HF 969

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to occupations; abolishing the board of 
  1.3             architecture, engineering, land surveying, landscape 
  1.4             architecture, geoscience, and interior design; 
  1.5             amending Minnesota Statutes 1998, sections 16B.33, 
  1.6             subdivision 1; 82B.035, subdivision 3; 103I.205, 
  1.7             subdivision 4; 103I.601, subdivision 2; 214.01, 
  1.8             subdivision 3; 214.04, subdivision 3; 299M.03, 
  1.9             subdivision 1; 319B.02, subdivision 19; 326.53, 
  1.10            subdivision 1; 471.371, subdivision 3; 544.42, 
  1.11            subdivision 1; and 624.21; repealing Minnesota 
  1.12            Statutes 1998, sections 216D.01, subdivision 6a; 
  1.13            326.02; 326.03; 326.031; 326.04; 326.05; 326.06; 
  1.14            326.07; 326.09; 326.10; 326.11; 326.111; 326.12; 
  1.15            326.13; 326.14; and 326.15; Minnesota Rules, chapters 
  1.16            1800; and 1805. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  [ABOLITION OF BOARD.] 
  1.19     The board of architecture, engineering, land surveying, 
  1.20  landscape architecture, geoscience, and interior design is 
  1.21  abolished.  Its powers and duties are not transferred to any 
  1.22  other agency. 
  1.23     Sec. 2.  Minnesota Statutes 1998, section 16B.33, 
  1.24  subdivision 1, is amended to read: 
  1.25     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  1.26  following terms have the meanings given them:  
  1.27     (a) "Agency" has the meaning given in section 16B.01.  
  1.28     (b) "Architect" means an architect or landscape architect 
  1.29  registered to practice under sections 326.02 to 326.15.  
  1.30     (c) "Board" means the state designer selection board.  
  1.31     (d) (c) "Designer" means an architect or engineer, or a 
  2.1   partnership, association, or corporation comprised primarily of 
  2.2   architects or engineers or of both architects and engineers.  
  2.3      (e) "Engineer" means an engineer registered to practice 
  2.4   under sections 326.02 to 326.15.  
  2.5      (f) (d) "Person" includes an individual, corporation, 
  2.6   partnership, association, or any other legal entity.  
  2.7      (g) (e) "Primary designer" means the designer who is to 
  2.8   have primary design responsibility for a project, and does not 
  2.9   include designers who are merely consulted by the user agency 
  2.10  and do not have substantial design responsibility, or designers 
  2.11  who will or may be employed or consulted by the primary designer.
  2.12     (h) (f) "Project" means an undertaking to construct, erect, 
  2.13  or remodel a building by or for the state or an agency.  
  2.14     (i) (g) "User agency" means the agency undertaking a 
  2.15  specific project.  
  2.16     Sec. 3.  Minnesota Statutes 1998, section 82B.035, 
  2.17  subdivision 3, is amended to read: 
  2.18     Subd. 3.  [GEOLOGISTS OR ENGINEERS.] This chapter does not 
  2.19  apply to an appraisal, analysis, opinion, or conclusion as to 
  2.20  the value of oil, gas, coal, and other mineral resources 
  2.21  performed by an engineer registered as provided in sections 
  2.22  326.01 to 326.15 or by a certified professional geologist, 
  2.23  unless the appraisal, analysis, opinion, or conclusion of value 
  2.24  is performed in connection with a federally related transaction 
  2.25  subject to the requirements of United States Code, title 12, 
  2.26  section 3331, et seq., the federal Financial Institutions 
  2.27  Reform, Recovery, and Enforcement Act of 1989. 
  2.28     Sec. 4.  Minnesota Statutes 1998, section 103I.205, 
  2.29  subdivision 4, is amended to read: 
  2.30     Subd. 4.  [LICENSE REQUIRED.] (a) Except as provided in 
  2.31  paragraph (b), (c), or (d), a person may not drill, construct, 
  2.32  repair, or seal a well unless the person has a well contractor's 
  2.33  license in possession.  
