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SF 1579

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

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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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 beginhcfa deleted text endnew text begincms new text end1450.

"Uniform
billing form deleted text beginHCFA deleted text endnew text beginCMS new text end1450" means the uniform billing form known
as the deleted text beginHCFA deleted text endnew text beginCMS new text end1450 or UB92, developed by the National Uniform
Billing Committee in 1992 and approved for implementation in
October 1993new text begin, and any subsequent amendments to the formnew text end.

Sec. 2.

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


Subd. 18.

Uniform billing form deleted text beginhcfa deleted text endnew text begincms new text end1500.

"Uniform
billing form deleted text beginHCFA deleted text endnew text beginCMS new text end1500" means the 1990 version of the health
insurance claim form, deleted text beginHCFA deleted text endnew text beginCMS new text end1500, developed by the new text beginNational
new text end Uniform deleted text beginclaims form task force of the federal Health Care
Financing Administration
deleted text endnew text beginClaim 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 beginhcfa deleted text endnew text begincms new text end1450.

(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 beginHCFA deleted text endnew text beginCMS
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 beginHCFA deleted text endnew text beginCMS new text end1450 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 endnew text beginCMS new text end1450 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 beginhcfa deleted text endnew text begincms new text end1500.

(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 beginHCFA deleted text endnew text beginCMS new text end1500, except as provided in
subdivision 5.

(b) The instructions and definitions for the use of the
uniform billing form deleted text beginHCFA deleted text endnew text beginCMS new text end1500 shall be in accordance with
the manual developed by the Administrative Uniformity Committee
entitled standards for the use of the deleted text beginHCFA deleted text endnew text beginCMS new text end1500 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 endnew text beginCMS new text end1500 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 beginHCFA deleted text endnew text beginCMS new text end1450 for community mental health
center services and shall accept the deleted text beginHCFA deleted text endnew text beginCMS new text end1500 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 beginHCFA deleted text endnew text beginCMS
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 beginHCFA deleted text endnew text beginCMS new text end1450 or the deleted text beginHCFA deleted text endnew text beginCMS new text end1500 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 beginunique health deleted text endnew text beginnational provider new text endidentifier
deleted text begin for health care providers deleted text endis deleted text beginadopted or established deleted text endnew text beginmade
effective
new text endunder United States Code, title 42, sections 1320d to
1320d-8 (1996 and subsequent amendments), all group purchasers
and new text beginany new text endhealth care deleted text beginproviders in Minnesota deleted text endnew text beginprovider 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 endshall use a deleted text beginunique
identification number
deleted text endnew text beginnational provider identifier new text endto identify
health care provider organizations new text beginin Minnesotanew text end, new text beginaccording to
this section,
new text endexcept 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 endnew text beginnational provider identifier new text endto
identify health provider organizations no later than 36 months
after the date on which a deleted text beginunique health deleted text endnew text beginnational provider
new text end identifier deleted text beginfor health care providers deleted text endis deleted text beginadopted or
established
deleted text endnew text beginmade effective new text endunder United States Code, title 42,
sections 1320d to 1320d-8 (1996 and subsequent amendments).

(c) The deleted text beginunique health deleted text endnew text beginnational provider new text endidentifier for
health care providers deleted text beginadopted or deleted text endestablished 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 beginin 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 endprovider organizations new text beginin 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 endshall
obtain a deleted text beginunique health deleted text endnew text beginnational provider new text endidentifier from the
federal Secretary of Health and Human Services using the process
prescribed by the Secretary.

(e) Only the deleted text beginunique health care provider organization
deleted text endnew text begin national provider new text endidentifier shall be used deleted text beginfor purposes of deleted text endnew text beginto
identify health care provider organizations when
new text endsubmitting and
receiving new text beginpaper and electronic new text endclaims new text beginand remittance advice
notices
new text end, and in conjunction with other data collection and
reporting functions.

