1.1                          A bill for an act 
  1.2             relating to occupations; requiring plumbers to be 
  1.3             licensed in all cities regardless of size; 
  1.4             establishing inspection requirements for new plumbing 
  1.5             installations; allowing the commissioner to charge 
  1.6             fees to hire staff; licensing restricted master 
  1.7             plumbers; amending Minnesota Statutes 1998, sections 
  1.8             144.122; 326.37, subdivision 1, and by adding a 
  1.9             subdivision; and 326.40, subdivision 1; proposing 
  1.10            coding for new law in Minnesota Statutes, chapter 326; 
  1.11            repealing Minnesota Statutes 1998, section 326.45. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1998, section 144.122, is 
  1.14  amended to read: 
  1.15     144.122 [LICENSE, PERMIT, AND SURVEY FEES.] 
  1.16     (a) The state commissioner of health, by rule, may 
  1.17  prescribe reasonable procedures and fees for filing with the 
  1.18  commissioner as prescribed by statute and for the issuance of 
  1.19  original and renewal permits, licenses, registrations, and 
  1.20  certifications issued under authority of the commissioner.  The 
  1.21  expiration dates of the various licenses, permits, 
  1.22  registrations, and certifications as prescribed by the rules 
  1.23  shall be plainly marked thereon.  Fees may include application 
  1.24  and examination fees and a penalty fee for renewal applications 
  1.25  submitted after the expiration date of the previously issued 
  1.26  permit, license, registration, and certification.  The 
  1.27  commissioner may also prescribe, by rule, reduced fees for 
  1.28  permits, licenses, registrations, and certifications when the 
  2.1   application therefor is submitted during the last three months 
  2.2   of the permit, license, registration, or certification period.  
  2.3   Fees proposed to be prescribed in the rules shall be first 
  2.4   approved by the department of finance.  All fees proposed to be 
  2.5   prescribed in rules shall be reasonable.  The fees shall be in 
  2.6   an amount so that the total fees collected by the commissioner 
  2.7   will, where practical, approximate the cost to the commissioner 
  2.8   in administering the program.  All fees collected shall be 
  2.9   deposited in the state treasury and credited to the state 
  2.10  government special revenue fund unless otherwise specifically 
  2.11  appropriated by law for specific purposes. 
  2.12     (b) The commissioner may charge a fee for voluntary 
  2.13  certification of medical laboratories and environmental 
  2.14  laboratories, and for environmental and medical laboratory 
  2.15  services provided by the department, without complying with 
  2.16  paragraph (a) or chapter 14.  Fees charged for environment and 
  2.17  medical laboratory services provided by the department must be 
  2.18  approximately equal to the costs of providing the services.  
  2.19     (c) The commissioner may develop a schedule of fees for 
  2.20  diagnostic evaluations conducted at clinics held by the services 
  2.21  for children with handicaps program.  All receipts generated by 
  2.22  the program are annually appropriated to the commissioner for 
  2.23  use in the maternal and child health program. 
  2.24     (d) The commissioner, for fiscal years 1996 and beyond, 
  2.25  shall set license fees for hospitals and nursing homes that are 
  2.26  not boarding care homes at the following levels: 
  2.27  Joint Commission on Accreditation of Healthcare 
  2.28  Organizations (JCAHO hospitals)      $1,017
  2.29  Non-JCAHO hospitals                  $762 plus $34 per bed
  2.30  Nursing home                         $78 plus $19 per bed
  2.31     For fiscal years 1996 and beyond, the commissioner shall 
  2.32  set license fees for outpatient surgical centers, boarding care 
  2.33  homes, and supervised living facilities at the following levels: 
  2.34  Outpatient surgical centers          $517
  2.35  Boarding care homes                  $78 plus $19 per bed
  2.36  Supervised living facilities         $78 plus $19 per bed.
  3.1      (e) Unless prohibited by federal law, the commissioner of 
  3.2   health shall charge applicants the following fees to cover the 
  3.3   cost of any initial certification surveys required to determine 
  3.4   a provider's eligibility to participate in the Medicare or 
  3.5   Medicaid program: 
  3.6   Prospective payment surveys for          $  900
  3.7   hospitals
  3.9   Swing bed surveys for nursing homes      $1,200
  3.11  Psychiatric hospitals                    $1,400
  3.13  Rural health facilities                  $1,100
  3.15  Portable X-ray providers                 $  500
  3.17  Home health agencies                     $1,800
  3.19  Outpatient therapy agencies              $  800
  3.21  End stage renal dialysis providers       $2,100
  3.23  Independent therapists                   $  800
  3.25  Comprehensive rehabilitation             $1,200
  3.26  outpatient facilities
  3.28  Hospice providers                        $1,700
  3.30  Ambulatory surgical providers            $1,800
  3.32  Hospitals                                $4,200
  3.34  Other provider categories or             Actual surveyor costs:
  3.35  additional resurveys required            average surveyor cost x
  3.36  to complete initial certification        number of hours for the
  3.37                                           survey process.
  3.38     These fees shall be submitted at the time of the 
  3.39  application for federal certification and shall not be 
  3.40  refunded.  All fees collected after the date that the imposition 
  3.41  of fees is not prohibited by federal law shall be deposited in 
  3.42  the state treasury and credited to the state government special 
  3.43  revenue fund. 
