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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 106-S.F.No. 1579 
                  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 HCFA CMS 1450.] "Uniform 
        billing form HCFA CMS 1450" means the uniform billing form known 
        as the HCFA CMS 1450 or UB92, developed by the National Uniform 
        Billing Committee in 1992 and approved for implementation in 
        October 1993, and any subsequent amendments to the form. 
           Sec. 2.  Minnesota Statutes 2004, section 62J.51, 
        subdivision 18, is amended to read: 
           Subd. 18.  [UNIFORM BILLING FORM HCFA CMS 1500.] "Uniform 
        billing form HCFA CMS 1500" means the 1990 version of the health 
        insurance claim form, HCFA CMS 1500, developed by the National 
        Uniform claims form task force of the federal Health Care 
        Financing Administration Claim Committee and any subsequent 
        amendments to the form. 
           Sec. 3.  Minnesota Statutes 2004, section 62J.52, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [UNIFORM BILLING FORM HCFA CMS 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 HCFA CMS 
        1450, except as provided in subdivision 5. 
           (b) The instructions and definitions for the use of the 
        uniform billing form HCFA CMS 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 
        HCFA CMS 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 HCFA CMS 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 HCFA CMS 1500, except as provided in 
        subdivision 5. 
           (b) The instructions and definitions for the use of the 
        uniform billing form HCFA CMS 1500 shall be in accordance with 
        the manual developed by the Administrative Uniformity Committee 
        entitled standards for the use of the HCFA CMS 1500 form, dated 
        February 1994, as further defined by the commissioner. 
           (c) Services to be billed using the uniform billing form 
        HCFA CMS 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 HCFA CMS 1450 for community mental health 
        center services and shall accept the HCFA CMS 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 HCFA CMS 
        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 HCFA CMS 1450 or the HCFA CMS 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 unique health national provider identifier 
        for health care providers is adopted or established made 
        effective under United States Code, title 42, sections 1320d to 
        1320d-8 (1996 and subsequent amendments), all group purchasers 
        and any health care providers in Minnesota 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 shall use a unique 
        identification number national provider identifier to identify 
        health care provider organizations in Minnesota, according to 
        this section, 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 
        unique identification number national provider identifier to 
        identify health provider organizations no later than 36 months 
        after the date on which a unique health national provider 
        identifier for health care providers is adopted or 
        established made effective under United States Code, title 42, 
        sections 1320d to 1320d-8 (1996 and subsequent amendments). 
           (c) The unique health national provider identifier for 
        health care providers adopted or 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 in Minnesota under this 
        section. 
           (d) Provider organizations required to have a unique health 
        identifier are:  
           (1) hospitals licensed under chapter 144; 
           (2) nursing homes and hospices licensed under chapter 144A; 
           (3) subacute care facilities; 
           (4) individual providers organized as a clinic or group 
        practice; 
           (5) independent laboratory, pharmacy, surgery, radiology, 
        or outpatient facilities; 
           (6) ambulance services licensed under chapter 144; 
           (7) special transportation services certified under chapter 
        174; and 
           (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).  
           (d) All health care provider organizations 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 shall 
        obtain a unique health national provider identifier from the 
        federal Secretary of Health and Human Services using the process 
        prescribed by the Secretary. 
           (e) Only the unique health care provider organization 
        national provider identifier shall be used for purposes of to 
        identify health care provider organizations when submitting and 
        receiving paper and electronic claims and remittance advice 
        notices, and in conjunction with other data collection and 
        reporting functions. 
           (f) 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.  
           (g) 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 unique health national provider identifier for 
        health care providers is adopted or established made effective 
        under United States Code, title 42, sections 1320d to 1320d-8 
        (1996 and subsequent amendments), all group purchasers in 
        Minnesota and any individual health care providers in Minnesota 
        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 shall use a 
        unique identification number the national provider identifier to 
        identify an individual health care provider in 
        Minnesota, according to this section, 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 
        unique identification number the national provider identifier to 
        identify an individual health care provider no later than 36 
        months after the date on which a unique health national provider 
        identifier for health care providers is adopted or 
        established made effective under United States Code, title 42, 
        sections 1320d to 1320d-8 (1996 and subsequent amendments). 
           (c) The unique health national provider identifier for 
        health care providers adopted or 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.  