  2.34     (b) A person may construct a monitoring well if the person: 
  2.35     (1) is a professional engineer registered under sections 
  2.36  326.02 to 326.15 in the branches of civil or geological 
  3.1   engineering; 
  3.2      (2) is a hydrologist or hydrogeologist certified by the 
  3.3   American Institute of Hydrology; 
  3.4      (3) is a professional engineer registered with the board of 
  3.5   architecture, engineering, land surveying, landscape 
  3.6   architecture, and interior design; 
  3.7      (4) is a geologist certified by the American Institute of 
  3.8   Professional Geologists; or 
  3.9      (5) (4) meets the qualifications established by the 
  3.10  commissioner in rule. 
  3.11     A person must register with the commissioner as a 
  3.12  monitoring well contractor on forms provided by the commissioner.
  3.13     (c) A person may do the following work with a limited well 
  3.14  contractor's license in possession.  A separate license is 
  3.15  required for each of the five activities:  
  3.16     (1) installing or repairing well screens or pitless units 
  3.17  or pitless adaptors and well casings from the pitless adaptor or 
  3.18  pitless unit to the upper termination of the well casing; 
  3.19     (2) constructing, repairing, and sealing drive point wells 
  3.20  or dug wells; 
  3.21     (3) installing well pumps or pumping equipment; 
  3.22     (4) sealing wells; or 
  3.23     (5) constructing, repairing, or sealing dewatering wells.  
  3.24     (d) Notwithstanding other provisions of this chapter 
  3.25  requiring a license or registration, a license or registration 
  3.26  is not required for a person who complies with the other 
  3.27  provisions of this chapter if the person is:  
  3.28     (1) an individual who constructs a well on land that is 
  3.29  owned or leased by the individual and is used by the individual 
  3.30  for farming or agricultural purposes or as the individual's 
  3.31  place of abode; or 
  3.32     (2) an individual who performs labor or services for a 
  3.33  contractor licensed or registered under the provisions of this 
  3.34  chapter in connection with the construction, sealing, or repair 
  3.35  of a well or boring at the direction and under the personal 
  3.36  supervision of a contractor licensed or registered under the 
  4.1   provisions of this chapter.  
  4.2      Sec. 5.  Minnesota Statutes 1998, section 103I.601, 
  4.3   subdivision 2, is amended to read: 
  4.4      Subd. 2.  [LICENSE REQUIRED TO MAKE BORINGS.] (a) Except as 
  4.5   provided in paragraph (b), a person may not make an exploratory 
  4.6   boring without an exploratory borer's license.  
  4.7      (b) An explorer may designate a responsible individual to 
  4.8   supervise and oversee the making of exploratory borings.  Before 
  4.9   an individual supervises or oversees an exploratory boring, the 
  4.10  individual must take and pass an examination relating to 
  4.11  construction, location, and sealing of exploratory borings.  A 
  4.12  professional engineer registered under sections 326.02 to 326.15 
  4.13  or a certified professional geologist is not required to take 
  4.14  the examination required in this subdivision but must be 
  4.15  licensed to make an exploratory boring. 
  4.16     Sec. 6.  Minnesota Statutes 1998, section 214.01, 
  4.17  subdivision 3, is amended to read: 
  4.18     Subd. 3.  [NON-HEALTH-RELATED LICENSING BOARD.] 
  4.19  "Non-health-related licensing board" means the board of teaching 
  4.20  established pursuant to section 122A.07, the board of barber 
  4.21  examiners established pursuant to section 154.22, the board of 
  4.22  assessors established pursuant to section 270.41, the board of 
  4.23  architecture, engineering, land surveying, landscape 
  4.24  architecture, geoscience, and interior design established 
  4.25  pursuant to section 326.04, the board of accountancy established 
  4.26  pursuant to section 326.17, the board of electricity established 
  4.27  pursuant to section 326.241, the private detective and 
  4.28  protective agent licensing board established pursuant to section 
  4.29  326.33, the board of boxing established pursuant to section 
  4.30  341.01, and the peace officer standards and training board 
  4.31  established pursuant to section 626.841. 
  4.32     Sec. 7.  Minnesota Statutes 1998, section 214.04, 
  4.33  subdivision 3, is amended to read: 
  4.34     Subd. 3.  [OFFICERS; STAFF.] The executive director of each 
  4.35  health-related board and the executive secretary of each 
  4.36  non-health-related board shall be the chief administrative 
  5.1   officer for the board but shall not be a member of the board.  
