HF 1619

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; modifying the Health Care
Administrative Simplification Act of 1994; modifying
requirements of federal Drug Enforcement
Administration registration numbers; modifying
provisions for wells, borings, and underground uses;
modifying requirements for filing and issuing death
records; modifying provisions for disposition of dead
bodies; eliminating authority to designate certain
morticians; amending Minnesota Statutes 2004, sections
62J.51, subdivisions 17, 18; 62J.52, subdivisions 1,
2, 5; 62J.54, subdivisions 1, 2; 62J.581, subdivision
5; 103I.005, subdivisions 4a, 6, 7, 10, 12, by adding
subdivisions; 103I.101, subdivisions 2, 5; 103I.105;
103I.111, subdivisions 1, 3; 103I.115; 103I.205,
subdivisions 4, 9; 103I.208, subdivisions 1, 2;
103I.231; 103I.325, subdivision 2; 103I.345,
subdivision 2; 103I.401; 103I.501; 103I.505; 103I.525,
subdivisions 1, 2, 4, 5, 8, by adding a subdivision;
103I.531, subdivisions 1, 2, 4, 5, 8, by adding a
subdivision; 103I.535, subdivisions 1, 2, 4, 5, 7, 8,
9, by adding a subdivision; 103I.541; 103I.545,
subdivision 2; 103I.601, subdivisions 4, 9; 144.221,
subdivision 1; 144.225, subdivision 7; 149A.93,
subdivisions 1, 2, 3, 4, 5; 149A.94, subdivision 3;
149A.96, subdivisions 1, 4, 7; Laws 1998, chapter 316,
section 4; repealing Minnesota Statutes 2004, sections
103I.005, subdivision 13; 103I.222; 144.214,
subdivision 4.

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

Section 1.

Minnesota Statutes 2004, section 62J.51,
subdivision 17, is amended to read:

Subd. 17.

Uniform billing form deleted text begin hcfa deleted text end new text begin cms new text end 1450.

"Uniform
billing form deleted text begin HCFA deleted text end new text begin CMS new text end 1450" means the uniform billing form known
as the deleted text begin HCFA deleted text end new text begin CMS new text end 1450 or UB92, developed by the National Uniform
Billing Committee in 1992 and approved for implementation in
October 1993 new text begin , and any subsequent amendments to the form new text end .

Sec. 2.

Minnesota Statutes 2004, section 62J.51,
subdivision 18, is amended to read:

Subd. 18.

Uniform billing form deleted text begin hcfa deleted text end new text begin cms new text end 1500.

"Uniform
billing form deleted text begin HCFA deleted text end new text begin CMS new text end 1500" means the 1990 version of the health
insurance claim form, deleted text begin HCFA deleted text end new text begin CMS new text end 1500, developed by the new text begin National
new text end Uniform deleted text begin claims form task force of the federal Health Care
Financing Administration deleted text end new text begin Claim Committee and any subsequent
amendments to the form new text end .

Sec. 3.

Minnesota Statutes 2004, section 62J.52,
subdivision 1, is amended to read:

Subdivision 1.

Uniform billing form deleted text begin hcfa deleted text end new text begin cms new text end 1450.

(a)
On and after January 1, 1996, all institutional inpatient
hospital services, ancillary services, institutionally owned or
operated outpatient services rendered by providers in Minnesota,
and institutional or noninstitutional home health services that
are not being billed using an equivalent electronic billing
format, must be billed using the uniform billing form deleted text begin HCFA deleted text end new text begin CMS
new text end 1450, except as provided in subdivision 5.

(b) The instructions and definitions for the use of the
uniform billing form deleted text begin HCFA deleted text end new text begin CMS new text end 1450 shall be in accordance with
the uniform billing form manual specified by the commissioner.
In promulgating these instructions, the commissioner may utilize
the manual developed by the National Uniform Billing Committee,
as adopted and finalized by the Minnesota Uniform Billing
Committee.

(c) Services to be billed using the uniform billing form
deleted text begin HCFA deleted text end new text begin CMS new text end 1450 include: institutional inpatient hospital
services and distinct units in the hospital such as psychiatric
unit services, physical therapy unit services, swing bed (SNF)
services, inpatient state psychiatric hospital services,
inpatient skilled nursing facility services, home health
services (Medicare part A), and hospice services; ancillary
services, where benefits are exhausted or patient has no
Medicare part A, from hospitals, state psychiatric hospitals,
skilled nursing facilities, and home health (Medicare part B);
institutional owned or operated outpatient services such as
waivered services, hospital outpatient services, including
ambulatory surgical center services, hospital referred
laboratory services, hospital-based ambulance services, and
other hospital outpatient services, skilled nursing facilities,
home health, freestanding renal dialysis centers, comprehensive
outpatient rehabilitation facilities (CORF), outpatient
rehabilitation facilities (ORF), rural health clinics, and
community mental health centers; home health services such as
home health intravenous therapy providers, waivered services,
personal care attendants, and hospice; and any other health care
provider certified by the Medicare program to use this form.

(d) On and after January 1, 1996, a mother and newborn
child must be billed separately, and must not be combined on one
claim form.

Sec. 4.

Minnesota Statutes 2004, section 62J.52,
subdivision 2, is amended to read:

Subd. 2.

Uniform billing form deleted text begin hcfa deleted text end new text begin cms new text end 1500.

(a) On and
after January 1, 1996, all noninstitutional health care services
rendered by providers in Minnesota except dental or pharmacy
providers, that are not currently being billed using an
equivalent electronic billing format, must be billed using the
health insurance claim form deleted text begin HCFA deleted text end new text begin CMS new text end 1500, except as provided in
subdivision 5.

(b) The instructions and definitions for the use of the
uniform billing form deleted text begin HCFA deleted text end new text begin CMS new text end 1500 shall be in accordance with
the manual developed by the Administrative Uniformity Committee
entitled standards for the use of the deleted text begin HCFA deleted text end new text begin CMS new text end 1500 form, dated
February 1994, as further defined by the commissioner.

(c) Services to be billed using the uniform billing form
deleted text begin HCFA deleted text end new text begin CMS new text end 1500 include physician services and supplies, durable
medical equipment, noninstitutional ambulance services,
independent ancillary services including occupational therapy,
physical therapy, speech therapy and audiology, home infusion
therapy, podiatry services, optometry services, mental health
licensed professional services, substance abuse licensed
professional services, nursing practitioner professional
services, certified registered nurse anesthetists,
chiropractors, physician assistants, laboratories, medical
suppliers, and other health care providers such as day activity
centers and freestanding ambulatory surgical centers.

Sec. 5.

Minnesota Statutes 2004, section 62J.52,
subdivision 5, is amended to read:

Subd. 5.

State and federal health care programs.

(a)
Skilled nursing facilities and ICF/MR services billed to state
and federal health care programs administered by the Department
of Human Services shall use the form designated by the
Department of Human Services.

(b) On and after July 1, 1996, state and federal health
care programs administered by the Department of Human Services
shall accept the deleted text begin HCFA deleted text end new text begin CMS new text end 1450 for community mental health
center services and shall accept the deleted text begin HCFA deleted text end new text begin CMS new text end 1500 for
freestanding ambulatory surgical center services.

(c) State and federal health care programs administered by
the Department of Human Services shall be authorized to use the
forms designated by the Department of Human Services for
pharmacy services.

(d) State and federal health care programs administered by
the Department of Human Services shall accept the form
designated by the Department of Human Services, and the deleted text begin HCFA deleted text end new text begin CMS
new text end 1500 for supplies, medical supplies, or durable medical
equipment. Health care providers may choose which form to
submit.

(e) Personal care attendant and waivered services billed on
a fee-for-service basis directly to state and federal health
care programs administered by the Department of Human Services
shall use either the deleted text begin HCFA deleted text end new text begin CMS new text end 1450 or the deleted text begin HCFA deleted text end new text begin CMS new text end 1500 form, as
designated by the Department of Human Services.

Sec. 6.

Minnesota Statutes 2004, section 62J.54,
subdivision 1, is amended to read:

Subdivision 1.

Unique identification number for health
care provider organizations.

