1.1    .................... moves to amend H. F. No. 2241 as follows:
1.2Page 8, after line 16, insert:

1.3    "Sec. 10. Minnesota Statutes 2006, section 103I.101, subdivision 6, is amended to read:
1.4    Subd. 6. Fees for variances. The commissioner shall charge a nonrefundable
1.5application fee of $175 $215 to cover the administrative cost of processing a request for a
1.6variance or modification of rules adopted by the commissioner under this chapter.
1.7EFFECTIVE DATE.This section is effective July 1, 2008.

1.8    Sec. 11. Minnesota Statutes 2006, section 103I.208, subdivision 1, is amended to read:
1.9    Subdivision 1. Well notification fee. The well notification fee to be paid by a
1.10property owner is:
1.11    (1) for a new water supply well, $175 $215, which includes the state core function
1.12fee;
1.13    (2) for a well sealing, $35 $50 for each well, which includes the state core function
1.14fee, except that for monitoring wells constructed on a single property, having depths
1.15within a 25 foot range, and sealed within 48 hours of start of construction, a single fee of
1.16$35 $50; and
1.17    (3) for construction of a dewatering well, $175 $215, which includes the state core
1.18function fee, for each dewatering well except a dewatering project comprising five or
1.19more dewatering wells shall be assessed a single fee of $875 $1,075 for the dewatering
1.20wells recorded on the notification.
1.21EFFECTIVE DATE.This section is effective July 1, 2008.

1.22    Sec. 12. Minnesota Statutes 2006, section 103I.208, subdivision 2, is amended to read:
1.23    Subd. 2. Permit fee. The permit fee to be paid by a property owner is:
1.24    (1) for a water supply well that is not in use under a maintenance permit, $150 $175
1.25annually;
2.1    (2) for construction of a monitoring well, $175 $215, which includes the state
2.2core function fee;
2.3    (3) for a monitoring well that is unsealed under a maintenance permit, $150 $175
2.4annually;
2.5    (4) for monitoring wells used as a leak detection device at a single motor fuel retail
2.6outlet, a single petroleum bulk storage site excluding tank farms, or a single agricultural
2.7chemical facility site, the construction permit fee is $175 $215, which includes the state
2.8core function fee, per site regardless of the number of wells constructed on the site, and
2.9the annual fee for a maintenance permit for unsealed monitoring wells is $150 $175 per
2.10site regardless of the number of monitoring wells located on site;
2.11    (5) for a groundwater thermal exchange device, in addition to the notification fee for
2.12water supply wells, $175 $215, which includes the state core function fee;
2.13    (6) for a vertical heat exchanger, $175 $215;
2.14    (7) for a dewatering well that is unsealed under a maintenance permit, $150 $175
2.15annually for each dewatering well, except a dewatering project comprising more than five
2.16dewatering wells shall be issued a single permit for $750 $875 annually for dewatering
2.17wells recorded on the permit; and
2.18    (8) for an elevator boring, $175 $215 for each boring.
2.19EFFECTIVE DATE.This section is effective July 1, 2008.