  5.2   The executive director or executive secretary shall maintain the 
  5.3   records of the board, account for all fees received by it, 
  5.4   supervise and direct employees servicing the board, and perform 
  5.5   other services as directed by the board.  The executive 
  5.6   directors, executive secretaries, and other employees of the 
  5.7   following boards shall be hired by the board, and the executive 
  5.8   directors or executive secretaries shall be in the unclassified 
  5.9   civil service, except as provided in this subdivision:  
  5.10     (1) dentistry; 
  5.11     (2) medical practice; 
  5.12     (3) nursing; 
  5.13     (4) pharmacy; 
  5.14     (5) accountancy; 
  5.15     (6) architecture, engineering, land surveying, landscape 
  5.16  architecture, geoscience, and interior design; 
  5.17     (7) barber examiners; 
  5.18     (8) (7) cosmetology; 
  5.19     (9) (8) electricity; 
  5.20     (10) (9) teaching; 
  5.21     (11) (10) peace officer standards and training; 
  5.22     (12) (11) social work; 
  5.23     (13) (12) marriage and family therapy; and 
  5.24     (14) (13) dietetics and nutrition practice. 
  5.25     The executive directors or executive secretaries serving 
  5.26  the boards are hired by those boards and are in the unclassified 
  5.27  civil service, except for part-time executive directors or 
  5.28  executive secretaries, who are not required to be in the 
  5.29  unclassified service.  Boards not requiring full-time executive 
  5.30  directors or executive secretaries may employ them on a 
  5.31  part-time basis.  To the extent practicable, the sharing of 
  5.32  part-time executive directors or executive secretaries by boards 
  5.33  being serviced by the same department is encouraged.  Persons 
  5.34  providing services to those boards not listed in this 
  5.35  subdivision, except executive directors or executive secretaries 
  5.36  of the boards and employees of the attorney general, are 
  6.1   classified civil service employees of the department servicing 
  6.2   the board.  To the extent practicable, the commissioner shall 
  6.3   ensure that staff services are shared by the boards being 
  6.4   serviced by the department.  If necessary, a board may hire 
  6.5   part-time, temporary employees to administer and grade 
  6.6   examinations. 
  6.7      Sec. 8.  Minnesota Statutes 1998, section 299M.03, 
  6.8   subdivision 1, is amended to read: 
  6.9      Subdivision 1.  [CONTRACTOR LICENSE.] Except for 
  6.10  residential installations by the owner of an occupied one- or 
  6.11  two-family dwelling, a person may not sell, design, install, 
  6.12  modify, or inspect a fire protection system, its parts, or 
  6.13  related equipment, or offer to do so, unless annually licensed 
  6.14  to perform these duties as a fire protection contractor.  No 
  6.15  license is required under this section for a person licensed as 
  6.16  a professional engineer under section 326.03 who is competent in 
  6.17  fire protection system design or a person licensed as an alarm 
  6.18  and communication contractor under section 326.2421 for 
  6.19  performing activities authorized by that license. 
  6.20     Sec. 9.  Minnesota Statutes 1998, section 319B.02, 
  6.21  subdivision 19, is amended to read: 
  6.22     Subd. 19.  [PROFESSIONAL SERVICES.] "Professional services" 
  6.23  means services of the type required or permitted to be furnished 
  6.24  by a professional under a license, registration, or certificate 
  6.25  issued by the state of Minnesota to practice medicine and 
  6.26  surgery under sections 147.01 to 147.22, as a physician 
  6.27  assistant pursuant to sections 147A.01 to 147A.27, chiropractic 
  6.28  under sections 148.01 to 148.105, registered nursing under 
  6.29  sections 148.171 to 148.285, optometry under sections 148.52 to 
  6.30  148.62, psychology under sections 148.88 to 148.98, dentistry 
  6.31  and dental hygiene under sections 150A.01 to 150A.12, pharmacy 
  6.32  under sections 151.01 to 151.40, podiatric medicine under 
  6.33  sections 153.01 to 153.25, veterinary medicine under sections 
  6.34  156.001 to 156.14, architecture, engineering, surveying, 
  6.35  landscape architecture, geoscience, and certified interior 
  6.36  design under sections 326.02 to 326.15, accountancy under 
  7.1   sections 326.17 to 326.229, or law under sections 481.01 to 
  7.2   481.17, or under a license or certificate issued by another 
  7.3   state under similar laws.  Professional services includes 
  7.4   services of the type required to be furnished by a professional 
  7.5   pursuant to a license or other authority to practice law under 
  7.6   the laws of a foreign nation. 
