1.1 	A bill for an act
1.2 	relating to direct care and treatment; establishing a commissioner and the 
1.3 	Department of Direct Care and Treatment; repealing the direct care and treatment 
1.4 	executive board; establishing the Advisory Council on Direct Care and Treatment; 
1.5 	repealing an advisory committee;amending Minnesota Statutes 2024, sections 
1.6 	10.65, subdivision 2; 15.01; 15.06, subdivision 1; 15A.0815, subdivision 2; 
1.7 	15A.082, subdivisions 1, 3, 7; 43A.08, subdivisions 1, 1a; 43A.241; 245.021; 
1.8 	245.073; 246.13, subdivision 1; 246B.01, by adding a subdivision; 246C.01; 
1.9 	246C.015, subdivision 3, by adding a subdivision; 246C.02, subdivision 1; 246C.04, 
1.10 	subdivisions 2, 3; 246C.07, subdivisions 1, 2, 8; 246C.08; 246C.09, subdivision 
1.11 	3; 246C.091, subdivisions 2, 3, 4; 252.021, by adding a subdivision; 252.50, 
1.12 	subdivision 5; 253.195, by adding a subdivision; 253B.02, subdivisions 3, 4c, by 
1.13 	adding a subdivision; 253B.03, subdivision 7; 253B.041, subdivision 4; 253B.09, 
1.14 	subdivision 3a; 253B.18, subdivision 6; 253B.19, subdivision 2; 253B.20, 
1.15 	subdivision 2; 253D.02, subdivision 3, by adding a subdivision; 254B.05, 
1.16 	subdivision 4; 256.045, subdivisions 6, 7, by adding a subdivision; 256G.09, 
1.17 	subdivision 3; 352.91, subdivisions 2a, 3c, 3d, 4a; 524.3-801; 611.57, subdivision 
1.18 	2; Laws 2024, chapter 127, article 50, section 41, subdivision 2; proposing coding 
1.19 	for new law in Minnesota Statutes, chapter 246C; repealing Minnesota Statutes 
1.20 	2024, sections 246B.01, subdivision 2; 246C.015, subdivisions 5a, 6; 246C.06, 
1.21 	subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10; 246C.07, subdivisions 4, 5; 252.021, 
1.22 	subdivision 2; 253.195, subdivision 2; 253B.02, subdivision 7b; 253D.02, 
1.23 	subdivision 7a; 254B.01, subdivision 15; 256.045, subdivision 1a; 256G.02, 
1.24 	subdivision 5a; Laws 2024, chapter 79, article 1, section 20; Laws 2024, chapter 
1.25 	125, article 5, sections 40; 41; Laws 2024, chapter 127, article 50, sections 40; 41, 
1.26 	subdivisions 1, 3.
1.27 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.28 	ARTICLE 1
1.29 	COMMISSIONER OF DIRECT CARE AND TREATMENT