(a) Not later than 24 months after
the date on which a deleted text begin unique health deleted text end new text begin national provider new text end identifier
deleted text begin for health care providers deleted text end is deleted text begin adopted or established deleted text end new text begin made
effective new text end under United States Code, title 42, sections 1320d to
1320d-8 (1996 and subsequent amendments), all group purchasers
and new text begin any new text end health care deleted text begin providers in Minnesota deleted text end new text begin provider organization
that meets the definition of a health care provider under United
States Code, title 42, sections 1320d to 1320d-8, as amended,
and regulations adopted thereunder new text end shall use a deleted text begin unique
identification number deleted text end new text begin national provider identifier new text end to identify
health care provider organizations new text begin in Minnesota new text end , new text begin according to
this section, new text end except as provided in paragraph (b).

(b) Small health plans, as defined by the federal Secretary
of Health and Human Services under United States Code, title 42,
section 1320d-4 (1996 and subsequent amendments), shall use a
deleted text begin unique identification number deleted text end new text begin national provider identifier new text end to
identify health provider organizations no later than 36 months
after the date on which a deleted text begin unique health deleted text end new text begin national provider
new text end identifier deleted text begin for health care providers deleted text end is deleted text begin adopted or
established deleted text end new text begin made effective new text end under United States Code, title 42,
sections 1320d to 1320d-8 (1996 and subsequent amendments).

(c) The deleted text begin unique health deleted text end new text begin national provider new text end identifier for
health care providers deleted text begin adopted or deleted text end established by the federal
Secretary of Health and Human Services under United States Code,
title 42, sections 1320d to 1320d-8 (1996 and subsequent
amendments), shall be used as the unique identification number
for health care provider organizations new text begin in Minnesota under this
section new text end .

deleted text begin (d) Provider organizations required to have a unique health
identifier are:
deleted text end

deleted text begin (1) hospitals licensed under chapter 144;
deleted text end

deleted text begin (2) nursing homes and hospices licensed under chapter 144A;
deleted text end

deleted text begin (3) subacute care facilities;
deleted text end

deleted text begin (4) individual providers organized as a clinic or group
practice;
deleted text end

deleted text begin (5) independent laboratory, pharmacy, surgery, radiology,
or outpatient facilities;
deleted text end

deleted text begin (6) ambulance services licensed under chapter 144;
deleted text end

deleted text begin (7) special transportation services certified under chapter
174; and
deleted text end

deleted text begin (8) other provider organizations as required by the federal
Secretary of Health and Human Services under United States Code,
title 42, sections 1320d to 1320d-8 (1996 and subsequent
amendments).
deleted text end

new text begin (d) All health care new text end provider organizations new text begin in Minnesota
that are eligible to obtain a national provider identifier
according to United States Code, title 42, sections 1320d to
1320d-8, as amended, and regulations adopted thereunder new text end shall
obtain a deleted text begin unique health deleted text end new text begin national provider new text end identifier from the
federal Secretary of Health and Human Services using the process
prescribed by the Secretary.

(e) Only the deleted text begin unique health care provider organization
deleted text end new text begin national provider new text end identifier shall be used deleted text begin for purposes of deleted text end new text begin to
identify health care provider organizations when new text end submitting and
receiving new text begin paper and electronic new text end claims new text begin and remittance advice
notices new text end , and in conjunction with other data collection and
reporting functions.

(f) new text begin Health care provider organizations in Minnesota shall
make available their national provider identifier to other
health care providers when required to be included in the
administrative transactions regulated by United States Code,
title 42, sections 1320d to 1320d-8, as amended, and regulations
adopted thereunder.
new text end

new text begin (g) new text end The commissioner of health may contract with the
federal Secretary of Health and Human Services or the
Secretary's agent to implement this subdivision.

Sec. 7.

Minnesota Statutes 2004, section 62J.54,
subdivision 2, is amended to read:

Subd. 2.

Unique identification number for individual
health care providers.

(a) Not later than 24 months after the
date on which a deleted text begin unique health deleted text end new text begin national provider new text end identifier deleted text begin for
health care providers deleted text end is deleted text begin adopted or established deleted text end new text begin made effective
new text end under United States Code, title 42, sections 1320d to 1320d-8
(1996 and subsequent amendments), all group purchasers new text begin in
Minnesota new text end and new text begin any individual new text end health care deleted text begin providers in Minnesota
deleted text end new text begin provider that meets the definition of a health care provider
under United States Code, title 42, sections 1320d to 1320d-8,
as amended, and regulations adopted thereunder new text end shall use deleted text begin a
unique identification number deleted text end new text begin the national provider identifier new text end to
identify an individual health care provider new text begin in
Minnesota new text end , new text begin according to this section, new text end except as provided in
paragraph (b).

(b) Small health plans, as defined by the federal Secretary
of Health and Human Services under United States Code, title 42,
section 1320d-4 (1996 and subsequent amendments), shall use deleted text begin a
unique identification number deleted text end new text begin the national provider identifier new text end to
identify an individual health care provider no later than 36
months after the date on which a deleted text begin unique health deleted text end new text begin national provider
new text end identifier for health care providers is deleted text begin adopted or
established deleted text end new text begin made effective new text end under United States Code, title 42,
sections 1320d to 1320d-8 (1996 and subsequent amendments).

(c) The deleted text begin unique health deleted text end new text begin national provider new text end identifier for
health care providers deleted text begin adopted or deleted text end established by the federal
Secretary of Health and Human Services under United States Code,
title 42, sections 1320d to 1320d-8 (1996 and subsequent
amendments), shall be used as the unique identification number
for individual health care providers.

deleted text begin (d) Individual providers required to have a unique health
identifier are:
deleted text end

deleted text begin (1) physicians licensed under chapter 147;
deleted text end

deleted text begin (2) dentists licensed under chapter 150A;
deleted text end

deleted text begin (3) chiropractors licensed under chapter 148;
deleted text end

deleted text begin (4) podiatrists licensed under chapter 153;
deleted text end

deleted text begin (5) physician assistants as defined under section 147A.01;
deleted text end

deleted text begin (6) advanced practice nurses as defined under section
62A.15;
deleted text end

deleted text begin (7) doctors of optometry licensed under section 148.57;
deleted text end

deleted text begin (8) pharmacists licensed under chapter 151;
deleted text end

deleted text begin (9) individual providers who may bill Medicare for medical
and other health services as defined in United States Code,
title 42, section 1395x(s);
deleted text end

deleted text begin (10) individual providers who are providers for state and
federal health care programs administered by the commissioner of
human services; and
deleted text end

deleted text begin (11) other individual providers as required by the federal
Secretary of Health and Human Services under United States Code,
title 42, sections 1320d to 1320d-8 (1996 and subsequent
amendments).
deleted text end

new text begin (d) All individual health care new text end providers new text begin in Minnesota that
are eligible to obtain a national provider identifier according
to United States Code, title 42, sections 1320d to 1320d-8, as
amended, and regulations adopted thereunder new text end shall obtain a
deleted text begin unique health deleted text end new text begin national provider new text end identifier from the federal
Secretary of Health and Human Services using the process
prescribed by the Secretary.

(e) Only the deleted text begin unique individual health care deleted text end new text begin national
new text end provider identifier shall be used deleted text begin for purposes of deleted text end new text begin to identify
individual health care providers when new text end submitting and receiving
new text begin paper and electronic new text end claims new text begin and remittance advice notices new text end , and
in conjunction with other data collection and reporting
functions.

(f) new text begin Individual health care providers in Minnesota shall
make available their national provider identifier to other
health care providers when required to be included in the
administrative transactions regulated by United States Code,
title 42, sections 1320d to 1320d-8, as amended, and regulations
adopted thereunder.
new text end

new text begin (g) new text end The commissioner of health may contract with the
federal Secretary of Health and Human Services or the
Secretary's agent to implement this subdivision.

Sec. 8.

Minnesota Statutes 2004, section 62J.581,
subdivision 5, is amended to read:

Subd. 5.

Effective date.

The requirements in
subdivisions 1 and 2 are effective deleted text begin October 16, 2004 deleted text end new text begin June 30,
2007 new text end . The requirements in subdivisions 1 and 2 apply regardless
of when the health care service was provided to the patient.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively
to October 16, 2004.
new text end

Sec. 9.

Minnesota Statutes 2004, section 103I.005, is
amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Certified representative. new text end

new text begin "Certified
representative" means a person certified by the commissioner to
represent a well contractor, limited well/boring contractor,
monitoring well contractor, or elevator boring contractor.
new text end

Sec. 10.