  7.7      Sec. 10.  Minnesota Statutes 1998, section 326.53, 
  7.8   subdivision 1, is amended to read: 
  7.9      Subdivision 1.  [GENERALLY.] (1) Any violation of the 
  7.10  provisions of sections 326.02 326.165 to 326.229 shall be a 
  7.11  gross misdemeanor. 
  7.12     (2) Every person violating any of the provisions of 
  7.13  sections 326.523 to 326.526, or assisting in such violation, 
  7.14  shall, upon conviction thereof, be punished by a fine not 
  7.15  exceeding $3,000 or, in default of the payment of such fine, by 
  7.16  imprisonment in the county jail for not more than one year.  In 
  7.17  the case of a corporation, the violation of these sections shall 
  7.18  be deemed to be also that of the individual directors, officers, 
  7.19  or agents of such corporation who have assisted in such 
  7.20  violation, or who have authorized, ordered, or done the acts or 
  7.21  omissions constituting, in whole or in part, such violation; 
  7.22  and, upon conviction thereof, any such directors, officers, or 
  7.23  agents shall be punished by fine or imprisonment as herein 
  7.24  provided. 
  7.25     Sec. 11.  Minnesota Statutes 1998, section 471.371, 
  7.26  subdivision 3, is amended to read: 
  7.27     Subd. 3.  [LIMITATIONS.] The provisions of subdivision 2 
  7.28  shall not in any way limit the application and effect of laws 
  7.29  governing the practice of architecture, professional 
  7.30  engineering, or land surveying in this state, including sections 
  7.31  326.02 to 326.15, and section 541.051. 
  7.32     Sec. 12.  Minnesota Statutes 1998, section 544.42, 
  7.33  subdivision 1, is amended to read: 
  7.34     Subdivision 1.  [DEFINITIONS.] For purposes of this section:
  7.35     (1) "professional" means a licensed attorney or an 
  7.36  architect, certified public accountant, engineer, land surveyor, 
  8.1   or landscape architect licensed or certified under sections 
  8.2   326.02 326.165 to 326.229; and 
  8.3      (2) "action" includes an original claim, cross-claim, 
  8.4   counterclaim, or third-party claim.  An action does not include 
  8.5   a claim for damages requiring notice pursuant to section 604.04. 
  8.6      Sec. 13.  Minnesota Statutes 1998, section 624.21, is 
  8.7   amended to read: 
  8.8      624.21 [SALE, POSSESSION, AND USE OF FIREWORKS PROHIBITED.] 
  8.9      Except as otherwise provided in sections 624.20 to 624.25, 
  8.10  it shall be unlawful for any person to offer for sale, expose 
  8.11  for sale, sell at retail or wholesale, possess, advertise, use, 
  8.12  or explode any fireworks.  This section shall not be construed 
  8.13  to prohibit the possession, use, or explosion of fireworks by an 
  8.14  engineer licensed pursuant to sections 326.02 and 326.03 or a 
  8.15  person under the engineer's direct supervision when undertaking 
  8.16  acoustical testing; or sales at wholesale to those persons 
  8.17  holding valid permits for a fireworks display from a 
  8.18  governmental subdivision of the state; or sales outside the 
  8.19  state or sales to licensed professional engineers for acoustical 
  8.20  testing purposes only. 
  8.21     Sec. 14.  [REPEALER.] 
  8.22     Minnesota Statutes 1998, sections 216D.01, subdivision 6a; 
  8.23  326.02; 326.03; 326.031; 326.04; 326.05; 326.06; 326.07; 326.09; 
  8.24  326.10; 326.11; 326.111; 326.12; 326.13; 326.14; and 326.15; 
  8.25  Minnesota Rules, chapters 1800; and 1805, are repealed.