1.30 	Section 1. Minnesota Statutes 2024, section 10.65, subdivision 2, is amended to read:
1.31 		Subd. 2.Definitions. As used in this section, the following terms have the meanings 
1.32 	given:
2.1 	(1) "agency" means the Department of Administration; Department of Agriculture; 
2.2 	Department of Children, Youth, and Families; Department of Commerce; Department of 
2.3 	Corrections; Department of Direct Care and Treatment; Department of Education; Department 
2.4 	of Employment and Economic Development; Department of Health; Office of Higher 
2.5 	Education; Housing Finance Agency; Department of Human Rights; Department of Human 
2.6 	Services; Department of Information Technology Services; Department of Iron Range 
2.7 	Resources and Rehabilitation; Department of Labor and Industry; Minnesota Management 
2.8 	and Budget; Bureau of Mediation Services; Department of Military Affairs; Metropolitan 
2.9 	Council; Department of Natural Resources; Pollution Control Agency; Department of Public 
2.10 	Safety; Department of Revenue; Department of Transportation; Department of Veterans 
2.11 	Affairs; Direct Care and Treatment; Gambling Control Board; Racing Commission; the 
2.12 	Minnesota Lottery; the Animal Health Board; the Public Utilities Commission; and the 
2.13 	Board of Water and Soil Resources;
2.14 	(2) "consultation" means the direct and interactive involvement of the Minnesota Tribal 
2.15 	governments in the development of policy on matters that have Tribal implications. 
2.16 	Consultation is the proactive, affirmative process of identifying and seeking input from 
2.17 	appropriate Tribal governments and considering their interest as a necessary and integral 
2.18 	part of the decision-making process. This definition adds to statutorily mandated notification 
2.19 	procedures. During a consultation, the burden is on the agency to show that it has made a 
2.20 	good faith effort to elicit feedback. Consultation is a formal engagement between agency 
2.21 	officials and the governing body or bodies of an individual Minnesota Tribal government 
2.22 	that the agency or an individual Tribal government may initiate. Formal meetings or 
2.23 	communication between top agency officials and the governing body of a Minnesota Tribal 
2.24 	government is a necessary element of consultation;
2.25 	(3) "matters that have Tribal implications" means rules, legislative proposals, policy 
2.26 	statements, or other actions that have substantial direct effects on one or more Minnesota 
2.27 	Tribal governments, or on the distribution of power and responsibilities between the state 
2.28 	and Minnesota Tribal governments;
2.29 	(4) "Minnesota Tribal governments" means the federally recognized Indian Tribes located 
2.30 	in Minnesota including: Bois Forte Band; Fond Du Lac Band; Grand Portage Band; Leech 
2.31 	Lake Band; Mille Lacs Band; White Earth Band; Red Lake Nation; Lower Sioux Indian 
2.32 	Community; Prairie Island Indian Community; Shakopee Mdewakanton Sioux Community; 
2.33 	and Upper Sioux Community; and
3.1 	(5) "timely and meaningful" means done or occurring at a favorable or useful time that 
3.2 	allows the result of consultation to be included in the agency's decision-making process for 
3.3 	a matter that has Tribal implications.

3.4 	Sec. 2. Minnesota Statutes 2024, section 15.01, is amended to read:
3.5 	15.01 DEPARTMENTS OF THE STATE.
3.6 	The following agencies are designated as the departments of the state government: the 
3.7 	Department of Administration; the Department of Agriculture; the Department of Children, 
3.8 	Youth, and Families; the Department of Commerce; the Department of Corrections; the 
3.9 	Department of Direct Care and Treatment; the Department of Education; the Department 
3.10 	of Employment and Economic Development; the Department of Health; the Department of 
3.11 	Human Rights; the Department of Human Services; the Department of Information 
3.12 	Technology Services; the Department of Iron Range Resources and Rehabilitation; the 
3.13 	Department of Labor and Industry; the Department of Management and Budget; the 
3.14 	Department of Military Affairs; the Department of Natural Resources; the Department of 
3.15 	Public Safety; the Department of Revenue; the Department of Transportation; the Department 
3.16 	of Veterans Affairs; and their successor departments.

3.17 	Sec. 3. Minnesota Statutes 2024, section 15.06, subdivision 1, is amended to read:
3.18 		Subdivision 1.Applicability. This section applies to the following departments or 
3.19 	agencies: the Departments of Administration; Agriculture; Children, Youth, and Families; 
3.20 	Commerce; Corrections; Direct Care and Treatment; Education; Employment and Economic 
3.21 	Development; Health; Human Rights; Human Services; Iron Range Resources and 
3.22 	Rehabilitation; Labor and Industry; Management and Budget; Natural Resources; Public 
3.23 	Safety; Revenue; Transportation; and Veterans Affairs; the Housing Finance and Pollution 
3.24 	Control Agencies; the Department of Information Technology Services; the Bureau of 
3.25 	Mediation Services; and their successor departments and agencies. The heads of the foregoing 
3.26 	departments or agencies are "commissioners."