(f) new text beginHealth 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 endThe 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 beginunique health deleted text endnew text beginnational provider new text endidentifier deleted text beginfor
health care providers
deleted text endis deleted text beginadopted or established deleted text endnew text beginmade effective
new text end under United States Code, title 42, sections 1320d to 1320d-8
(1996 and subsequent amendments), all group purchasers new text beginin
Minnesota
new text endand new text beginany individual new text endhealth care deleted text beginproviders in Minnesota
deleted text endnew 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 endshall use deleted text begina
unique identification number
deleted text endnew text beginthe national provider identifier new text endto
identify an individual health care provider new text beginin
Minnesota
new text end, new text beginaccording to this section,new text endexcept 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 begina
unique identification number
deleted text endnew text beginthe national provider identifier new text endto
identify an individual health care provider no later than 36
months after the date on which a deleted text beginunique health deleted text endnew text beginnational provider
new text end identifier for health care providers is deleted text beginadopted or
established
deleted text endnew text beginmade effective new text endunder United States Code, title 42,
sections 1320d to 1320d-8 (1996 and subsequent amendments).

(c) The deleted text beginunique health deleted text endnew text beginnational provider new text endidentifier for
health care providers deleted text beginadopted or deleted text endestablished 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 endproviders new text beginin 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 endshall obtain a
deleted text begin unique health deleted text endnew text beginnational provider new text endidentifier from the federal
Secretary of Health and Human Services using the process
prescribed by the Secretary.

(e) Only the deleted text beginunique individual health care deleted text endnew text beginnational
new text end provider identifier shall be used deleted text beginfor purposes of deleted text endnew text beginto identify
individual health care providers when
new text endsubmitting and receiving
new text begin paper and electronic new text endclaims new text beginand remittance advice noticesnew text end, and
in conjunction with other data collection and reporting
functions.

(f) new text beginIndividual 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 endThe 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 beginOctober 16, 2004 deleted text endnew text beginJune 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 begina well or dewatering well deleted text endnew text beginan excavation new text end25 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 beginshaft deleted text endnew text beginboringnew text end.

"Elevator deleted text beginshaft deleted text endnew text beginboring new text end"
means a bore hole, jack hole, drilled hole, or excavation
constructed to install an elevator deleted text beginshaft or deleted text endhydraulic cylinder.

Sec. 12.

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


Subd. 7.

Elevator deleted text beginshaft deleted text endnew text beginboring new text endcontractor.

"Elevator
deleted text begin shaft deleted text endnew text beginboring new text endcontractor" means a person with an elevator deleted text beginshaft
deleted text endnew text begin boring new text endcontractor'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 beginwho has
the right to drill an exploratory boring
deleted text endnew text beginwith 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 beginLimited 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 contractorsdeleted text begin,deleted text endnew text begin;new text endpersons
constructing, repairing, and sealing vertical heat exchangersdeleted text begin,deleted text endnew text begin;
new text end persons modifying or repairing well casings, well screens, or
well diameters; new text beginpersons new text endconstructing, repairing, and sealing
deleted text begin unconventional wells such as deleted text enddrive point wells or dug wells;
new text begin persons new text endconstructing, repairing, and sealing dewatering wells;
new text begin persons new text endsealing wells; new text beginpersons new text endinstalling well pumps or pumping
equipment; and new text beginpersons new text endexcavating or drilling holes for the
installation of elevator deleted text beginshafts deleted text endnew text beginborings new text endor 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
wellsdeleted text begin, elevator shafts,deleted text endand borings within the state; and

(6) issue permits for wells, groundwater thermal devices,
vertical heat exchangers, and deleted text beginexcavation for holes to install
deleted text end elevator deleted text beginshafts or hydraulic cylinders deleted text endnew text beginboringsnew 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 enddrive deleted text beginpoints deleted text endnew text beginpoint wells new text endor dug
wells;

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

(iv) persons sealing wells;

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

(vi) persons constructing, repairing, and sealing vertical
heat exchangers; new text beginand
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 beginand 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 beginand boring new text enddata with other state and local governmental
agencies;

(10) establishment of criteria and procedures for
submission of well new text beginand boring new text endlogs, formation samples or well new text beginor
boring
new text endcuttings, 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 beginresponsible individual for a
new text end licensed deleted text beginexploratory borer deleted text endnew text beginexplorernew text end;

(5) one member must be a new text begincertified representative of a
new text end licensed elevator deleted text beginshaft deleted text endnew text beginboring new text endcontractor;