           (d) Individual providers required to have a unique health 
        identifier are:  
           (1) physicians licensed under chapter 147; 
           (2) dentists licensed under chapter 150A; 
           (3) chiropractors licensed under chapter 148; 
           (4) podiatrists licensed under chapter 153; 
           (5) physician assistants as defined under section 147A.01; 
           (6) advanced practice nurses as defined under section 
        62A.15; 
           (7) doctors of optometry licensed under section 148.57; 
           (8) pharmacists licensed under chapter 151; 
           (9) individual providers who may bill Medicare for medical 
        and other health services as defined in United States Code, 
        title 42, section 1395x(s); 
           (10) individual providers who are providers for state and 
        federal health care programs administered by the commissioner of 
        human services; and 
           (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).  
           (d) All individual health care providers 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 shall obtain a 
        unique health national provider identifier from the federal 
        Secretary of Health and Human Services using the process 
        prescribed by the Secretary.  
           (e) Only the unique individual health care national 
        provider identifier shall be used for purposes of to identify 
        individual health care providers when submitting and receiving 
        paper and electronic claims and remittance advice notices, and 
        in conjunction with other data collection and reporting 
        functions. 
           (f) 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. 
           (g) 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 October 16, 2004 June 30, 
        2007.  The requirements in subdivisions 1 and 2 apply regardless 
        of when the health care service was provided to the patient. 
           [EFFECTIVE DATE.] This section is effective retroactively 
        to October 16, 2004. 
           Sec. 9.  Minnesota Statutes 2004, section 103I.005, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [CERTIFIED REPRESENTATIVE.] "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. 
           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) a well or dewatering well an excavation 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 SHAFT BORING.] "Elevator shaft boring" 
        means a bore hole, jack hole, drilled hole, or excavation 
        constructed to install an elevator shaft or hydraulic cylinder. 
           Sec. 12.  Minnesota Statutes 2004, section 103I.005, 
        subdivision 7, is amended to read: 
           Subd. 7.  [ELEVATOR SHAFT BORING CONTRACTOR.] "Elevator 
        shaft boring contractor" means a person with an elevator shaft 
        boring 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 who has 
        the right to drill an exploratory boring with an explorer's 
        license issued by the commissioner.  
           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.  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.  
           Sec. 15.  Minnesota Statutes 2004, section 103I.005, is 
        amended by adding a subdivision to read: 
           Subd. 20a.  [WATER SUPPLY WELL.] "Water supply well" means 
        a well that is not a dewatering well or monitoring well and 
        includes wells used:  
           (1) for potable water supply; 
           (2) for irrigation; 
           (3) for agricultural, commercial, or industrial water 
        supply; 
           (4) for heating or cooling; 
           (5) as a remedial well; and 
           (6) for testing water yield for irrigation, commercial or 
        industrial uses, residential supply, or public water supply. 
           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,; persons 
        constructing, repairing, and sealing vertical heat exchangers,; 
        persons modifying or repairing well casings, well screens, or 
        well diameters; persons constructing, repairing, and sealing 
        unconventional wells such as drive point wells or dug wells; 
        persons constructing, repairing, and sealing dewatering wells; 
        persons sealing wells; persons installing well pumps or pumping 
        equipment; and persons excavating or drilling holes for the 
        installation of elevator shafts borings 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, elevator shafts, and borings within the state; and 
           (6) issue permits for wells, groundwater thermal devices, 
        vertical heat exchangers, and excavation for holes to install 
        elevator shafts or hydraulic cylinders borings.  
           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 
        unconventional wells such as drive points point wells or dug 
        wells; 
           (iii) persons constructing, repairing, and sealing 
        dewatering wells; 
           (iv) persons sealing wells; 
           (v) persons installing well pumps or pumping equipment and 
        excavating holes for installing elevator shafts or hydraulic 
        cylinders; and 
           (vi) persons constructing, repairing, and sealing vertical 
        heat exchangers; and 
           (vii) persons constructing, repairing, and sealing elevator 
        borings; 
           (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 and borings 
        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 and boring data with other state and local governmental 
        agencies; 
           (10) establishment of criteria and procedures for 
        submission of well and boring logs, formation samples or well or 
        boring 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. 
           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. 