3.27 	Sec. 4. Minnesota Statutes 2024, section 43A.241, is amended to read:
3.28 	43A.241 INSURANCE CONTRIBUTIONS; FORMER EMPLOYEES.
3.29 	(a) This section applies to a person who:
3.30 	(1) was employed by the commissioner of corrections, the commissioner of human 
3.31 	services, or the commissioner of direct care and treatment executive board;
4.1 	(2) was covered by the correctional employee retirement plan under section 352.91 or 
4.2 	the general state employees retirement plan of the Minnesota State Retirement System as 
4.3 	defined in section 352.021;
4.4 	(3) while employed under clause (1), was assaulted by:
4.5 	(i) a person under correctional supervision for a criminal offense; or
4.6 	(ii) a client or patient at the Minnesota Sex Offender Program, or at a state-operated 
4.7 	forensic services program as defined in section 352.91, subdivision 3j; and
4.8 	(4) as a direct result of the assault under clause (3), was determined to be totally and 
4.9 	permanently physically disabled under laws governing the Minnesota State Retirement 
4.10 	System.
4.11 	(b) For a person to whom this section applies, the commissioner of corrections, the 
4.12 	commissioner of human services, or the commissioner of direct care and treatment executive 
4.13 	board, using existing budget resources, must continue to make the employer contribution 
4.14 	for medical and dental benefits under the State Employee Group Insurance Program after 
4.15 	the person terminates state service. If the person had dependent coverage at the time of 
4.16 	terminating state service, employer contributions for dependent coverage also must continue 
4.17 	under this section. The employer contributions must be in the amount of the employer 
4.18 	contribution for active state employees at the time each payment is made. The employer 
4.19 	contributions must continue until the person reaches age 65, provided the person makes the 
4.20 	required employee contributions, in the amount required of an active state employee, at the 
4.21 	time and in the manner specified by the commissioner or executive board.

4.22 	Sec. 5. Minnesota Statutes 2024, section 246C.01, is amended to read:
4.23 	246C.01 TITLE.
4.24 	This chapter may be cited as the "Department of Direct Care and Treatment Act."

4.25 	Sec. 6. Minnesota Statutes 2024, section 246C.015, subdivision 3, is amended to read:
4.26 		Subd. 3.Commissioner. "Commissioner" means the commissioner of human services
4.27 	direct care and treatment.

4.28 	Sec. 7. Minnesota Statutes 2024, section 246C.015, is amended by adding a subdivision 
4.29 	to read:
4.30 		Subd. 5b.Department. "Department" means the Department of Direct Care and 
4.31 	Treatment.

5.1 	Sec. 8. Minnesota Statutes 2024, section 246C.02, subdivision 1, is amended to read:
5.2 		Subdivision 1.Establishment. The Department of Direct Care and Treatment is created 
5.3 	as an agency headed by an executive board established.

5.4 	Sec. 9. Minnesota Statutes 2024, section 246C.04, subdivision 2, is amended to read:
5.5 		Subd. 2.Transfer of custody of civilly committed persons. The commissioner of 
5.6 	human services shall continue to exercise all authority and responsibility for and retain 
5.7 	custody of persons subject to civil commitment under chapter 253B or 253D until July 1, 
5.8 	2025. Effective July 1, 2025, custody of persons subject to civil commitment under chapter 
5.9 	253B or 253D and in the custody of the commissioner of human services as of that date is 
5.10 	hereby transferred to the executive board commissioner without any further act or proceeding. 
5.11 	Authority and responsibility for the commitment of such persons is transferred to the 
5.12 	executive board commissioner July 1, 2025.

5.13 	Sec. 10. Minnesota Statutes 2024, section 246C.04, subdivision 3, is amended to read:
5.14 		Subd. 3.Control of direct care and treatment. The commissioner of human services 
5.15 	shall continue to exercise all authorities and responsibilities under this chapter and chapters 
5.16 	13, 245, 246, 246B, 252, 253, 253B, 253C, 253D, 254A, 254B, and 256, with reference to 
5.17 	any state-operated service, program, or facility subject to transfer under Laws 2024, chapter 
5.18 	79; Laws 2024, chapter 125, article 5; and Laws 2024, chapter 127, article 50, until July 1, 
5.19 	2025. Effective July 1, 2025, the powers and duties vested in or imposed upon the 
5.20 	commissioner of human services with reference to any state-operated service, program, or 
5.21 	facility are hereby transferred to, vested in, and imposed upon the executive board
5.22 	commissioner according to this chapter and applicable state law. Effective July 1, 2025, the 
5.23 	executive board commissioner has the exclusive power of administration and management 
5.24 	of all state hospitals for persons with a developmental disability, mental illness, or substance 
5.25 	use disorder. Effective July 1, 2025, the executive board commissioner has the power and 
5.26 	authority to determine all matters relating to the development of all of the foregoing 
5.27 	institutions and of such other institutions vested in the executive board commissioner. 
5.28 	Effective July 1, 2025, the powers, functions, and authority vested in the commissioner of 
5.29 	human services relative to such state institutions are transferred to the executive board
5.30 	commissioner according to this chapter and applicable state law.