(6) two members must be members of the public who are not
connected with the deleted text beginbusiness of exploratory deleted text endboring or deleted text beginthe deleted text endwell
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 beginmust be new text endfrom the Board of Water and Soil
Resources appointed by its chair;

(10) one member must be a new text begincertified 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 beginactively engaged in the well
drilling industry
deleted text endnew text begincertified 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 begincertified representative of a
new text end licensed vertical heat exchanger contractor deleted text beginor 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 beginshafts deleted text endnew text beginboringsnew 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 beginelevator
shafts
deleted text endnew text beginborings new text endunless 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 endA 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 beginor 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 constructnew text begin, repair, and seal new text enda monitoring
well if the person:

(1) is a professional engineer deleted text beginregistered deleted text endnew text beginlicensed new text endunder
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 beginengineer registered with the Board of
Architecture, Engineering, Land Surveying, Landscape
Architecture, and Interior Design
deleted text endnew text begingeoscientist 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 endnew text begin(e) new text endNotwithstanding 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 beginor otherwise provide access to new text enda 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 beginwater supply new text endwell, $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 begindewatering new text endwell
except a dewatering project comprising five or more new text begindewatering
new text end wells shall be assessed a single fee of $750 for the new text begindewatering
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 beginwater supply new text endwell 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 beginwater supply new text endwells, $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 begindewatering new text endwell,
except a dewatering project comprising more than five new text begindewatering
new text end wells shall be issued a single permit for $625 annually
for new text begindewatering new text endwells recorded on the permit; and

(8) for deleted text beginexcavating holes for the purpose of installing deleted text endnew text beginan
new text end elevator deleted text beginshafts deleted text endnew text beginboringnew text end, $150 for each deleted text beginhole deleted text endnew text beginboringnew 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 beginor boring new text endis 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 beginor
boring
new text endis not liable for contamination of groundwater from the
well new text beginor boring new text endthat occurs after the well new text beginor boring new text endhas 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 beginor boringnew 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 endSubject 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 beginSHAFT deleted text endBORINGS.

Subdivision 1.

Permit required.

(a) A person may not
construct an elevator deleted text beginshaft deleted text endnew text beginboring new text enduntil a permit for the hole
or excavation is issued by the commissioner.

(b) The elevator deleted text beginshaft deleted text endnew text beginboring new text endpermit 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 beginshaft holes or excavations deleted text endnew text beginboringsnew text end.

Subd. 2.

License required.

A person may not construct an
elevator deleted text beginshaft deleted text endnew text beginboring new text endunless the person possesses a well
contractor's license or an elevator deleted text beginshaft deleted text endnew text beginboring new text endcontractor's
license issued by the commissioner.

Subd. 3.

Sealing.

A well contractor or elevator deleted text beginshaft
deleted text endnew text begin boring new text endcontractor must seal a hole or excavation that is no
longer used for an elevator deleted text beginshaft deleted text endnew text beginboringnew 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 begina hole or excavation for deleted text endan elevator deleted text beginshaft deleted text endnew text beginboringnew 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 beginrepairing,new text endand sealing deleted text beginof holes
for the installation
deleted text endof elevator deleted text beginshafts and hydraulic cylinders
deleted text endnew text begin boringsnew text end;

(5) constructionnew text begin, repair,new text endand 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 beginshaft
deleted text endnew text begin boring new text endcontractors, 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 beginAND REGISTRATIONSnew 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 beginor boring new text endcontractor 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 beginor
registrants
new text endof this state.

Subd. 2.

License fee required.

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

Sec. 32.

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


Subdivision 1.

new text begincertification new text endapplication.

(a) A person
must file an application and application fee with the
commissioner to deleted text beginapply for deleted text endnew text beginrepresent new text enda well deleted text begincontractor's license
deleted text endnew text begin contractornew text end.