2.20    Sec. 13. Minnesota Statutes 2006, section 103I.235, subdivision 1, is amended to read:
2.21    Subdivision 1. Disclosure of wells to buyer. (a) Before signing an agreement to
2.22sell or transfer real property, the seller must disclose in writing to the buyer information
2.23about the status and location of all known wells on the property, by delivering to the buyer
2.24either a statement by the seller that the seller does not know of any wells on the property,
2.25or a disclosure statement indicating the legal description and county, and a map drawn
2.26from available information showing the location of each well to the extent practicable.
2.27In the disclosure statement, the seller must indicate, for each well, whether the well is in
2.28use, not in use, or sealed.
2.29    (b) At the time of closing of the sale, the disclosure statement information, name and
2.30mailing address of the buyer, and the quartile, section, township, and range in which each
2.31well is located must be provided on a well disclosure certificate signed by the seller or a
2.32person authorized to act on behalf of the seller.
2.33    (c) A well disclosure certificate need not be provided if the seller does not know
2.34of any wells on the property and the deed or other instrument of conveyance contains
3.1the statement: "The Seller certifies that the Seller does not know of any wells on the
3.2described real property."
3.3    (d) If a deed is given pursuant to a contract for deed, the well disclosure certificate
3.4required by this subdivision shall be signed by the buyer or a person authorized to act on
3.5behalf of the buyer. If the buyer knows of no wells on the property, a well disclosure
3.6certificate is not required if the following statement appears on the deed followed by the
3.7signature of the grantee or, if there is more than one grantee, the signature of at least one
3.8of the grantees: "The Grantee certifies that the Grantee does not know of any wells on the
3.9described real property." The statement and signature of the grantee may be on the front
3.10or back of the deed or on an attached sheet and an acknowledgment of the statement by
3.11the grantee is not required for the deed to be recordable.
3.12    (e) This subdivision does not apply to the sale, exchange, or transfer of real property:
3.13    (1) that consists solely of a sale or transfer of severed mineral interests; or
3.14    (2) that consists of an individual condominium unit as described in chapters 515
3.15and 515B.
3.16    (f) For an area owned in common under chapter 515 or 515B the association or other
3.17responsible person must report to the commissioner by July 1, 1992, the location and
3.18status of all wells in the common area. The association or other responsible person must
3.19notify the commissioner within 30 days of any change in the reported status of wells.
3.20    (g) For real property sold by the state under section 92.67, the lessee at the time of
3.21the sale is responsible for compliance with this subdivision.
3.22    (h) If the seller fails to provide a required well disclosure certificate, the buyer, or
3.23a person authorized to act on behalf of the buyer, may sign a well disclosure certificate
3.24based on the information provided on the disclosure statement required by this section
3.25or based on other available information.
3.26    (i) A county recorder or registrar of titles may not record a deed or other instrument
3.27of conveyance dated after October 31, 1990, for which a certificate of value is required
3.28under section 272.115, or any deed or other instrument of conveyance dated after October
3.2931, 1990, from a governmental body exempt from the payment of state deed tax, unless
3.30the deed or other instrument of conveyance contains the statement made in accordance
3.31with paragraph (c) or (d) or is accompanied by the well disclosure certificate containing all
3.32the information required by paragraph (b) or (d). The county recorder or registrar of titles
3.33must not accept a certificate unless it contains all the required information. The county
3.34recorder or registrar of titles shall note on each deed or other instrument of conveyance
3.35accompanied by a well disclosure certificate that the well disclosure certificate was
3.36received. The notation must include the statement "No wells on property" if the disclosure
4.1certificate states there are no wells on the property. The well disclosure certificate shall not
4.2be filed or recorded in the records maintained by the county recorder or registrar of titles.
4.3After noting "No wells on property" on the deed or other instrument of conveyance, the
4.4county recorder or registrar of titles shall destroy or return to the buyer the well disclosure
4.5certificate. The county recorder or registrar of titles shall collect from the buyer or the
4.6person seeking to record a deed or other instrument of conveyance, a fee of $40 $45
4.7for receipt of a completed well disclosure certificate. By the tenth day of each month,
4.8the county recorder or registrar of titles shall transmit the well disclosure certificates
4.9to the commissioner of health. By the tenth day after the end of each calendar quarter,
4.10the county recorder or registrar of titles shall transmit to the commissioner of health
4.11$32.50 $37.50 of the fee for each well disclosure certificate received during the quarter.
4.12The commissioner shall maintain the well disclosure certificate for at least six years. The
4.13commissioner may store the certificate as an electronic image. A copy of that image
4.14shall be as valid as the original.
4.15    (j) No new well disclosure certificate is required under this subdivision if the buyer
4.16or seller, or a person authorized to act on behalf of the buyer or seller, certifies on the deed
4.17or other instrument of conveyance that the status and number of wells on the property
4.18have not changed since the last previously filed well disclosure certificate. The following
4.19statement, if followed by the signature of the person making the statement, is sufficient
4.20to comply with the certification requirement of this paragraph: "I am familiar with the
4.21property described in this instrument and I certify that the status and number of wells on
4.22the described real property have not changed since the last previously filed well disclosure
4.23certificate." The certification and signature may be on the front or back of the deed or on
4.24an attached sheet and an acknowledgment of the statement is not required for the deed or
4.25other instrument of conveyance to be recordable.
4.26    (k) The commissioner in consultation with county recorders shall prescribe the form
4.27for a well disclosure certificate and provide well disclosure certificate forms to county
4.28recorders and registrars of titles and other interested persons.
4.29    (l) Failure to comply with a requirement of this subdivision does not impair:
4.30    (1) the validity of a deed or other instrument of conveyance as between the parties
4.31to the deed or instrument or as to any other person who otherwise would be bound by
4.32the deed or instrument; or
4.33    (2) the record, as notice, of any deed or other instrument of conveyance accepted for
4.34filing or recording contrary to the provisions of this subdivision.