6.1 	Sec. 11. Minnesota Statutes 2024, section 246C.07, subdivision 1, is amended to read:
6.2 		Subdivision 1.Generally. (a) The executive board commissioner must operate the 
6.3 	agency department according to this chapter and applicable state and federal law. The overall 
6.4 	management and control of the agency department is vested in the executive board
6.5 	commissioner in accordance with this chapter.
6.6 	(b) The executive board commissioner must appoint a chief executive officer according 
6.7 	to section 246C.08. The chief executive officer is responsible for the administrative and 
6.8 	operational duties of the Department of Direct Care and Treatment in accordance with this 
6.9 	chapter and serves as the deputy commissioner for the purposes of section 15.06 and as 
6.10 	deputy agency head for the purposes of section 43A.08.
6.11 	(c) The executive board commissioner may delegate duties imposed by this chapter and 
6.12 	under applicable state and federal law as deemed appropriate by the board commissioner
6.13 	and in accordance with this chapter. Any delegation of a specified statutory duty or power 
6.14 	to an employee of the Department of Direct Care and Treatment other than the chief executive 
6.15 	officer must be made by written order and filed with the secretary of state. Only the chief 
6.16 	executive officer shall have the powers and duties of the executive board commissioner as 
6.17 	specified in section 246C.08.

6.18 	Sec. 12. Minnesota Statutes 2024, section 246C.07, subdivision 2, is amended to read:
6.19 		Subd. 2.Principles. The executive board commissioner, in undertaking its the 
6.20 	commissioner's duties and responsibilities and within the Department of Direct Care and 
6.21 	Treatment resources, shall act according to the following principles:
6.22 	(1) prevent the waste or unnecessary spending of public money;
6.23 	(2) use innovative fiscal and human resource practices to manage the state's resources 
6.24 	and operate the agency department as efficiently as possible;
6.25 	(3) coordinate Department of Direct Care and Treatment activities wherever appropriate 
6.26 	with the activities of other governmental agencies;
6.27 	(4) use technology where appropriate to increase agency department productivity, improve 
6.28 	customer service, increase public access to information about government, and increase 
6.29 	public participation in the business of government; and
6.30 	(5) utilize constructive and cooperative labor management practices to the extent 
6.31 	otherwise required by chapter 43A or 179A.

7.1 	Sec. 13. Minnesota Statutes 2024, section 246C.07, subdivision 8, is amended to read:
7.2 		Subd. 8.Biennial estimates; suggestions for legislation. The executive board
7.3 	commissioner shall prepare, for the use of the legislature, biennial estimates of appropriations 
7.4 	necessary or expedient to be made for the support of the institutions and for extraordinary 
7.5 	and special expenditures for buildings and other improvements. The executive board
7.6 	commissioner shall make suggestions relative to legislation for the benefit of the institutions. 
7.7 	The executive board commissioner shall report the estimates and suggestions to the legislature 
7.8 	on or before November 15 in each even-numbered year. A designee of the executive board
7.9 	The commissioner on request shall appear before any legislative committee and furnish any 
7.10 	required information in regard to the condition of any such institution.