(b) The application must state the applicant's
qualifications for deleted text beginthe license, the equipment the applicant will
use in the contracting
deleted text endnew text begincertification as a representativenew 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 beginthe licensed well contractor deleted text endrepresenting a
firm, sole proprietorship, partnership, association,
corporation, or other entity including the United States
government, any interstate body, the statenew text begin,new text endand new text beginan new text endagency,
departmentnew text begin,new text endor political subdivision of the state; and

(2) meets the well contractor new text begincertification and new text endlicense
requirements under deleted text beginprovisions of deleted text endthis chapter.

Sec. 33.

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


Subd. 2.

new text begincertification new text endapplication fee.

The application
fee for new text begincertification as new text enda deleted text beginwell contractor's
license
deleted text endnew text beginrepresentative of a well contractor new text endis $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 beginan applicant meets the
experience requirements established by rule, passes the
examination as determined by the commissioner
deleted text endnew text begina 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 beginunlawful
deleted text end performance of work deleted text beginregulated by deleted text endnew text beginin this state that is not in
compliance with
new text endthis chapter deleted text beginin this state deleted text endnew text beginor 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 beginproperly deleted text endperform 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 $250new 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 begincertified representative of the new text endapplicant 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 beginand boring construction
new text end reports, well new text beginand boring new text endsealing reports, reports of deleted text beginexcavations
to construct
deleted text endelevator deleted text beginshafts deleted text endnew text beginboringsnew text end, new text beginwater sample analysis
reports,
new text endwell new text beginand boring new text endpermits, 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 begincertification new text endapplication.

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

(b) The application must state the applicant's
qualifications for the deleted text beginlicense, the equipment the applicant will
use in the contracting
deleted text endnew text begincertificationnew 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 begincertification new text endapplication fee.

The application
fee for new text begincertification as a representative of new text enda limited
well/boring deleted text begincontractor's license deleted text endnew text begincontractor new text endis $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 beginan applicant meets the
experience requirements established in rule, passes the
examination as determined by the commissioner
deleted text endnew text begina 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 beginunlawful
deleted text end performance of work deleted text beginregulated by deleted text endnew text beginin this state that is not in
compliance with
new text endthis chapter deleted text beginin this state deleted text endnew text beginor 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 beginproperly
deleted text end perform work or duties new text beginin 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 begincertified representative of the new text endapplicant 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 beginand boring construction
reports, well and boring
new text endsealing reports, well new text beginand boring
new text end permits, deleted text beginvertical heat exchanger permits,deleted text endnew text beginwater quality sample
reports,
new text endand 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 begincertification new text endapplication.

(a) An
individual must file an application and application fee with the
commissioner to deleted text beginapply for deleted text endnew text beginrepresent new text endan elevator deleted text beginshaft
contractor's license
deleted text endnew text beginboring contractornew text end.

(b) The application must state the applicant's
qualifications for the deleted text beginlicense, the equipment the applicant will
use in the contracting
deleted text endnew text begincertificationnew 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 begincertification new text endapplication fee.

The application
fee for new text begincertification as a representative of new text endan elevator deleted text beginshaft
contractor's license
deleted text endnew text beginboring contractor new text endis $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 beginan applicant passes the
examination as determined by the commissioner
deleted text endnew text begina 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 beginshaft deleted text endnew text beginboring new text endcontractor'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 beginshaft deleted text endnew text beginboring new text endcontractor'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 endperformance of work deleted text beginregulated by deleted text endnew text beginin this state that is
not in compliance with
new text endthis chapter deleted text beginin this state deleted text endnew text beginor 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 beginproperly deleted text endperform 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 beginshaft deleted text endnew text beginboring new text endcontractor'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 beginshaft
deleted text endnew text begin boring new text endcontractor's license is $75.

(c) The renewal application must include information that
the new text begincertified representative of the new text endapplicant 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 beginshaft deleted text endnew text beginboring new text endwork
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 beginshaft deleted text endnew text beginboring new text endcontractor'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 beginCONTRACTORS deleted text endnew text beginCONTRACTOR'S
REGISTRATION; REPRESENTATIVE'S CERTIFICATION
new text end.

Subdivision 1.

deleted text begininitial deleted text endregistration deleted text beginafter july 1, 1990deleted text end.

deleted text begin After July 1, 1990,deleted text endA person seeking deleted text begininitial deleted text endregistration 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 begincertification new text endapplication.