Minnesota Statutes 2004, section 103I.005,
subdivision 4a, is amended to read:

Subd. 4a.

Dewatering well.

"Dewatering well" means a
nonpotable well used to lower groundwater levels to allow for
construction or use of underground space. A dewatering well
does not include:

(1) deleted text begin a well or dewatering well deleted text end new text begin an excavation new text end 25 feet or less
in depth for temporary dewatering during construction; or

(2) a well used to lower groundwater levels for control or
removal of groundwater contamination.

Sec. 11.

Minnesota Statutes 2004, section 103I.005,
subdivision 6, is amended to read:

Subd. 6.

Elevator deleted text begin shaft deleted text end new text begin boring new text end .

"Elevator deleted text begin shaft deleted text end new text begin boring new text end "
means a bore hole, jack hole, drilled hole, or excavation
constructed to install an elevator deleted text begin shaft or deleted text end hydraulic cylinder.

Sec. 12.

Minnesota Statutes 2004, section 103I.005,
subdivision 7, is amended to read:

Subd. 7.

Elevator deleted text begin shaft deleted text end new text begin boring new text end contractor.

"Elevator
deleted text begin shaft deleted text end new text begin boring new text end contractor" means a person with an elevator deleted text begin shaft
deleted text end new text begin boring new text end contractor's license issued by the commissioner.

Sec. 13.

Minnesota Statutes 2004, section 103I.005,
subdivision 10, is amended to read:

Subd. 10.

Explorer.

"Explorer" means a person deleted text begin who has
the right to drill an exploratory boring deleted text end new text begin with an explorer's
license issued by the commissioner new text end .

Sec. 14.

Minnesota Statutes 2004, section 103I.005,
subdivision 12, is amended to read:

Subd. 12.

Limited well/boring contractor.

"Limited
well/boring contractor" means a person with a limited
well/boring contractor's license issued by the
commissioner. new text begin Limited well/boring contractor's licenses are
issued for constructing, repairing, and sealing vertical heat
exchangers; installing, repairing, and modifying pitless units
and pitless adaptors, well casings above the pitless unit or
pitless adaptor, well screens, or well diameters; constructing,
repairing, and sealing drive point wells or dug wells;
constructing, repairing, and sealing dewatering wells; sealing
wells; and installing well pumps or pumping equipment.
new text end

Sec. 15.

Minnesota Statutes 2004, section 103I.005, is
amended by adding a subdivision to read:

new text begin Subd. 20a. new text end

new text begin Water supply well. new text end

new text begin "Water supply well" means
a well that is not a dewatering well or monitoring well and
includes wells used:
new text end

new text begin (1) for potable water supply;
new text end

new text begin (2) for irrigation;
new text end

new text begin (3) for agricultural, commercial, or industrial water
supply;
new text end

new text begin (4) for heating or cooling;
new text end

new text begin (5) as a remedial well; and
new text end

new text begin (6) for testing water yield for irrigation, commercial or
industrial uses, residential supply, or public water supply.
new text end

Sec. 16.

Minnesota Statutes 2004, section 103I.101,
subdivision 2, is amended to read:

Subd. 2.

Duties.

The commissioner shall:

(1) regulate the drilling, construction, modification,
repair, and sealing of wells and borings;

(2) examine and license well contractors deleted text begin , deleted text end new text begin ; new text end persons
constructing, repairing, and sealing vertical heat exchangers deleted text begin , deleted text end new text begin ;
new text end persons modifying or repairing well casings, well screens, or
well diameters; new text begin persons new text end constructing, repairing, and sealing
deleted text begin unconventional wells such as deleted text end drive point wells or dug wells;
new text begin persons new text end constructing, repairing, and sealing dewatering wells;
new text begin persons new text end sealing wells; new text begin persons new text end installing well pumps or pumping
equipment; and new text begin persons new text end excavating or drilling holes for the
installation of elevator deleted text begin shafts deleted text end new text begin borings new text end or hydraulic cylinders;

(3) register and examine monitoring well contractors;

(4) license explorers engaged in exploratory boring and
examine individuals who supervise or oversee exploratory boring;

(5) after consultation with the commissioner of natural
resources and the Pollution Control Agency, establish standards
for the design, location, construction, repair, and sealing of
wells deleted text begin , elevator shafts, deleted text end and borings within the state; and

(6) issue permits for wells, groundwater thermal devices,
vertical heat exchangers, and deleted text begin excavation for holes to install
deleted text end elevator deleted text begin shafts or hydraulic cylinders deleted text end new text begin borings new text end .

Sec. 17.

Minnesota Statutes 2004, section 103I.101,
subdivision 5, is amended to read:

Subd. 5.

Commissioner to adopt rules.

The commissioner
shall adopt rules including:

(1) issuance of licenses for:

(i) qualified well contractors, persons modifying or
repairing well casings, well screens, or well diameters;

(ii) persons constructing, repairing, and sealing
deleted text begin unconventional wells such as deleted text end drive deleted text begin points deleted text end new text begin point wells new text end or dug
wells;

(iii) persons constructing, repairing, and sealing
dewatering wells;

(iv) persons sealing wells;

(v) persons installing well pumps or pumping equipment deleted text begin and
excavating holes for installing elevator shafts or hydraulic
cylinders deleted text end ; deleted text begin and
deleted text end

(vi) persons constructing, repairing, and sealing vertical
heat exchangers; new text begin and
new text end

new text begin (vii) persons constructing, repairing, and sealing elevator
borings;
new text end

(2) issuance of registration for monitoring well
contractors;

(3) establishment of conditions for examination and review
of applications for license and registration;

(4) establishment of conditions for revocation and
suspension of license and registration;

(5) establishment of minimum standards for design,
location, construction, repair, and sealing of wells new text begin and borings
new text end to implement the purpose and intent of this chapter;

(6) establishment of a system for reporting on wells and
borings drilled and sealed;

(7) establishment of standards for the construction,
maintenance, sealing, and water quality monitoring of wells in
areas of known or suspected contamination;

(8) establishment of wellhead protection measures for wells
serving public water supplies;

(9) establishment of procedures to coordinate collection of
well new text begin and boring new text end data with other state and local governmental
agencies;

(10) establishment of criteria and procedures for
submission of well new text begin and boring new text end logs, formation samples or well new text begin or
boring new text end cuttings, water samples, or other special information
required for and water resource mapping; and

(11) establishment of minimum standards for design,
location, construction, maintenance, repair, sealing, safety,
and resource conservation related to borings, including
exploratory borings as defined in section 103I.005, subdivision
9.

deleted text begin Until the commissioner adopts rules under this chapter to
replace rules relating to wells and borings that were adopted
under chapter 156A, the rules adopted under chapter 156A shall
remain in effect.
deleted text end

Sec. 18.

Minnesota Statutes 2004, section 103I.105, is
amended to read:

103I.105 ADVISORY COUNCIL ON WELLS AND BORINGS.

(a) The Advisory Council on Wells and Borings is
established as an advisory council to the commissioner. The
advisory council shall consist of 18 voting members. Of the 18
voting members:

(1) one member must be from the Department of Health,
appointed by the commissioner of health;

(2) one member must be from the Department of Natural
Resources, appointed by the commissioner of natural resources;

(3) one member must be a member of the Minnesota Geological
Survey of the University of Minnesota, appointed by the
director;

(4) one member must be a new text begin responsible individual for a
new text end licensed deleted text begin exploratory borer deleted text end new text begin explorer new text end ;

(5) one member must be a new text begin certified representative of a
new text end licensed elevator deleted text begin shaft deleted text end new text begin boring new text end contractor;

(6) two members must be members of the public who are not
connected with the deleted text begin business of exploratory deleted text end boring or deleted text begin the deleted text end well
drilling industry;

(7) one member must be from the Pollution Control Agency,
appointed by the commissioner of the Pollution Control Agency;

(8) one member must be from the Department of
Transportation, appointed by the commissioner of transportation;

(9) one member new text begin must be new text end from the Board of Water and Soil
Resources appointed by its chair;

(10) one member must be a new text begin certified representative of a
new text end monitoring well contractor;

(11) six members must be residents of this state appointed
by the commissioner, who are deleted text begin actively engaged in the well
drilling industry deleted text end new text begin certified representatives of licensed well
contractors new text end , with not more than two from the seven-county
metropolitan area and at least four from other areas of the
state who represent different geographical regions; and

(12) one member must be a new text begin certified representative of a
new text end licensed vertical heat exchanger contractor deleted text begin or be certified by
the International Ground Source Heat Pump Association and
appointed by the commissioner deleted text end .