7.11 	Sec. 14. [246C.075] ADVISORY COUNCIL ON DIRECT CARE AND TREATMENT.
7.12 		Subdivision 1.Establishment. An Advisory Council on Direct Care and Treatment is 
7.13 	established.
7.14 		Subd. 2.Membership. (a) The Advisory Council on Direct Care and Treatment must 
7.15 	consist of no more than 15 members appointed as provided in section 15.0597. The advisory 
7.16 	council must include:
7.17 	(1) one member who is a licensed physician with experience serving behavioral health 
7.18 	patients or a licensed psychiatrist, appointed by the commissioner;
7.19 	(2) two members with executive management experience at a hospital or health care 
7.20 	system, or experience serving on the board of a hospital or health care system, appointed 
7.21 	by the commissioner;
7.22 	(3) three members, each appointed by the commissioner, who have experience working:
7.23 	(i) in the delivery of behavioral health services;
7.24 	(ii) in care coordination;
7.25 	(iii) in traditional healing practices;
7.26 	(iv) as a licensed health care professional;
7.27 	(v) within health care administration; or
7.28 	(vi) with residential services;
7.29 	(4) one member appointed by the Association of Counties;
7.30 	(5) one member who has an active role as a union representative representing staff at 
7.31 	the Department of Direct Care and Treatment appointed by joint representatives of the 
8.1 	following unions: American Federation of State, County, and Municipal Employees 
8.2 	(AFSCME); Minnesota Association of Professional Employees (MAPE); Minnesota Nurses 
8.3 	Association (MNA); Middle Management Association (MMA); and State Residential 
8.4 	Schools Education Association (SRSEA);
8.5 	(6) one member appointed by the National Alliance on Mental Illness Minnesota;
8.6 	(7) two members representing people with lived experience being served by state-operated 
8.7 	treatment programs or their families, appointed by the commissioner;
8.8 	(8) one member appointed by the Minnesota Disability Law Center; and
8.9 	(9) up to three additional members appointed by the commissioner reflecting community 
8.10 	interests or perspectives the commissioner deems valuable.
8.11 	(b) Membership on the advisory council must include representation from outside the 
8.12 	seven-county metropolitan area, as defined in section 473.121, subdivision 2.
8.13 	(c) Appointing authorities under paragraph (a) must make initial appointments by 
8.14 	September 1, 2025.
8.15 		Subd. 3.Terms; compensation; removal; vacancies; expiration. (a) The membership 
8.16 	terms, compensation, removal of members, and filling of vacancies of members are as 
8.17 	provided in section 15.059, except that council members shall not receive a per diem.
8.18 	(b) The advisory council does not expire.
8.19 		Subd. 4.Meetings. (a) The members of the advisory council shall elect a chair from 
8.20 	among their membership at the first meeting and annually thereafter or upon a vacancy in 
8.21 	the chair. The advisory council shall meet at the call of the commissioner, the call of the 
8.22 	chair, or upon the call of a majority of members.
8.23 	(b) The first meeting of the advisory council must be held no later than September 15, 
8.24 	2025.
8.25 		Subd. 5.Duties. The advisory council shall advise the commissioner regarding the 
8.26 	operations of the Department of Direct Care and Treatment, the clinical standards of care 
8.27 	for patients and clients of state-operated programs, and provide recommendations to the 
8.28 	commissioner for improving the department's role in the state's mental health care system.

9.1 	Sec. 15. Minnesota Statutes 2024, section 246C.08, is amended to read:
9.2 	246C.08 CHIEF EXECUTIVE OFFICER; SERVICE; DUTIES.
9.3 		Subdivision 1.Service. (a) The direct care and treatment chief executive officer is 
9.4 	appointed by the executive board, in consultation with the governor, and serves at the 
9.5 	pleasure of the executive board, with the advice and consent of the senate commissioner, 
9.6 	and is the deputy commissioner for the purposes of section 15.06.
9.7 	(b) The chief executive officer shall serve in the unclassified service in accordance with 
9.8 	section 43A.08. The Compensation Council under section 15A.082 shall establish the salary 
9.9 	of the chief executive officer.
9.10 		Subd. 2.Powers and duties. (a) The chief executive officer's primary duty is to assist 
9.11 	the executive board commissioner. The chief executive officer is responsible for the 
9.12 	administrative and operational management of the agency.
9.13 	(b) The chief executive officer shall have all the powers of the executive board unless 
9.14 	the executive board directs otherwise. The chief executive officer shall have the authority 
9.15 	to speak for the executive board and Direct Care and Treatment within and outside the 
9.16 	agency.
9.17 	(c) (b) In the event that a vacancy occurs for any reason within the chief executive officer 
9.18 	position, the executive medical director appointed under section 246C.09 shall immediately 
9.19 	become the temporary chief executive officer until the executive board commissioner
9.20 	appoints a new chief executive officer. During this period, the executive medical director 
9.21 	shall have all the powers and authority delegated to the chief executive officer by the board
9.22 	commissioner and specified in this chapter.
9.23 		Subd. 3.Minimum qualifications. The chief executive officer must be selected by the 
9.24 	commissioner without regard to political affiliation and must have wide and successful 
9.25 	administrative experience in and understanding of health care, preferably behavioral health 
9.26 	care, including clinical and operational needs of a large health care service and delivery 
9.27 	organization.