(a) An individual
must submit an application and application fee to the
commissioner to apply for new text begincertification as a representative of new text enda
monitoring well contractor deleted text beginregistrationdeleted 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 beginregistration deleted text endnew text begincertificationnew text end, deleted text beginthe equipment
the applicant will use in the contracting,
deleted text endand other information
required by the commissioner.

Subd. 2b.

deleted text beginapplication fee deleted text endnew text beginissuance of registrationnew text end.

deleted text beginThe
application
deleted text endnew text beginIf a person employs a certified representative,
submits the bond under subdivision 3, and pays the registration
new text end fee new text beginof $75 new text endfor a monitoring well contractor registration deleted text beginis $75 deleted text endnew 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 endperformance of work deleted text beginregulated by deleted text endnew text beginin this state that is
not in compliance with
new text endthis chapter deleted text beginin this state deleted text endnew text beginor 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 beginproperly deleted text endperform 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 begincertified representative of the new text endapplicant 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 beginand boring construction new text endreports, well new text beginand
boring
new text endsealing 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 beginpump deleted text endhoist.

(a) A person may not use a machine
such as a deleted text beginpump deleted text endhoist 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 beginor a 7.5 minute series topographic
map (1:24,000 scale), as prepared by the United States
Geological Survey,
new text endshowing 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 beginfrom uranium or other radioactive mineral exploratory
borings
new text endbefore 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 beginor local registrar or with a mortician
designated pursuant to section 144.214, subdivision 4,
deleted text endwithin
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 beginlicensed new text endmortician deleted text begindesignated to receive death
records under section 144.214, subdivision 4,
deleted text endfurnishes 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 begindisposition or deleted text endtransit permit issued by deleted text beginthe 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 endnew text begina licensed morticiannew text end. Permits
shall contain the information required on the permit form as
furnished by the commissioner deleted text beginand 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 beginshall be deleted text endnew text beginis
new text end required when deleted text begina body is to bedeleted text end:

(1) deleted text beginmoved within a registration district and deleted text endlegal and
physical custody of the body is transferred;

(2) deleted text beginremoved 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 endnew text begina body is new text endtransported by public transportation; or

deleted text begin (5) deleted text endnew text begin(3) a body is new text endremoved 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 beginshall
be
deleted text endnew text beginis new text endrequired before a body can be buried, entombed, or
cremateddeleted 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 enddeath record has been completed deleted text beginor 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 begindisposition new text endpermit 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 placedeleted 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 beginThe
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 beginthe filing of deleted text enda deleted text beginproperly
issued
deleted text endnew text begindisposition permit. The disposition new text endpermit new text beginmust 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 beginproperly issued disposition deleted text endnew text begintransit new text endpermit.

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 begintransit-deleted text endreinterment permit properly
issued by the deleted text beginlocal deleted text endnew text beginstate new text endregistrar or deleted text beginsubregistrar deleted text endnew text begina licensed
mortician
new text end. Permits shall contain the information required on
the permit form as furnished by the commissioner deleted text beginand 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 beginprocedure; removal from dedicated
cemetery
deleted text endnew text beginopposednew text end.

deleted text beginNo 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 endIf the disinterment is
opposed, no new text begindisinterment-reinterment new text endpermit shall deleted text beginissue deleted text endnew text beginbe
issued
new text enduntil the new text beginstate new text endregistrar or deleted text beginsubregistrar deleted text endnew text beginlicensed
mortician
new text endreceives a certified copy of a court order deleted text beginshowing
reasonable cause to disinter
deleted text endnew text beginthat 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 begintransit-deleted text endreinterment permit, the authorization to
disinter, deleted text beginthe death record,deleted text endand, 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 beginWhere 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 endnew text beginIf 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. 4new text beginEFFECTIVE DATE.
new text end

Sections 1 to 3 are effective 24 months after the date on
which a deleted text beginunique health deleted text endnew text beginnational provider new text endidentifier is deleted text beginadopted or
established
deleted text endnew text beginmade effective new text endunder United States Code, title 42,
sections 1320d to 1320d-8 (1996 and subsequent amendments).

Sec. 68. new text beginREPEALER.
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