           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 responsible individual for a 
        licensed exploratory borer explorer; 
           (5) one member must be a certified representative of a 
        licensed elevator shaft boring contractor; 
           (6) two members must be members of the public who are not 
        connected with the business of exploratory boring or the 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 must be from the Board of Water and Soil 
        Resources appointed by its chair; 
           (10) one member must be a certified representative of a 
        monitoring well contractor; 
           (11) six members must be residents of this state appointed 
        by the commissioner, who are actively engaged in the well 
        drilling industry certified representatives of licensed well 
        contractors, 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 certified representative of a 
        licensed vertical heat exchanger contractor or be certified by 
        the International Ground Source Heat Pump Association and 
        appointed by the commissioner. 
           (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 shafts borings.  
           (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 elevator 
        shafts borings 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.] 
           (a) Except as provided in paragraph (b), A person may not 
        construct, repair, or seal a well or boring, except as provided 
        under the provisions of this chapter. 
           (b) Until June 30, 1994, this chapter does not apply to 
        dewatering wells 45 feet or less in depth. 
           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), or (d), or (e), 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, repair, and seal a monitoring 
        well if the person: 
           (1) is a professional engineer registered licensed 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 engineer registered with the Board of 
        Architecture, Engineering, Land Surveying, Landscape 
        Architecture, and Interior Design geoscientist licensed under 
        sections 326.02 to 326.15; 
           (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.  
           (d) A person may construct, repair, and seal an elevator 
        boring with an elevator boring contractor's license. 
           (d) (e) 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 or otherwise provide access to 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 water supply 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 dewatering well 
        except a dewatering project comprising five or more dewatering 
        wells shall be assessed a single fee of $750 for the dewatering 
        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 water supply 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 water supply 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 dewatering well, 
        except a dewatering project comprising more than five dewatering 
        wells shall be issued a single permit for $625 annually 
        for dewatering wells recorded on the permit; and 
           (8) for excavating holes for the purpose of installing an 
        elevator shafts boring, $150 for each hole boring. 
           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 or boring 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 or 
        boring is not liable for contamination of groundwater from the 
        well or boring that occurs after the well or boring 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 or boring.  
           Sec. 28.  Minnesota Statutes 2004, section 103I.345, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EXPENDITURES.] (a) Subject to appropriation by 
        law, money in the account established under subdivision 1 may be 
        used by the commissioner for sealing wells and borings. 
           (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. 
           Sec. 29.  Minnesota Statutes 2004, section 103I.401, is 
        amended to read: 
           103I.401 [ELEVATOR SHAFT BORINGS.] 
           Subdivision 1.  [PERMIT REQUIRED.] (a) A person may not 
        construct an elevator shaft boring until a permit for the hole 
        or excavation is issued by the commissioner.  
           (b) The elevator shaft boring permit preempts local permits 
        except local building permits, and counties and home rule 
        charter or statutory cities may not require a permit for 
        elevator shaft holes or excavations borings. 
           Subd. 2.  [LICENSE REQUIRED.] A person may not construct an 
        elevator shaft boring unless the person possesses a well 
        contractor's license or an elevator shaft boring contractor's 
        license issued by the commissioner.  
           Subd. 3.  [SEALING.] A well contractor or elevator shaft 
        boring contractor must seal a hole or excavation that is no 
        longer used for an elevator shaft boring.  The sealing must be 
        done according to rules adopted by the commissioner.  
           Subd. 4.  [REPORT.] Within 30 days after completion or 
        sealing of a hole or excavation for an elevator shaft boring, 
        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, repairing, and sealing of holes 
        for the installation of elevator shafts and hydraulic cylinders 
        borings; 
           (5) construction, repair, 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 shaft 
        boring 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 AND REGISTRATIONS.] 
           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 or boring 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 or 
        registrants of this state.  
           Subd. 2.  [LICENSE FEE REQUIRED.] A well or boring 
        contractor must apply for the license or registration and pay 
        the fees under the provisions of this chapter to receive a 
        license or registration under this section.  
           Sec. 32.  Minnesota Statutes 2004, section 103I.525, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CERTIFICATION APPLICATION.] (a) A person 
        must file an application and application fee with the 
        commissioner to apply for represent a well contractor's license 
        contractor.  
           (b) The application must state the applicant's 
        qualifications for the license, the equipment the applicant will 
        use in the contracting certification as a representative, 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 the licensed well contractor representing a 
        firm, sole proprietorship, partnership, association, 
        corporation, or other entity including the United States 
        government, any interstate body, the state, and an agency, 
        department, or political subdivision of the state; and 
           (2) meets the well contractor certification and license 
        requirements under provisions of this chapter. 