(b) An appointee of the well drilling industry may not
serve more than two consecutive terms.

(c) The appointees to the advisory council from the well
drilling industry must:

(1) have been residents of this state for at least three
years before appointment; and

(2) have at least five years' experience in the well
drilling business.

(d) The terms of the appointed members and the compensation
and removal of all members are governed by section 15.059,
except section 15.059, subdivision 5, relating to expiration of
the advisory council does not apply.

Sec. 19.

Minnesota Statutes 2004, section 103I.111,
subdivision 1, is amended to read:

Subdivision 1.

Delegation of duties of commissioner.

(a)
The commissioner of health may enter into an agreement with a
board of health to delegate all or part of the inspection,
reporting, and enforcement duties authorized under provisions of
this chapter pertaining to permitting, construction, repair, and
sealing of wells and elevator deleted text begin shafts deleted text end new text begin borings new text end .

(b) A board of health may delegate its powers and duties to
other boards of health within its jurisdiction. An agreement to
delegate powers and duties of a board of health must be approved
by the commissioner and is subject to subdivision 3.

Sec. 20.

Minnesota Statutes 2004, section 103I.111,
subdivision 3, is amended to read:

Subd. 3.

Preemption unless delegation.

Notwithstanding
any other law, a political subdivision may not regulate the
construction, repair, or sealing of wells or deleted text begin elevator
shafts deleted text end new text begin borings new text end unless the commissioner delegates authority under
subdivisions 1 and 2.

Sec. 21.

Minnesota Statutes 2004, section 103I.115, is
amended to read:

103I.115 COMPLIANCE WITH THIS CHAPTER REQUIRED.

deleted text begin (a) Except as provided in paragraph (b), deleted text end A person may not
construct, repair, or seal a well or boring, except as provided
under the provisions of this chapter.

deleted text begin (b) Until June 30, 1994, this chapter does not apply to
dewatering wells 45 feet or less in depth.
deleted text end

Sec. 22.

Minnesota Statutes 2004, section 103I.205,
subdivision 4, is amended to read:

Subd. 4.

License required.

(a) Except as provided in
paragraph (b), (c), deleted text begin or deleted text end (d) new text begin , or (e) new text end , section 103I.401,
subdivision 2, or section 103I.601, subdivision 2, a person may
not drill, construct, repair, or seal a well or boring unless
the person has a well contractor's license in possession.

(b) A person may construct new text begin , repair, and seal new text end a monitoring
well if the person:

(1) is a professional engineer deleted text begin registered deleted text end new text begin licensed new text end under
sections 326.02 to 326.15 in the branches of civil or geological
engineering;

(2) is a hydrologist or hydrogeologist certified by the
American Institute of Hydrology;

(3) is a professional deleted text begin engineer registered with the Board of
Architecture, Engineering, Land Surveying, Landscape
Architecture, and Interior Design deleted text end new text begin geoscientist licensed under
sections 326.02 to 326.15 new text end ;

(4) is a geologist certified by the American Institute of
Professional Geologists; or

(5) meets the qualifications established by the
commissioner in rule.

A person must register with the commissioner as a
monitoring well contractor on forms provided by the commissioner.

(c) A person may do the following work with a limited
well/boring contractor's license in possession. A separate
license is required for each of the six activities:

(1) installing or repairing well screens or pitless units
or pitless adaptors and well casings from the pitless adaptor or
pitless unit to the upper termination of the well casing;

(2) constructing, repairing, and sealing drive point wells
or dug wells;

(3) installing well pumps or pumping equipment;

(4) sealing wells;

(5) constructing, repairing, or sealing dewatering wells;
or

(6) constructing, repairing, or sealing vertical heat
exchangers.

new text begin (d) A person may construct, repair, and seal an elevator
boring with an elevator boring contractor's license.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end Notwithstanding other provisions of this chapter
requiring a license or registration, a license or registration
is not required for a person who complies with the other
provisions of this chapter if the person is:

(1) an individual who constructs a well on land that is
owned or leased by the individual and is used by the individual
for farming or agricultural purposes or as the individual's
place of abode; or

(2) an individual who performs labor or services for a
contractor licensed or registered under the provisions of this
chapter in connection with the construction, sealing, or repair
of a well or boring at the direction and under the personal
supervision of a contractor licensed or registered under the
provisions of this chapter.

Sec. 23.

Minnesota Statutes 2004, section 103I.205,
subdivision 9, is amended to read:

Subd. 9.

Report of work.

Within 30 days after completion
or sealing of a well or boring, the person doing the work must
submit a verified report to the commissioner containing the
information specified by rules adopted under this chapter.

Within 30 days after receiving the report, the commissioner
shall send new text begin or otherwise provide access to new text end a copy of the report
to the commissioner of natural resources, to the local soil and
water conservation district where the well is located, and to
the director of the Minnesota Geological Survey.

Sec. 24.

Minnesota Statutes 2004, section 103I.208,
subdivision 1, is amended to read:

Subdivision 1.

Well notification fee.

The well
notification fee to be paid by a property owner is:

(1) for a new new text begin water supply new text end well, $150, which includes the
state core function fee;

(2) for a well sealing, $30 for each well, which includes
the state core function fee, except that for monitoring wells
constructed on a single property, having depths within a 25 foot
range, and sealed within 48 hours of start of construction, a
single fee of $30; and

(3) for construction of a dewatering well, $150, which
includes the state core function fee, for each new text begin dewatering new text end well
except a dewatering project comprising five or more new text begin dewatering
new text end wells shall be assessed a single fee of $750 for the new text begin dewatering
new text end wells recorded on the notification.

Sec. 25.

Minnesota Statutes 2004, section 103I.208,
subdivision 2, is amended to read:

Subd. 2.

Permit fee.

The permit fee to be paid by a
property owner is:

(1) for a new text begin water supply new text end well that is not in use under a
maintenance permit, $125 annually;

(2) for construction of a monitoring well, $150, which
includes the state core function fee;

(3) for a monitoring well that is unsealed under a
maintenance permit, $125 annually;

(4) for monitoring wells used as a leak detection device at
a single motor fuel retail outlet, a single petroleum bulk
storage site excluding tank farms, or a single agricultural
chemical facility site, the construction permit fee is $150,
which includes the state core function fee, per site regardless
of the number of wells constructed on the site, and the annual
fee for a maintenance permit for unsealed monitoring wells is
$125 per site regardless of the number of monitoring wells
located on site;

(5) for a groundwater thermal exchange device, in addition
to the notification fee for new text begin water supply new text end wells, $150, which
includes the state core function fee;

(6) for a vertical heat exchanger, $150;

(7) for a dewatering well that is unsealed under a
maintenance permit, $125 annually for each new text begin dewatering new text end well,
except a dewatering project comprising more than five new text begin dewatering
new text end wells shall be issued a single permit for $625 annually
for new text begin dewatering new text end wells recorded on the permit; and

(8) for deleted text begin excavating holes for the purpose of installing deleted text end new text begin an
new text end elevator deleted text begin shafts deleted text end new text begin boring new text end , $150 for each deleted text begin hole deleted text end new text begin boring new text end .

Sec. 26.

Minnesota Statutes 2004, section 103I.231, is
amended to read:

103I.231 COMMISSIONER MAY ORDER REPAIRS.

(a) The commissioner may order a property owner to take
remedial measures, including making repairs, reconstructing, or
sealing a well or boring according to provisions of this
chapter. The order may be issued if the commissioner
determines, based on inspection of the water or the well or
boring site or an analysis of water from the well or boring,
that the well or boring:

(1) is contaminated or may contribute to the spread of
contamination;

(2) is required to be sealed under this chapter and has not
been sealed according to provisions of this chapter;

(3) is in a state of disrepair so that its continued
existence endangers the quality of the groundwater;

(4) is a health or safety hazard; or

(5) is located in a place or constructed in a manner that
its continued use or existence endangers the quality of the
groundwater.

(b) The order of the commissioner may be enforced in an
action to seek compliance brought by the commissioner in the
district court of the county where the well new text begin or boring new text end is located.

