 5, item B.

32.9 	Sec. 58. Minnesota Statutes 2004, section 149A.93,
32.10 	subdivision 1, is amended to read:
32.11 		Subdivision 1.Permits required.  After removal from the
32.12 	place of death to any location where the body is held awaiting
32.13 	final disposition, further transportation of the body shall
32.14 	require a disposition or transit permit issued by the local
32.15 	registrar of the place of death, a subregistrar as defined by
32.16 	Minnesota Rules, part 4600.0100, subpart 5, or, if necessary to
32.17 	avoid delay, the commissioner a licensed mortician.  Permits
32.18 	shall contain the information required on the permit form as
32.19 	furnished by the commissioner and shall be signed by the local
32.20 	registrar or subregistrar and the person in legal custody of the
32.21 	body, and, where appropriate, the mortician, intern, or
32.22 	practicum student who embalmed the body, the person in charge of
32.23 	the conveyance in which the body will be moved, or the person in
32.24 	charge of the place of final disposition.  Where a funeral
32.25 	establishment name is used in signing a permit, it must be
32.26 	supported by the personal signature of a licensee employed by
32.27 	the funeral establishment.

32.28 	Sec. 59. Minnesota Statutes 2004, section 149A.93,
32.29 	subdivision 2, is amended to read:
32.30 		Subd. 2.Transit permit.  A transit permit shall be is 
32.31 	required when a body is to be:
32.32 	(1) moved within a registration district and legal and
32.33 	physical custody of the body is transferred;
32.34 	(2) removed from a registration district;
32.35 	(3) removed from the county where the death occurred;
32.36 	(4) a body is transported by public transportation; or
33.1 	(5) (3) a body is removed from the state.

33.2 	Sec. 60. Minnesota Statutes 2004, section 149A.93,
33.3 	subdivision 3, is amended to read:
33.4 		Subd. 3.Disposition permit.  A disposition permit shall
33.5 	be is required before a body can be buried, entombed, or
33.6 	cremated, or when a body will be retained for more than five
33.7 	calendar days.  No disposition permit shall be issued until a
33.8 	fact of death record has been completed or the issuing authority
33.9 	receives firm assurances that the death record will be completed
33.10 	within a reasonable amount of time not to exceed seven calendar
33.11 	days from the issuance of the permit.

33.12 	Sec. 61. Minnesota Statutes 2004, section 149A.93,
33.13 	subdivision 4, is amended to read:
33.14 		Subd. 4.Possession of permit.  Until the body is
33.15 	delivered for final disposition, the disposition permit shall be
33.16 	in possession of the person in physical or legal custody of the
33.17 	body, or attached to the transportation container which holds
33.18 	the body.  At the place of final disposition, legal custody of
33.19 	the body shall pass with the filing of the disposition permit
33.20 	with the person in charge of that place, the health board
33.21 	authorized under section 145A.04, where local disposition
33.22 	permits are required, or the commissioner where there is no
33.23 	legal entity in charge of the place of final disposition.

33.24 	Sec. 62. Minnesota Statutes 2004, section 149A.93,
33.25 	subdivision 5, is amended to read:
33.26 		Subd. 5.Death outside state; disposition permit.  When a
33.27 	death occurs outside of the state and the body travels into or
33.28 	through this state, the body must be accompanied by a permit for
33.29 	burial, removal, or other disposition issued in accordance with
33.30 	the laws and rules of the state where the death occurred. The
33.31 	properly issued permit from the state where the death occurred
33.32 	shall authorize the transportation of the body into or through
33.33 	this state, but before final disposition in this state, a
33.34 	separate Minnesota disposition permit must be issued and filed,
33.35 	together with the foreign permit, according to subdivision 4.

33.36 	Sec. 63. Minnesota Statutes 2004, section 149A.94,
34.1 	subdivision 3, is amended to read:
34.2 		Subd. 3.Permit required.  No dead human body shall be
34.3 	buried, entombed, or cremated without the filing of a properly
34.4 	issued disposition permit.  The disposition permit must be filed 
34.5 	with the person in charge of the place of final disposition.
34.6 	Where a dead human body will be transported out of this state
34.7 	for final disposition, the body must be accompanied by
34.8 	a properly issued disposition transit permit.