           Sec. 33.  Minnesota Statutes 2004, section 103I.525, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CERTIFICATION APPLICATION FEE.] The application 
        fee for certification as a well contractor's 
        license representative of a well contractor 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: 
           Subd. 3a.  [ISSUANCE OF CERTIFICATION.] 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. 
           Sec. 35.  Minnesota Statutes 2004, section 103I.525, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ISSUANCE OF LICENSE.] If an applicant meets the 
        experience requirements established by rule, passes the 
        examination as determined by the commissioner a person employs a 
        certified representative, 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 unlawful 
        performance of work regulated by in this state that is not in 
        compliance with this chapter in this state or rules adopted 
        under this chapter.  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 properly perform work or duties 
        in compliance with this chapter or rules adopted under this 
        chapter. 
           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, except the fee for an individual well 
        contractor's license is $75.  
           (c) The renewal application must include information that 
        the certified representative of the 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 and boring construction 
        reports, well and boring sealing reports, reports of excavations 
        to construct elevator shafts borings, water sample analysis 
        reports, well and boring 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.  [CERTIFICATION APPLICATION.] (a) A person 
        must file an application and an application fee with the 
        commissioner to apply for represent a limited well/boring 
        contractor's license contractor. 
           (b) The application must state the applicant's 
        qualifications for the license, the equipment the applicant will 
        use in the contracting certification, 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.  [CERTIFICATION APPLICATION FEE.] The application 
        fee for certification as a representative of a limited 
        well/boring contractor's license contractor 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: 
           Subd. 3a.  [ISSUANCE OF CERTIFICATION.] 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. 
           Sec. 41.  Minnesota Statutes 2004, section 103I.531, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ISSUANCE OF LICENSE.] If an applicant meets the 
        experience requirements established in rule, passes the 
        examination as determined by the commissioner a person employs a 
        certified representative, 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 unlawful 
        performance of work regulated by in this state that is not in 
        compliance with this chapter in this state or rules adopted 
        under this chapter.  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 properly 
        perform work or duties in compliance with this chapter or rules 
        adopted under this chapter. 
           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 certified representative of the 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 and boring construction 
        reports, well and boring sealing reports, well and boring 
        permits, vertical heat exchanger permits, water quality sample 
        reports, 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.  [CERTIFICATION APPLICATION.] (a) An 
        individual must file an application and application fee with the 
        commissioner to apply for represent an elevator shaft 
        contractor's license boring contractor.  
           (b) The application must state the applicant's 
        qualifications for the license, the equipment the applicant will 
        use in the contracting certification, 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.  [CERTIFICATION APPLICATION FEE.] The application 
        fee for certification as a representative of an elevator shaft 
        contractor's license boring contractor 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: 
           Subd. 3a.  [ISSUANCE OF CERTIFICATION.] 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. 
           Sec. 47.  Minnesota Statutes 2004, section 103I.535, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ISSUANCE OF LICENSE.] If an applicant passes the 
        examination as determined by the commissioner a person employs a 
        certified representative, submits the bond under subdivision 5, 
        and pays the license fee under subdivision 6, the commissioner 
        shall issue an elevator shaft boring 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 shaft boring 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 
        unlawful performance of work regulated by in this state that is 
        not in compliance with this chapter in this state or rules 
        adopted under this chapter.  
           (b) From proceeds of the bond, the commissioner may 
        compensate persons injured or suffering financial loss because 
        of a failure of the applicant to properly perform work or duties 
        in compliance with this chapter or rules adopted under this 
        chapter. 
           Sec. 49.  Minnesota Statutes 2004, section 103I.535, 
        subdivision 7, is amended to read: 
           Subd. 7.  [VALIDITY.] An elevator shaft boring 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 shaft 
        boring contractor's license is $75.  
           (c) The renewal application must include information that 
        the certified representative of the 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 shaft boring 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 shaft boring 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 CONTRACTORS CONTRACTOR'S 
        REGISTRATION; REPRESENTATIVE'S CERTIFICATION.] 
           Subdivision 1.  [INITIAL REGISTRATION AFTER JULY 1, 1990.] 
        After July 1, 1990, A person seeking initial 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.  [CERTIFICATION APPLICATION.] (a) An individual 
        must submit an application and application fee to the 
        commissioner to apply for certification as a representative of a 
        monitoring well contractor registration.  