Sec. 27.

Minnesota Statutes 2004, section 103I.325,
subdivision 2, is amended to read:

Subd. 2.

Liability after sealing.

The owner of a well new text begin or
boring new text end is not liable for contamination of groundwater from the
well new text begin or boring new text end that occurs after the well new text begin or boring new text end has been
sealed by a licensed contractor in compliance with this chapter
if a report of sealing has been filed with the commissioner of
health by the contractor who performed the work, and if the
owner has not disturbed or disrupted the sealed well new text begin or boring new text end .

Sec. 28.

Minnesota Statutes 2004, section 103I.345,
subdivision 2, is amended to read:

Subd. 2.

Expenditures.

deleted text begin (a) deleted text end Subject to appropriation by
law, money in the account established under subdivision 1 may be
used by the commissioner for sealing wells and borings.

deleted text begin (b) In spending money under this subdivision, the
commissioner shall give priority to the sealing by July 1, 1997,
of all multiaquifer wells and borings entering the Mt.
Simon-Hinckley aquifer that the commissioner has authority to
seal under section 103I.315, subdivision 2.
deleted text end

Sec. 29.

Minnesota Statutes 2004, section 103I.401, is
amended to read:

103I.401 ELEVATOR deleted text begin SHAFT deleted text end BORINGS.

Subdivision 1.

Permit required.

(a) A person may not
construct an elevator deleted text begin shaft deleted text end new text begin boring new text end until a permit for the hole
or excavation is issued by the commissioner.

(b) The elevator deleted text begin shaft deleted text end new text begin boring new text end permit preempts local permits
except local building permits, and counties and home rule
charter or statutory cities may not require a permit for
elevator deleted text begin shaft holes or excavations deleted text end new text begin borings new text end .

Subd. 2.

License required.

A person may not construct an
elevator deleted text begin shaft deleted text end new text begin boring new text end unless the person possesses a well
contractor's license or an elevator deleted text begin shaft deleted text end new text begin boring new text end contractor's
license issued by the commissioner.

Subd. 3.

Sealing.

A well contractor or elevator deleted text begin shaft
deleted text end new text begin boring new text end contractor must seal a hole or excavation that is no
longer used for an elevator deleted text begin shaft deleted text end new text begin boring new text end . The sealing must be
done according to rules adopted by the commissioner.

Subd. 4.

Report.

Within 30 days after completion or
sealing of deleted text begin a hole or excavation for deleted text end an elevator deleted text begin shaft deleted text end new text begin boring new text end ,
the person doing the work must submit a report to the
commissioner on forms provided by the commissioner.

Sec. 30.

Minnesota Statutes 2004, section 103I.501, is
amended to read:

103I.501 LICENSING AND REGULATION OF WELLS AND BORINGS.

(a) The commissioner shall regulate and license:

(1) drilling, constructing, and repair of wells;

(2) sealing of wells;

(3) installing of well pumps and pumping equipment;

(4) excavating, drilling, new text begin repairing, new text end and sealing deleted text begin of holes
for the installation deleted text end of elevator deleted text begin shafts and hydraulic cylinders
deleted text end new text begin borings new text end ;

(5) construction new text begin , repair, new text end and sealing of environmental bore
holes; and

(6) construction, repair, and sealing of vertical heat
exchangers.

(b) The commissioner shall examine and license well
contractors, limited well/boring contractors, and elevator deleted text begin shaft
deleted text end new text begin boring new text end contractors, and examine and register monitoring well
contractors.

(c) The commissioner shall license explorers engaged in
exploratory boring and shall examine persons who supervise or
oversee exploratory boring.

Sec. 31.

Minnesota Statutes 2004, section 103I.505, is
amended to read:

103I.505 RECIPROCITY OF LICENSES new text begin AND REGISTRATIONS new text end .

Subdivision 1.

Reciprocity authorized.

The commissioner
may issue a license or register a person under this chapter,
without giving an examination, if the person is licensed or
registered in another state and:

(1) the requirements for licensing or registration under
which the well new text begin or boring new text end contractor was licensed or registered
do not conflict with this chapter;

(2) the requirements are of a standard not lower than that
specified by the rules adopted under this chapter; and

(3) equal reciprocal privileges are granted to licensees new text begin or
registrants new text end of this state.

Subd. 2.

License fee required.

A well new text begin or boring
new text end contractor must apply for the license new text begin or registration new text end and pay
the fees under the provisions of this chapter to receive a
license new text begin or registration new text end under this section.

Sec. 32.

Minnesota Statutes 2004, section 103I.525,
subdivision 1, is amended to read:

Subdivision 1.

new text begin certification new text end application.

(a) A person
must file an application and application fee with the
commissioner to deleted text begin apply for deleted text end new text begin represent new text end a well deleted text begin contractor's license
deleted text end new text begin contractor new text end .

(b) The application must state the applicant's
qualifications for deleted text begin the license, the equipment the applicant will
use in the contracting deleted text end new text begin certification as a representative new text end , and
other information required by the commissioner. The application
must be on forms prescribed by the commissioner.

(c) A person may apply as an individual if the person:

(1) is not deleted text begin the licensed well contractor deleted text end representing a
firm, sole proprietorship, partnership, association,
corporation, or other entity including the United States
government, any interstate body, the state new text begin , new text end and new text begin an new text end agency,
department new text begin , new text end or political subdivision of the state; and

(2) meets the well contractor new text begin certification and new text end license
requirements under deleted text begin provisions of deleted text end this chapter.

Sec. 33.

Minnesota Statutes 2004, section 103I.525,
subdivision 2, is amended to read:

Subd. 2.

new text begin certification new text end application fee.

The application
fee for new text begin certification as new text end a deleted text begin well contractor's
license deleted text end new text begin representative of a well contractor new text end is $75. The
commissioner may not act on an application until the application
fee is paid.

Sec. 34.

Minnesota Statutes 2004, section 103I.525, is
amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Issuance of certification. new text end

new text begin If an applicant
meets the experience requirements established by rule and passes
the examination as determined by the commissioner, the
commissioner shall issue the applicant a certification to
represent a well contractor.
new text end

Sec. 35.

Minnesota Statutes 2004, section 103I.525,
subdivision 4, is amended to read:

Subd. 4.

Issuance of license.

If deleted text begin an applicant meets the
experience requirements established by rule, passes the
examination as determined by the commissioner deleted text end new text begin a person employs a
certified representative new text end , submits the bond under subdivision 5,
and pays the license fee under subdivision 6, the commissioner
shall issue a well contractor's license.

Sec. 36.

Minnesota Statutes 2004, section 103I.525,
subdivision 5, is amended to read:

Subd. 5.

Bond.

(a) As a condition of being issued a well
contractor's license, the applicant, except a person applying
for an individual well contractor's license, must submit a
corporate surety bond for $10,000 approved by the commissioner.
The bond must be conditioned to pay the state on deleted text begin unlawful
deleted text end performance of work deleted text begin regulated by deleted text end new text begin in this state that is not in
compliance with new text end this chapter deleted text begin in this state deleted text end new text begin or rules adopted
under this chapter new text end . The bond is in lieu of other license bonds
required by a political subdivision of the state.

(b) From proceeds of the bond, the commissioner may
compensate persons injured or suffering financial loss because
of a failure of the applicant to deleted text begin properly deleted text end perform work or duties
new text begin in compliance with this chapter or rules adopted under this
chapter new text end .

Sec. 37.

Minnesota Statutes 2004, section 103I.525,
subdivision 8, is amended to read:

Subd. 8.

Renewal.

(a) A licensee must file an
application and a renewal application fee to renew the license
by the date stated in the license.

(b) The renewal application fee for a well contractor's
license is $250 new text begin , except the fee for an individual well
contractor's license is $75 new text end .

(c) The renewal application must include information that
the new text begin certified representative of the new text end applicant has met continuing
education requirements established by the commissioner by rule.

(d) At the time of the renewal, the commissioner must have
on file all properly completed well new text begin and boring construction
new text end reports, well new text begin and boring new text end sealing reports, reports of deleted text begin excavations
to construct deleted text end elevator deleted text begin shafts deleted text end new text begin borings new text end , new text begin water sample analysis
reports, new text end well new text begin and boring new text end permits, and well notifications for
work conducted by the licensee since the last license renewal.