4.35    Sec. 14. Minnesota Statutes 2006, section 144.123, is amended to read:
5.1144.123 FEES FOR DIAGNOSTIC LABORATORY SERVICES;
5.2EXCEPTIONS.
5.3    Subdivision 1. Who must pay. Except for the limitation contained in this section,
5.4the commissioner of health shall charge a handling fee for each specimen submitted to
5.5the Department of Health for analysis for diagnostic purposes by any hospital, private
5.6laboratory, private clinic, or physician. No fee shall be charged to any entity which
5.7receives direct or indirect financial assistance from state or federal funds administered by
5.8the Department of Health, including any public health department, nonprofit community
5.9clinic, venereal sexually transmitted disease clinic, family planning clinic, or similar
5.10entity. No fee will be charged for any biological materials submitted to the Department
5.11of Health as a requirement of Minnesota Rules, part 4605.7040, or for those biological
5.12materials requested by the department to gather information for disease prevention or
5.13control purposes. The commissioner of health may establish by rule other exceptions to
5.14the handling fee as may be necessary to gather information for epidemiologic purposes
5.15protect the public's health. All fees collected pursuant to this section shall be deposited in
5.16the state treasury and credited to the state government special revenue fund.
5.17    Subd. 2. Rules for Fee amounts. The commissioner of health shall promulgate
5.18rules, in accordance with chapter 14, which shall specify the amount of the charge a
5.19handling fee prescribed in subdivision 1. The fee shall approximate the costs to the
5.20department of handling specimens including reporting, postage, specimen kit preparation,
5.21and overhead costs. The fee prescribed in subdivision 1 shall be $15 $25 per specimen
5.22until the commissioner promulgates rules pursuant to this subdivision.

5.23    Sec. 15. Minnesota Statutes 2006, section 144.125, is amended to read:
5.24144.125 TESTS OF INFANTS FOR HERITABLE AND CONGENITAL
5.25DISORDERS.
5.26    Subdivision 1. Duty to perform testing. It is the duty of (1) the administrative
5.27officer or other person in charge of each institution caring for infants 28 days or less
5.28of age, (2) the person required in pursuance of the provisions of section 144.215,
5.29to register the birth of a child, or (3) the nurse midwife or midwife in attendance at
5.30the birth, to arrange to have administered to every infant or child in its care tests for
5.31heritable and congenital disorders according to subdivision 2 and rules prescribed by
5.32the state commissioner of health. Testing and the recording and reporting of test results
5.33shall be performed at the times and in the manner prescribed by the commissioner of
5.34health. The commissioner shall charge laboratory service fees a fee so that the total of
5.35fees collected will approximate the costs of conducting the tests and implementing and
5.36maintaining a system to follow-up infants with heritable or congenital disorders. The
6.1laboratory service fee is $61 $81 per specimen. Costs associated with capital expenditures
6.2and the development of new procedures may be prorated over a three-year period when
6.3calculating the amount of the fees.
6.4    Subd. 2. Determination of tests to be administered. The commissioner shall
6.5periodically revise the list of tests to be administered for determining the presence of a
6.6heritable or congenital disorder. Revisions to the list shall reflect advances in medical
6.7science, new and improved testing methods, or other factors that will improve the public
6.8health. In determining whether a test must be administered, the commissioner shall take
6.9into consideration the adequacy of laboratory analytical methods to detect the heritable
6.10or congenital disorder, the ability to treat or prevent medical conditions caused by the
6.11heritable or congenital disorder, and the severity of the medical conditions caused by the
6.12heritable or congenital disorder. The list of tests to be performed may be revised if the
6.13changes are recommended by the advisory committee established under section 144.1255,
6.14approved by the commissioner, and published in the State Register. The revision is
6.15exempt from the rulemaking requirements in chapter 14, and sections 14.385 and 14.386
6.16do not apply.
6.17    Subd. 3. Objection of parents to test. Persons with a duty to perform testing under
6.18subdivision 1 shall advise parents of infants (1) that the blood or tissue samples used to
6.19perform testing thereunder as well as the results of such testing may be retained by the
6.20Department of Health, (2) the benefit of retaining the blood or tissue sample, and (3) that
6.21the following options are available to them with respect to the testing: (i) to decline to
6.22have the tests, or (ii) to elect to have the tests but to require that all blood samples and
6.23records of test results be destroyed within 24 months of the testing. If the parents of
6.24an infant object in writing to testing for heritable and congenital disorders or elect to
6.25require that blood samples and test results be destroyed, the objection or election shall
6.26be recorded on a form that is signed by a parent or legal guardian and made part of the
6.27infant's medical record. A written objection exempts an infant from the requirements of
6.28this section and section 144.128.

6.29    Sec. 16. REPEALER.
6.30Laws 2004, chapter 288, article 6, section 27, is repealed."
6.31Renumber the sections in sequence and correct the internal references
6.32Amend the title accordingly