           (b) The application must be on forms prescribed by the 
        commissioner.  The application must state the applicant's 
        qualifications for the registration certification, the equipment 
        the applicant will use in the contracting, and other information 
        required by the commissioner.  
           Subd. 2b.  [APPLICATION FEE ISSUANCE OF REGISTRATION.] The 
        application If a person employs a certified representative, 
        submits the bond under subdivision 3, and pays the registration 
        fee of $75 for a monitoring well contractor registration is $75, 
        the commissioner shall issue a monitoring well contractor 
        registration to the applicant.  The fee for an individual 
        registration is $75.  The commissioner may not act on an 
        application until the application fee is paid.  
           Subd. 2c.  [CERTIFICATION APPLICATION FEE.] 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. 
           Subd. 2d.  [EXAMINATION.] After the commissioner has 
        approved an application, the applicant must take an examination 
        given by the commissioner. 
           Subd. 2e.  [ISSUANCE OF CERTIFICATION.] 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. 
           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 
        unlawful performance of work regulated by in this state that is 
        not in compliance with this chapter in this state or rules 
        adopted under this chapter.  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 properly perform work or duties 
        in compliance with this chapter or rules adopted under this 
        chapter. 
           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 certified representative of the 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 and boring construction reports, well and 
        boring 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.  [PUMP HOIST.] (a) A person may not use a machine 
        such as a pump 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, or a 7.5 minute series topographic 
        map (1:24,000 scale), as prepared by the United States 
        Geological Survey, 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 from uranium or other radioactive mineral exploratory 
        borings 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 or local registrar or with a mortician 
        designated pursuant to section 144.214, subdivision 4, 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 licensed mortician designated to receive death 
        records under section 144.214, subdivision 4, 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 disposition or transit permit issued by 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 a licensed mortician.  Permits 
        shall contain the information required on the permit form as 
        furnished by the commissioner 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. 
           Sec. 59.  Minnesota Statutes 2004, section 149A.93, 
        subdivision 2, is amended to read: 
           Subd. 2.  [TRANSIT PERMIT.] A transit permit shall be is 
        required when a body is to be: 
           (1) moved within a registration district and legal and 
        physical custody of the body is transferred; 
           (2) removed from a registration district; 
           (3) removed from the county where the death occurred; 
           (4) a body is transported by public transportation; or 
           (5) (3) a body is 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 shall 
        be is required before a body can be buried, entombed, or 
        cremated, or when a body will be retained for more than five 
        calendar days.  No disposition permit shall be issued until a 
        fact of death record has been completed 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. 
           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 disposition 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, 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. 
           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.  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. 
           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 the filing of a properly 
        issued disposition permit.  The disposition permit must be filed 
        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 properly issued disposition transit 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-transit-reinterment permit properly 
        issued by the local state registrar or subregistrar a licensed 
        mortician.  Permits shall contain the information required on 
        the permit form as furnished by the commissioner 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. 
           Sec. 65.  Minnesota Statutes 2004, section 149A.96, 
        subdivision 4, is amended to read: 
           Subd. 4.  [DISINTERMENT PROCEDURE; REMOVAL FROM DEDICATED 
        CEMETERY OPPOSED.] 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.  If the disinterment is 
        opposed, no disinterment-reinterment permit shall issue be 
        issued until the state registrar or subregistrar licensed 
        mortician receives a certified copy of a court order showing 
        reasonable cause to disinter that specifically orders the 
        disinterment and reinterment. 
           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-transit-reinterment permit, the authorization to 
        disinter, the death record, 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.  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.  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. 
           Sec. 67.  Laws 1998, chapter 316, section 4, is amended to 
        read: 
           Sec. 4.  [EFFECTIVE DATE.] 
           Sections 1 to 3 are effective 24 months after the date on 
        which a unique health national provider identifier is adopted or 
        established made effective under United States Code, title 42, 
        sections 1320d to 1320d-8 (1996 and subsequent amendments). 
           Sec. 68.  [REPEALER.] 
           Minnesota Statutes 2004, sections 103I.005, subdivision 13; 
        103I.222; and 144.214, subdivision 4, are repealed. 
           Presented to the governor May 24, 2005 
           Signed by the governor May 26, 2005, 9:25 p.m.