Sec. 38.

Minnesota Statutes 2004, section 103I.531,
subdivision 1, is amended to read:

Subdivision 1.

new text begin certification new text end application.

(a) A person
must file an application and an application fee with the
commissioner to deleted text begin apply for deleted text end new text begin represent new text end a limited well/boring
deleted text begin contractor's license deleted text end new text begin contractor new text end .

(b) The application must state the applicant's
qualifications for the deleted text begin license, the equipment the applicant will
use in the contracting deleted text end new text begin certification new text end , and other information
required by the commissioner. The application must be on forms
prescribed by the commissioner.

Sec. 39.

Minnesota Statutes 2004, section 103I.531,
subdivision 2, is amended to read:

Subd. 2.

new text begin certification new text end application fee.

The application
fee for new text begin certification as a representative of new text end a limited
well/boring deleted text begin contractor's license deleted text end new text begin contractor new text end is $75. The
commissioner may not act on an application until the application
fee is paid.

Sec. 40.

Minnesota Statutes 2004, section 103I.531, is
amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Issuance of certification. new text end

new text begin If an applicant
meets the experience requirements established by rule and passes
the examination as determined by the commissioner, the
commissioner shall issue the applicant a certification to
represent a limited well/boring contractor.
new text end

Sec. 41.

Minnesota Statutes 2004, section 103I.531,
subdivision 4, is amended to read:

Subd. 4.

Issuance of license.

If deleted text begin an applicant meets the
experience requirements established in rule, passes the
examination as determined by the commissioner deleted text end new text begin a person employs a
certified representative new text end , submits the bond under subdivision 5,
and pays the license fee under subdivision 6, the commissioner
shall issue a limited well/boring contractor's license. If the
other conditions of this section are satisfied, the commissioner
may not withhold issuance of a dewatering limited license based
on the applicant's lack of prior experience under a licensed
well contractor.

Sec. 42.

Minnesota Statutes 2004, section 103I.531,
subdivision 5, is amended to read:

Subd. 5.

Bond.

(a) As a condition of being issued a
limited well/boring contractor's license for constructing,
repairing, and sealing drive point wells or dug wells, sealing
wells or borings, constructing, repairing, and sealing
dewatering wells, or constructing, repairing, and sealing
vertical heat exchangers, the applicant must submit a corporate
surety bond for $10,000 approved by the commissioner. As a
condition of being issued a limited well/boring contractor's
license for installing or repairing well screens or pitless
units or pitless adaptors and well casings from the pitless
adaptor or pitless unit to the upper termination of the well
casing, or installing well pumps or pumping equipment, the
applicant must submit a corporate surety bond for $2,000
approved by the commissioner. The bonds required in this
paragraph must be conditioned to pay the state on deleted text begin unlawful
deleted text end performance of work deleted text begin regulated by deleted text end new text begin in this state that is not in
compliance with new text end this chapter deleted text begin in this state deleted text end new text begin or rules adopted
under this chapter new text end . The bonds are in lieu of other license
bonds required by a political subdivision of the state.

(b) From proceeds of a bond required in paragraph (a), the
commissioner may compensate persons injured or suffering
financial loss because of a failure of the applicant to deleted text begin properly
deleted text end perform work or duties new text begin in compliance with this chapter or rules
adopted under this chapter new text end .

Sec. 43.

Minnesota Statutes 2004, section 103I.531,
subdivision 8, is amended to read:

Subd. 8.

Renewal.

(a) A person must file an application
and a renewal application fee to renew the limited well/boring
contractor's license by the date stated in the license.

(b) The renewal application fee for a limited well/boring
contractor's license is $75.

(c) The renewal application must include information that
the new text begin certified representative of the new text end applicant has met continuing
education requirements established by the commissioner by rule.

(d) At the time of the renewal, the commissioner must have
on file all properly completed well new text begin and boring construction
reports, well and boring new text end sealing reports, well new text begin and boring
new text end permits, deleted text begin vertical heat exchanger permits, deleted text end new text begin water quality sample
reports, new text end and well notifications for work conducted by the
licensee since the last license renewal.

Sec. 44.

Minnesota Statutes 2004, section 103I.535,
subdivision 1, is amended to read:

Subdivision 1.

new text begin certification new text end application.

(a) An
individual must file an application and application fee with the
commissioner to deleted text begin apply for deleted text end new text begin represent new text end an elevator deleted text begin shaft
contractor's license deleted text end new text begin boring contractor new text end .

(b) The application must state the applicant's
qualifications for the deleted text begin license, the equipment the applicant will
use in the contracting deleted text end new text begin certification new text end , and other information
required by the commissioner. The application must be on forms
prescribed by the commissioner.

Sec. 45.

Minnesota Statutes 2004, section 103I.535,
subdivision 2, is amended to read:

Subd. 2.

new text begin certification new text end application fee.

The application
fee for new text begin certification as a representative of new text end an elevator deleted text begin shaft
contractor's license deleted text end new text begin boring contractor new text end is $75. The commissioner
may not act on an application until the application fee is paid.

Sec. 46.

Minnesota Statutes 2004, section 103I.535, is
amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Issuance of certification. new text end

new text begin If the applicant
meets the experience requirements established by rule and passes
the examination as determined by the commissioner, the
commissioner shall issue the applicant a certification to
represent an elevator boring contractor.
new text end

Sec. 47.

Minnesota Statutes 2004, section 103I.535,
subdivision 4, is amended to read:

Subd. 4.

Issuance of license.

If deleted text begin an applicant passes the
examination as determined by the commissioner deleted text end new text begin a person employs a
certified representative new text end , submits the bond under subdivision 5,
and pays the license fee under subdivision 6, the commissioner
shall issue an elevator deleted text begin shaft deleted text end new text begin boring new text end contractor's license to the
applicant.

Sec. 48.

Minnesota Statutes 2004, section 103I.535,
subdivision 5, is amended to read:

Subd. 5.

Bond.

(a) As a condition of being issued an
elevator deleted text begin shaft deleted text end new text begin boring new text end contractor's license, the applicant must
submit a corporate surety bond for $10,000 approved by the
commissioner. The bond must be conditioned to pay the state on
deleted text begin unlawful deleted text end performance of work deleted text begin regulated by deleted text end new text begin in this state that is
not in compliance with new text end this chapter deleted text begin in this state deleted text end new text begin or rules
adopted under this chapter new text end .

(b) From proceeds of the bond, the commissioner may
compensate persons injured or suffering financial loss because
of a failure of the applicant to deleted text begin properly deleted text end perform work or duties
new text begin in compliance with this chapter or rules adopted under this
chapter new text end .

Sec. 49.

Minnesota Statutes 2004, section 103I.535,
subdivision 7, is amended to read:

Subd. 7.

Validity.

An elevator deleted text begin shaft deleted text end new text begin boring new text end contractor's
license is valid until the date prescribed in the license by the
commissioner.

Sec. 50.

Minnesota Statutes 2004, section 103I.535,
subdivision 8, is amended to read:

Subd. 8.

Renewal.

(a) A person must file an application
and a renewal application fee to renew the license by the date
stated in the license.

(b) The renewal application fee for an elevator deleted text begin shaft
deleted text end new text begin boring new text end contractor's license is $75.

(c) The renewal application must include information that
the new text begin certified representative of the new text end applicant has met continuing
education requirements established by the commissioner by rule.

(d) At the time of renewal, the commissioner must have on
file all reports and permits for elevator deleted text begin shaft deleted text end new text begin boring new text end work
conducted by the licensee since the last license renewal.

Sec. 51.

Minnesota Statutes 2004, section 103I.535,
subdivision 9, is amended to read:

Subd. 9.

Incomplete or late renewal.

If a licensee fails
to submit all information required for renewal in subdivision 8
or submits the application and information after the required
renewal date:

(1) the licensee must include a late fee of $75; and

(2) the licensee may not conduct activities authorized by
the elevator deleted text begin shaft deleted text end new text begin boring new text end contractor's license until the renewal
application, renewal application fee, and late fee, and all
other information required in subdivision 8 are submitted.

Sec. 52.

Minnesota Statutes 2004, section 103I.541, is
amended to read:

103I.541 MONITORING WELL deleted text begin CONTRACTORS deleted text end new text begin CONTRACTOR'S
REGISTRATION; REPRESENTATIVE'S CERTIFICATION new text end .