  3.44     (f) The commissioner may charge fees for the purpose of 
  3.45  hiring inspectors and plan reviewers as authorized under section 
  3.46  326.37, subdivision 1. 
  3.47     Sec. 2.  Minnesota Statutes 1998, section 326.37, 
  3.48  subdivision 1, is amended to read: 
  3.49     Subdivision 1.  [RULES.] The state commissioner of health 
  3.50  may, by rule, prescribe minimum standards which shall be 
  3.51  uniform, and which standards shall thereafter be effective for 
  4.1   all new plumbing installations, including additions, extensions, 
  4.2   alterations, and replacements ~~connected with any water or sewage~~ 
  4.3   ~~disposal system owned or operated by or for any municipality,~~ 
  4.4   ~~institution, factory, office building, hotel, apartment~~ 
  4.5   ~~building, or any other place of business~~ regardless of location 
  4.6   or the population of the city or town in which located.  
  4.7   Notwithstanding the provisions of Minnesota Rules, part 
  4.8   4715.3130, as they apply to review of plans and specifications, 
  4.9   the commissioner may allow plumbing construction, alteration, or 
  4.10  extension to proceed without approval of the plans or 
  4.11  specifications by the commissioner. 
  4.12     The commissioner shall administer the provisions of 
  4.13  sections 326.37 to 326.45 and for such purposes may employ 
  4.14  plumbing inspectors and other assistants. 
  4.15     Sec. 3.  Minnesota Statutes 1998, section 326.37, is 
  4.16  amended by adding a subdivision to read: 
  4.17     Subd. 1a.  [INSPECTION.] Every new plumbing installation 
  4.18  for new construction or addition, regardless of location or the 
  4.19  population of the city or town in which located, shall be 
  4.20  inspected by the commissioner for compliance with accepted 
  4.21  standards of construction for health, safety to life and 
  4.22  property, and compliance with applicable codes.  This 
  4.23  subdivision does not apply where a political subdivision 
  4.24  requires, by ordinance, plumbing inspections similar to the 
  4.25  requirements of this subdivision. 
  4.26     Sec. 4.  Minnesota Statutes 1998, section 326.40, 
  4.27  subdivision 1, is amended to read: 
  4.28     Subdivision 1.  [PLUMBERS MUST BE LICENSED ~~IN CERTAIN~~ 
  4.29  ~~CITIES~~; MASTER AND JOURNEYMAN PLUMBERS; PLUMBING ON ONE'S OWN 
  4.30  PREMISES; RULES FOR EXAMINATION.] In any home rule charter or 
  4.31  statutory city ~~now or hereafter having 5,000 or more population,~~ 
  4.32  ~~according to the last federal census, and having~~ that has a 
  4.33  system of waterworks or sewerage, no person, firm, or 
  4.34  corporation shall engage in or work at the business of a master 
  4.35  plumber, restricted master plumber, or journeyman plumber unless 
  4.36  licensed to do so by the state commissioner of health.  A master 
  5.1   plumber may also work as a journeyman plumber.  Anyone not so 
  5.2   licensed may do plumbing work which complies with the provisions 
  5.3   of the minimum standard prescribed by the state commissioner of 
  5.4   health on premises or that part of premises owned and actually 
  5.5   occupied by the worker as a residence, unless otherwise 
  5.6   forbidden to do so by a local ordinance. 
  5.7      In any such city no person, firm, or corporation shall 
  5.8   engage in the business of installing plumbing nor install 
  5.9   plumbing in connection with the dealing in and selling of 
  5.10  plumbing material and supplies unless at all times a licensed 
  5.11  master plumber or restricted master plumber, who shall be 
  5.12  responsible for proper installation, is in charge of the 
  5.13  plumbing work of the person, firm, or corporation. 
  5.14     The department of health shall prescribe rules, not 
  5.15  inconsistent herewith, for the examination and licensing of 
  5.16  plumbers. 
  5.17     Sec. 5.  [326.4005] [RESTRICTED MASTER PLUMBER'S LICENSE.] 
  5.18     Subdivision 1.  [LICENSURE.] The commissioner shall grant a 
  5.19  restricted master plumber's license to any person who applies to 
  5.20  the commissioner and can provide evidence of having at least two 
  5.21  years of practical plumbing experience in the plumbing 
  5.22  installation trade preceding application for licensure.  A 
  5.23  restricted master plumber's license does not expire and remains 
  5.24  in effect for as long as that person engages in the plumbing 
  5.25  installation trade.  A restricted master plumber's license shall 
  5.26  not be transferred or sold to any other person. 
  5.27     Subd. 2.  [USE OF LICENSE.] A person with a restricted 
  5.28  master plumber's license may engage in the plumbing installation 
  5.29  trade only in cities and towns having a population of fewer than 
  5.30  5,000 according to the last federal census. 
  5.31     Sec. 6.  [REVISOR'S INSTRUCTION.] 
  5.32     The revisor of statutes shall change "326.45" to "326.44" 
  5.33  in Minnesota Statutes, sections 144.99, 326.37, 326.44, 326.61, 
  5.34  and 326.65. 
  5.35     Sec. 7.  [REPEALER.] 
  5.36     Minnesota Statutes 1998, section 326.45, is repealed.