9.28 	Sec. 16. Minnesota Statutes 2024, section 246C.09, subdivision 3, is amended to read:
9.29 		Subd. 3.Duties. The executive medical director shall:
9.30 	(1) oversee the clinical provision of inpatient mental health services provided in the 
9.31 	state's regional treatment centers;
10.1 	(2) recruit and retain psychiatrists to serve on the Direct Care and Treatment department
10.2 	medical staff established in subdivision 4;
10.3 	(3) consult with the executive board, the chief executive officer, commissioner, the chief 
10.4 	executive officer, and community mental health center directors to develop standards for 
10.5 	treatment and care of patients in state-operated service programs;
10.6 	(4) develop and oversee a continuing education program for members of the medical 
10.7 	staff; and
10.8 	(5) participate and cooperate in the development and maintenance of a quality assurance 
10.9 	program for state-operated services that assures that residents receive continuous quality 
10.10 	inpatient, outpatient, and postdischarge care.

10.11 	Sec. 17. Minnesota Statutes 2024, section 246C.091, subdivision 2, is amended to read:
10.12 		Subd. 2.Facilities management account. A facilities management account is created 
10.13 	in the special revenue fund of the state treasury. Beginning July 1, 2025, money in the 
10.14 	account is appropriated to the commissioner of direct care and treatment executive board
10.15 	and may be used to maintain buildings, acquire facilities, renovate existing buildings, or 
10.16 	acquire land for the design and construction of buildings for Direct Care and Treatment
10.17 	department use. Money received for maintaining state property under control of the executive 
10.18 	board commissioner may be deposited into this account.

10.19 	Sec. 18. Minnesota Statutes 2024, section 246C.091, subdivision 3, is amended to read:
10.20 		Subd. 3.Direct care and treatment systems account. (a) The direct care and treatment 
10.21 	systems account is created in the special revenue fund of the state treasury. Beginning July 
10.22 	1, 2025, money in the account is appropriated to the commissioner of direct care and 
10.23 	treatment executive board and may be used for security systems and information technology 
10.24 	projects, services, and support under the control of the executive board commissioner.
10.25 	(b) The commissioner of human services shall transfer all money allocated to the direct 
10.26 	care and treatment systems projects under section 256.014 to the direct care and treatment 
10.27 	systems account under this section by June 30, 2026.

10.28 	Sec. 19. Minnesota Statutes 2024, section 246C.091, subdivision 4, is amended to read:
10.29 		Subd. 4.Cemetery maintenance account. The cemetery maintenance account is created 
10.30 	in the special revenue fund of the state treasury. Money in the account is appropriated to 
10.31 	the executive board commissioner of direct care and treatment for the maintenance of 
11.1 	cemeteries under control of the executive board commissioner. Money allocated to Direct 
11.2 	Care and Treatment department cemeteries may be transferred to this account.

11.3 	Sec. 20. Laws 2024, chapter 127, article 50, section 41, subdivision 2, is amended to read:
11.4 		Subd. 2.Chief executive officer. (a) The commissioner of direct care and treatment 
11.5 	executive board must appoint as the initial chief executive officer for direct care and treatment 
11.6 	under Minnesota Statutes, section 246C.07 246C.08, the chief executive officer of the direct 
11.7 	care and treatment division of the Department of Human Services holding that position at 
11.8 	the time the initial appointment is made by the board commissioner. The initial appointment 
11.9 	of the chief executive officer must be made by the executive board commissioner by July 
11.10 	1, 2025. The initial appointment of the chief executive officer is subject to confirmation by 
11.11 	the senate.
11.12 	(b) In its report issued April 1, 2025, the Compensation Council under Minnesota Statutes, 
11.13 	section 15A.082, must establish the salary of the chief executive officer at an amount equal 
11.14 	to or greater than the amount paid to the chief executive officer of the direct care and 
11.15 	treatment division of the Department of Human Services as of the date of initial appointment. 
11.16 	The salary of the chief executive officer shall become effective July 1, 2025, pursuant to 
11.17 	Minnesota Statutes, section 15A.082, subdivision 3. Notwithstanding Minnesota Statutes, 
11.18 	sections 15A.082 and 246C.08, subdivision 1, if the initial appointment of the chief executive 
11.19 	officer occurs prior to the effective date of the salary specified by the Compensation Council 
11.20 	in its April 1, 2025, report, the salary of the chief executive officer must equal the amount 
11.21 	paid to the chief executive officer of the direct care and treatment division of the Department 
11.22 	of Human Services as of the date of initial appointment.