Subdivision 1.

deleted text begin initial deleted text end registration deleted text begin after july 1, 1990 deleted text end .

deleted text begin After July 1, 1990, deleted text end A person seeking deleted text begin initial deleted text end registration as a
monitoring well contractor must meet examination and experience
requirements adopted by the commissioner by rule.

Subd. 2.

Validity.

A monitoring well contractor's
registration is valid until the date prescribed in the
registration by the commissioner.

Subd. 2a.

new text begin certification new text end application.

(a) An individual
must submit an application and application fee to the
commissioner to apply for new text begin certification as a representative of new text end a
monitoring well contractor deleted text begin registration deleted text end .

(b) The application must be on forms prescribed by the
commissioner. The application must state the applicant's
qualifications for the deleted text begin registration deleted text end new text begin certification new text end , deleted text begin the equipment
the applicant will use in the contracting, deleted text end and other information
required by the commissioner.

Subd. 2b.

deleted text begin application fee deleted text end new text begin issuance of registration new text end .

deleted text begin The
application deleted text end new text begin If a person employs a certified representative,
submits the bond under subdivision 3, and pays the registration
new text end fee new text begin of $75 new text end for a monitoring well contractor registration deleted text begin is $75 deleted text end new text begin ,
the commissioner shall issue a monitoring well contractor
registration to the applicant. The fee for an individual
registration is $75 new text end . The commissioner may not act on an
application until the application fee is paid.

new text begin Subd. 2c. new text end

new text begin Certification application fee. new text end

new text begin The application
fee for certification as a representative of a monitoring well
contractor is $75. The commissioner may not act on an
application until the application fee is paid.
new text end

new text begin Subd. 2d. new text end

new text begin Examination. new text end

new text begin After the commissioner has
approved an application, the applicant must take an examination
given by the commissioner.
new text end

new text begin Subd. 2e. new text end

new text begin Issuance of certification. new text end

new text begin If the applicant
meets the experience requirements established by rule and passes
the examination as determined by the commissioner, the
commissioner shall issue the applicant a certification to
represent a monitoring well contractor.
new text end

Subd. 3.

Bond.

(a) As a condition of being issued a
monitoring well contractor's registration, the applicant must
submit a corporate surety bond for $10,000 approved by the
commissioner. The bond must be conditioned to pay the state on
deleted text begin unlawful deleted text end performance of work deleted text begin regulated by deleted text end new text begin in this state that is
not in compliance with new text end this chapter deleted text begin in this state deleted text end new text begin or rules
adopted under this chapter new text end . The bond is in lieu of other
license bonds required by a political subdivision of the state.

(b) From proceeds of the bond, the commissioner may
compensate persons injured or suffering financial loss because
of a failure of the applicant to deleted text begin properly deleted text end perform work or duties
new text begin in compliance with this chapter or rules adopted under this
chapter new text end .

Subd. 4.

Renewal.

(a) A person must file an application
and a renewal application fee to renew the registration by the
date stated in the registration.

(b) The renewal application fee for a monitoring well
contractor's registration is $75.

(c) The renewal application must include information that
the new text begin certified representative of the new text end applicant has met continuing
education requirements established by the commissioner by rule.

(d) At the time of the renewal, the commissioner must have
on file all well new text begin and boring construction new text end reports, well new text begin and
boring new text end sealing reports, well permits, and notifications for work
conducted by the registered person since the last registration
renewal.

Subd. 5.

Incomplete or late renewal.

If a registered
person submits a renewal application after the required renewal
date:

(1) the registered person must include a late fee of $75;
and

(2) the registered person may not conduct activities
authorized by the monitoring well contractor's registration
until the renewal application, renewal application fee, late
fee, and all other information required in subdivision 4 are
submitted.

Sec. 53.

Minnesota Statutes 2004, section 103I.545,
subdivision 2, is amended to read:

Subd. 2.

deleted text begin pump deleted text end hoist.

(a) A person may not use a machine
such as a deleted text begin pump deleted text end hoist for an activity requiring a license or
registration under this chapter to repair wells or borings, seal
wells or borings, or install pumps unless the machine is
registered with the commissioner.

(b) A person must apply for the registration on forms
prescribed by the commissioner and submit a $75 registration fee.

(c) A registration is valid for one year.

Sec. 54.

Minnesota Statutes 2004, section 103I.601,
subdivision 4, is amended to read:

Subd. 4.

Map of borings.

By ten days before beginning
exploratory boring, an explorer must submit to the commissioners
of health and natural resources a county road map having a scale
of one-half inch equal to one mile, as prepared by the
Department of Transportation, new text begin or a 7.5 minute series topographic
map (1:24,000 scale), as prepared by the United States
Geological Survey, new text end showing the location of each proposed
exploratory boring to the nearest estimated 40 acre parcel.
Exploratory boring that is proposed on the map may not be
commenced later than 180 days after submission of the map,
unless a new map is submitted.

Sec. 55.

Minnesota Statutes 2004, section 103I.601,
subdivision 9, is amended to read:

Subd. 9.

Sealing report.

(a) By 30 days after permanent
or temporary sealing of an exploratory boring, the explorer must
submit a report to the commissioners of health and natural
resources.

(b) The report must be on forms provided by the
commissioner of health and include:

(1) the location of each drill hole in as large a scale as
possible, which is normally prepared as part of the explorer's
record;

(2) the type and thickness of overburden and rock
encountered;

(3) identification of water bearing formations encountered;

(4) identification of hydrologic conditions encountered;

(5) method of sealing used;

(6) methods of construction and drilling used; and

(7) average scintillometer reading of waste drill
cuttings new text begin from uranium or other radioactive mineral exploratory
borings new text end before backfilling of the recirculation pits.

Sec. 56.

Minnesota Statutes 2004, section 144.221,
subdivision 1, is amended to read:

Subdivision 1.

When and where to file.

A death record
for each death which occurs in the state shall be filed with the
state registrar deleted text begin or local registrar or with a mortician
designated pursuant to section 144.214, subdivision 4, deleted text end within
five days after death and prior to final disposition.

Sec. 57.

Minnesota Statutes 2004, section 144.225,
subdivision 7, is amended to read:

Subd. 7.

Certified birth or death record.

(a) The state
or local registrar shall issue a certified birth or death record
or a statement of no vital record found to an individual upon
the individual's proper completion of an attestation provided by
the commissioner:

(1) to a person who has a tangible interest in the
requested vital record. A person who has a tangible interest is:

(i) the subject of the vital record;

(ii) a child of the subject;

(iii) the spouse of the subject;

(iv) a parent of the subject;

(v) the grandparent or grandchild of the subject;

(vi) the party responsible for filing the vital record;

(vii) the legal custodian or guardian or conservator of the
subject;

(viii) a personal representative, by sworn affidavit of the
fact that the certified copy is required for administration of
the estate;

(ix) a successor of the subject, as defined in section
524.1-201, if the subject is deceased, by sworn affidavit of the
fact that the certified copy is required for administration of
the estate;

(x) if the requested record is a death record, a trustee of
a trust by sworn affidavit of the fact that the certified copy
is needed for the proper administration of the trust;

(xi) a person or entity who demonstrates that a certified
vital record is necessary for the determination or protection of
a personal or property right, pursuant to rules adopted by the
commissioner; or

(xii) adoption agencies in order to complete confidential
postadoption searches as required by section 259.83;

(2) to any local, state, or federal governmental agency
upon request if the certified vital record is necessary for the
governmental agency to perform its authorized duties. An
authorized governmental agency includes the Department of Human
Services, the Department of Revenue, and the United States
Immigration and Naturalization Service;

(3) to an attorney upon evidence of the attorney's license;

(4) pursuant to a court order issued by a court of
competent jurisdiction. For purposes of this section, a
subpoena does not constitute a court order; or

(5) to a representative authorized by a person under
clauses (1) to (4).

(b) The state or local registrar shall also issue a
certified death record to an individual described in paragraph
(a), clause (1), items (ii) to (vii), if, on behalf of the
individual, a new text begin licensed new text end mortician deleted text begin designated to receive death
records under section 144.214, subdivision 4, deleted text end furnishes the
registrar with a properly completed attestation in the form
provided by the commissioner within 180 days of the time of
death of the subject of the death record. This paragraph is not
subject to the requirements specified in Minnesota Rules, part
4601.2600, subpart 5, item B.