34.9 	Sec. 64. Minnesota Statutes 2004, section 149A.96,
34.10 	subdivision 1, is amended to read:
34.11 		Subdivision 1.Written authorization.  Except as provided
34.12 	in this section, no dead human body or human remains shall be
34.13 	disinterred and reinterred without the written authorization of
34.14 	the person or persons legally entitled to control the body or
34.15 	remains and a disinterment- transit-reinterment permit properly
34.16 	issued by the local state registrar or subregistrar a licensed
34.17 	mortician.  Permits shall contain the information required on
34.18 	the permit form as furnished by the commissioner and shall be
34.19 	signed by the local registrar or subregistrar and the person in
34.20 	legal custody of the body, and, where appropriate, the
34.21 	mortician, intern, or practicum student who embalmed the body,
34.22 	the person in charge of the conveyance in which the body will be
34.23 	moved, or the person in charge of the place of final
34.24 	disposition.  Where a funeral establishment name is used in
34.25 	signing a permit, it must be supported by the personal signature
34.26 	of a licensee employed by the funeral establishment.

34.27 	Sec. 65. Minnesota Statutes 2004, section 149A.96,
34.28 	subdivision 4, is amended to read:
34.29 		Subd. 4.Disinterment procedure; removal from dedicated
34.30 	cemetery opposed. No dead human body or human remains shall be
34.31 	disinterred and removed from a dedicated cemetery for
34.32 	reinterment elsewhere without a written and notarized
34.33 	authorization from the person or persons with the legal right to
34.34 	control the disposition and a disinterment-transit-reinterment
34.35 	permit issued by the local registrar or subregistrar.  The
34.36 	person or persons requesting the disinterment and reinterment
35.1 	must obtain a copy of the death record showing the manner and
35.2 	location of final disposition.  The copy of the death record
35.3 	along with written and notarized authorization to disinter and
35.4 	reinter obtained from the person or persons with legal right to
35.5 	control the body as expressed in section 149A.80, and a written
35.6 	and notarized statement of the reasons for requesting
35.7 	disinterment, the manner in which the body or remains will be
35.8 	disinterred and transported, the location of reinterment, and
35.9 	whether there are any known parties who oppose the disinterment
35.10 	shall be submitted to the registrar or a subregistrar in the
35.11 	registration district or county where the body or remains are
35.12 	interred.  If the request for disinterment is unopposed, the
35.13 	registrar or subregistrar shall issue a
35.14 	disinterment-transit-reinterment permit.If the disinterment is
35.15 	opposed, no disinterment-reinterment permit shall issue be
35.16 	issued until the state registrar or subregistrar licensed
35.17 	mortician receives a certified copy of a court order showing
35.18 	reasonable cause to disinter that specifically orders the
35.19 	disinterment and reinterment.

35.20 	Sec. 66. Minnesota Statutes 2004, section 149A.96,
35.21 	subdivision 7, is amended to read:
35.22 		Subd. 7.Filing of documentation of disinterment and
35.23 	reinterment.  The cemetery where the body or remains were
35.24 	originally interred shall retain a copy of the
35.25 	disinterment- transit-reinterment permit, the authorization to
35.26 	disinter, the death record,and, if applicable, the court order
35.27 	showing reasonable cause to disinter.  Until the body or remains
35.28 	are reinterred the original permit and other documentation shall
35.29 	be in the possession of the person in physical or legal custody
35.30 	of the body or remains, or attached to the transportation
35.31 	container which holds the body or remains.  At the time of
35.32 	reinterment, the permit and other documentation shall be filed
35.33 	according to the laws, rules, or regulations of the state or
35.34 	country where reinterment occurs. Where the body or remains are
35.35 	to be removed from a dedicated cemetery for reinterment
35.36 	elsewhere, the authority issuing the
36.1 	disinterment-transit-reinterment permit shall forward a
36.2 	photocopy of the issued permit to the commissioner to be filed
36.3 	with the original death record.If the death occurred in
36.4 	Minnesota, the state registrar or a licensed mortician shall
36.5 	inform the person requesting the disinterment and reinterment of
36.6 	the right to request an amendment to the death record according
36.7 	to Minnesota Rules, chapter 4601.

36.8 	Sec. 67. Laws 1998, chapter 316, section 4, is amended to
36.9 	read:
36.10 	Sec. 4EFFECTIVE DATE.
 36.11 	Sections 1 to 3 are effective 24 months after the date on
36.12 	which a unique health national provider identifier is adopted or
36.13 	established made effective under United States Code, title 42,
36.14 	sections 1320d to 1320d-8 (1996 and subsequent amendments).

36.15 	Sec. 68. REPEALER.
 36.16 	Minnesota Statutes 2004, sections 103I.005, subdivision 13;
36.17 	103I.222; and 144.214, subdivision 4, are repealed.