11.23 	Sec. 21. INITIAL APPOINTMENT OF COMMISSIONER OF DIRECT CARE 
11.24 	AND TREATMENT.
 11.25 	The initial appointment of a commissioner of direct care and treatment or initial 
11.26 	designation of a temporary commissioner of direct care and treatment by the governor under 
11.27 	Minnesota Statutes, section 15.06, must be made by July 1, 2025. Notwithstanding Minnesota 
11.28 	Statutes, section 15.066, subdivision 2, clause (4), the initial appointment of a commissioner 
11.29 	of direct care and treatment or initial designation of a temporary commissioner of direct 
11.30 	care and treatment is effective no earlier than July 1, 2025.

12.1 	Sec. 22. SALARY FOR THE COMMISSIONER OF THE DEPARTMENT OF 
12.2 	DIRECT CARE AND TREATMENT.
 12.3 	If the initial appointment of the commissioner of the Department of Direct Care and 
12.4 	Treatment occurs prior to the commissioner's salary being determined by the Compensation 
12.5 	Council under Minnesota Statutes, section 15A.082, the commissioner's salary must equal 
12.6 	the salary of the chief executive officer of direct care and treatment, as determined under 
12.7 	Minnesota Statutes, section 15A.0815, subdivision 2.

12.8 	EFFECTIVE DATE. This section is effective the day following final enactment and 
12.9 	expires upon adoption by the Compensation Council of a salary for the position of 
12.10 	commissioner of the Department of Direct Care and Treatment.

12.11 	Sec. 23. DISSOLUTION OF THE DIRECT CARE AND TREATMENT EXECUTIVE 
12.12 	BOARD.
 12.13 		Subdivision 1.Dissolution of executive board. Upon the effective date of this section, 
12.14 	the direct care and treatment executive board under Minnesota Statutes, section 246C.06, 
12.15 	is dissolved.
12.16 		Subd. 2.Transfer of duties. (a) Any authorities and responsibilities that were vested 
12.17 	in the executive board prior to July 1, 2025, are transferred to the commissioner of human 
12.18 	services. Minnesota Statutes, section 15.039, applies to the transfer of responsibilities from 
12.19 	the direct care and treatment executive board to the commissioner of human services between 
12.20 	the effective date of this section and July 1, 2025.
12.21 	(b) Minnesota Statutes, section 246C.04, governs the transfer of authority and 
12.22 	responsibility on July 1, 2025, from the commissioner of human services to the commissioner 
12.23 	of direct care and treatment.

12.24 	Sec. 24. REVISOR INSTRUCTION.
 12.25 	(a) The revisor of statutes shall change the term "Direct Care and Treatment" to "the 
12.26 	Department of Direct Care and Treatment" and "agency" to "department" wherever the 
12.27 	terms appear in respect to the governmental entity with programmatic direction and fiscal 
12.28 	control over state-operated services, programs, or facilities under Minnesota Statutes, chapter 
12.29 	246C. The revisor may make technical and other necessary changes to sentence structure 
12.30 	to preserve the meaning of the text.
12.31 	(b) The revisor of statutes shall change the term "executive board" to "commissioner" 
12.32 	and "Direct Care and Treatment executive board" to "commissioner of direct care and 
13.1 	treatment" wherever the terms appear in respect to the head of the governmental entity with 
13.2 	programmatic direction and fiscal control over state-operated services, programs, or facilities 
13.3 	under Minnesota Statutes, chapter 246C. The revisor may make technical and other necessary 
13.4 	changes to sentence structure to preserve the meaning of the text.