Sec. 58.

Minnesota Statutes 2004, section 149A.93,
subdivision 1, is amended to read:

Subdivision 1.

Permits required.

After removal from the
place of death to any location where the body is held awaiting
final disposition, further transportation of the body shall
require a deleted text begin disposition or deleted text end transit permit issued by deleted text begin the local
registrar of the place of death, a subregistrar as defined by
Minnesota Rules, part 4600.0100, subpart 5, or, if necessary to
avoid delay, the commissioner deleted text end new text begin a licensed mortician new text end . Permits
shall contain the information required on the permit form as
furnished by the commissioner deleted text begin and shall be signed by the local
registrar or subregistrar and the person in legal custody of the
body, and, where appropriate, the mortician, intern, or
practicum student who embalmed the body, the person in charge of
the conveyance in which the body will be moved, or the person in
charge of the place of final disposition. Where a funeral
establishment name is used in signing a permit, it must be
supported by the personal signature of a licensee employed by
the funeral establishment deleted text end .

Sec. 59.

Minnesota Statutes 2004, section 149A.93,
subdivision 2, is amended to read:

Subd. 2.

Transit permit.

A transit permit deleted text begin shall be deleted text end new text begin is
new text end required when deleted text begin a body is to be deleted text end :

(1) deleted text begin moved within a registration district and deleted text end legal and
physical custody of the body is transferred;

(2) deleted text begin removed from a registration district;
deleted text end

deleted text begin (3) removed from the county where the death occurred;
deleted text end

deleted text begin (4) deleted text end new text begin a body is new text end transported by public transportation; or

deleted text begin (5) deleted text end new text begin (3) a body is new text end removed from the state.

Sec. 60.

Minnesota Statutes 2004, section 149A.93,
subdivision 3, is amended to read:

Subd. 3.

Disposition permit.

A disposition permit deleted text begin shall
be deleted text end new text begin is new text end required before a body can be buried, entombed, or
cremated deleted text begin , or when a body will be retained for more than five
calendar days deleted text end . No disposition permit shall be issued until a
new text begin fact of new text end death record has been completed deleted text begin or the issuing authority
receives firm assurances that the death record will be completed
within a reasonable amount of time not to exceed seven calendar
days from the issuance of the permit deleted text end .

Sec. 61.

Minnesota Statutes 2004, section 149A.93,
subdivision 4, is amended to read:

Subd. 4.

Possession of permit.

Until the body is
delivered for final disposition, the new text begin disposition new text end permit shall be
in possession of the person in physical or legal custody of the
body, or attached to the transportation container which holds
the body. At the place of final disposition, legal custody of
the body shall pass with the filing of the disposition permit
with the person in charge of that place deleted text begin , the health board
authorized under section 145A.04, where local disposition
permits are required, or the commissioner where there is no
legal entity in charge of the place of final disposition deleted text end .

Sec. 62.

Minnesota Statutes 2004, section 149A.93,
subdivision 5, is amended to read:

Subd. 5.

Death outside state; disposition permit.

When a
death occurs outside of the state and the body travels into or
through this state, the body must be accompanied by a permit for
burial, removal, or other disposition issued in accordance with
the laws and rules of the state where the death occurred. deleted text begin The
properly issued permit from the state where the death occurred
shall authorize the transportation of the body into or through
this state, but before final disposition in this state, a
separate Minnesota disposition permit must be issued and filed,
together with the foreign permit, according to subdivision 4.
deleted text end

Sec. 63.

Minnesota Statutes 2004, section 149A.94,
subdivision 3, is amended to read:

Subd. 3.

Permit required.

No dead human body shall be
buried, entombed, or cremated without deleted text begin the filing of deleted text end a deleted text begin properly
issued deleted text end new text begin disposition permit. The disposition new text end permit new text begin must be filed
new text end with the person in charge of the place of final disposition.
Where a dead human body will be transported out of this state
for final disposition, the body must be accompanied by
a deleted text begin properly issued disposition deleted text end new text begin transit new text end permit.

Sec. 64.

Minnesota Statutes 2004, section 149A.96,
subdivision 1, is amended to read:

Subdivision 1.

Written authorization.

Except as provided
in this section, no dead human body or human remains shall be
disinterred and reinterred without the written authorization of
the person or persons legally entitled to control the body or
remains and a disinterment- deleted text begin transit- deleted text end reinterment permit properly
issued by the deleted text begin local deleted text end new text begin state new text end registrar or deleted text begin subregistrar deleted text end new text begin a licensed
mortician new text end . Permits shall contain the information required on
the permit form as furnished by the commissioner deleted text begin and shall be
signed by the local registrar or subregistrar and the person in
legal custody of the body, and, where appropriate, the
mortician, intern, or practicum student who embalmed the body,
the person in charge of the conveyance in which the body will be
moved, or the person in charge of the place of final
disposition. Where a funeral establishment name is used in
signing a permit, it must be supported by the personal signature
of a licensee employed by the funeral establishment deleted text end .

Sec. 65.

Minnesota Statutes 2004, section 149A.96,
subdivision 4, is amended to read:

Subd. 4.

Disinterment deleted text begin procedure; removal from dedicated
cemetery deleted text end new text begin opposed new text end .

deleted text begin No dead human body or human remains shall be
disinterred and removed from a dedicated cemetery for
reinterment elsewhere without a written and notarized
authorization from the person or persons with the legal right to
control the disposition and a disinterment-transit-reinterment
permit issued by the local registrar or subregistrar. The
person or persons requesting the disinterment and reinterment
must obtain a copy of the death record showing the manner and
location of final disposition. The copy of the death record
along with written and notarized authorization to disinter and
reinter obtained from the person or persons with legal right to
control the body as expressed in section 149A.80, and a written
and notarized statement of the reasons for requesting
disinterment, the manner in which the body or remains will be
disinterred and transported, the location of reinterment, and
whether there are any known parties who oppose the disinterment
shall be submitted to the registrar or a subregistrar in the
registration district or county where the body or remains are
interred. If the request for disinterment is unopposed, the
registrar or subregistrar shall issue a
disinterment-transit-reinterment permit. deleted text end If the disinterment is
opposed, no new text begin disinterment-reinterment new text end permit shall deleted text begin issue deleted text end new text begin be
issued new text end until the new text begin state new text end registrar or deleted text begin subregistrar deleted text end new text begin licensed
mortician new text end receives a certified copy of a court order deleted text begin showing
reasonable cause to disinter deleted text end new text begin that specifically orders the
disinterment and reinterment new text end .

Sec. 66.

Minnesota Statutes 2004, section 149A.96,
subdivision 7, is amended to read:

Subd. 7.

Filing of documentation of disinterment and
reinterment.

The cemetery where the body or remains were
originally interred shall retain a copy of the
disinterment- deleted text begin transit- deleted text end reinterment permit, the authorization to
disinter, deleted text begin the death record, deleted text end and, if applicable, the court order
showing reasonable cause to disinter. Until the body or remains
are reinterred the original permit and other documentation shall
be in the possession of the person in physical or legal custody
of the body or remains, or attached to the transportation
container which holds the body or remains. At the time of
reinterment, the permit and other documentation shall be filed
according to the laws, rules, or regulations of the state or
country where reinterment occurs. deleted text begin Where the body or remains are
to be removed from a dedicated cemetery for reinterment
elsewhere, the authority issuing the
disinterment-transit-reinterment permit shall forward a
photocopy of the issued permit to the commissioner to be filed
with the original death record. deleted text end new text begin If the death occurred in
Minnesota, the state registrar or a licensed mortician shall
inform the person requesting the disinterment and reinterment of
the right to request an amendment to the death record according
to Minnesota Rules, chapter 4601.
new text end

Sec. 67.

Laws 1998, chapter 316, section 4, is amended to
read:

Sec. 4 new text begin EFFECTIVE DATE.
new text end

Sections 1 to 3 are effective 24 months after the date on
which a deleted text begin unique health deleted text end new text begin national provider new text end identifier is deleted text begin adopted or
established deleted text end new text begin made effective new text end under United States Code, title 42,
sections 1320d to 1320d-8 (1996 and subsequent amendments).

Sec. 68. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 103I.005, subdivision 13;
103I.222; and 144.214, subdivision 4, are repealed.
new text end