13.5 	Sec. 25. REVISOR INSTRUCTION.
 13.6 	The revisor of statutes, in consultation with the House Research Department; the Office 
13.7 	of Senate Counsel, Research and Fiscal Analysis; the Department of Human Services; and 
13.8 	the Department of Direct Care and Treatment, shall make necessary cross-reference changes 
13.9 	to conform with this act. The revisor may make technical and other necessary changes to 
13.10 	sentence structure to preserve the meaning of the text. The revisor may alter the coding in 
13.11 	this act to incorporate statutory changes made by other law in the 2025 regular legislative 
13.12 	session.

13.13 	Sec. 26. REVISOR INSTRUCTION.
 13.14 	The revisor of statutes shall renumber Minnesota Statutes, section 246C.06, subdivision 
13.15 	11, as Minnesota Statutes, section 246C.07, subdivision 4a, and correct all cross-references.

13.16 	Sec. 27. REPEALER.
 13.17 	(a) Minnesota Statutes 2024, sections 246C.015, subdivisions 5a and 6; 246C.06, 
13.18 	subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10; and 246C.07, subdivisions 4 and 5, are repealed.
13.19 	(b) Laws 2024, chapter 79, article 1, section 20, is repealed.
13.20 	(c) Laws 2024, chapter 125, article 5, sections 40; and 41; and Laws 2024, chapter 127, 
13.21 	article 50, sections 40; and 41, subdivisions 1, and 3, are repealed retroactive to July 1, 
13.22 	2024.

13.23 	Sec. 28. EFFECTIVE DATE.
 13.24 	This article is effective the day following final enactment.

13.25 	ARTICLE 2
13.26 	CONFORMING CHANGES

13.27 	Section 1. Minnesota Statutes 2024, section 15A.0815, subdivision 2, is amended to read:
13.28 		Subd. 2.Agency head salaries. The salary for a position listed in this subdivision shall 
13.29 	be determined by the Compensation Council under section 15A.082. The commissioner of 
14.1 	management and budget must publish the salaries on the department's website. This 
14.2 	subdivision applies to the following positions:
14.3 	Commissioner of administration;
14.4 	Commissioner of agriculture;
14.5 	Commissioner of education;
14.6 	Commissioner of children, youth, and families;
14.7 	Commissioner of commerce;
14.8 	Commissioner of corrections;
14.9 	Commissioner of health;
14.10 	Commissioner, Minnesota Office of Higher Education;
14.11 	Commissioner, Minnesota IT Services;
14.12 	Commissioner, Housing Finance Agency;
14.13 	Commissioner of human rights;
14.14 	Commissioner of human services;
14.15 	Commissioner of labor and industry;
14.16 	Commissioner of management and budget;
14.17 	Commissioner of natural resources;
14.18 	Commissioner, Pollution Control Agency;
14.19 	Commissioner of public safety;
14.20 	Commissioner of revenue;
14.21 	Commissioner of employment and economic development;
14.22 	Commissioner of transportation;
14.23 	Commissioner of veterans affairs;
14.24 	Commissioner of direct care and treatment;
14.25 	Executive director of the Gambling Control Board;
14.26 	Executive director of the Minnesota State Lottery;
14.27 	Executive director of the Office of Cannabis Management;
15.1 	Commissioner of Iron Range resources and rehabilitation;
15.2 	Commissioner, Bureau of Mediation Services;
15.3 	Ombudsman for mental health and developmental disabilities;
15.4 	Ombudsperson for corrections;
15.5 	Chair, Metropolitan Council;
15.6 	Chair, Metropolitan Airports Commission;
15.7 	School trust lands director;
15.8 	Executive director of pari-mutuel racing;
15.9 	Commissioner, Public Utilities Commission;
15.10 	Chief Executive Officer, Direct Care and Treatment; and
15.11 	Director of the Office of Emergency Medical Services.

15.12 	Sec. 2. Minnesota Statutes 2024, section 15A.082, subdivision 1, is amended to read:
15.13 		Subdivision 1.Creation. A Compensation Council is created each odd-numbered year 
15.14 	to establish the compensation of constitutional officers and the heads of state and metropolitan 
15.15 	agencies identified in section 15A.0815, and to assist the legislature in establishing the 
15.16 	compensation of justices of the supreme court and judges of the court of appeals and district 
15.17 	court, and to determine the daily compensation for voting members of the Direct Care and 
15.18 	Treatment executive board.

15.19 	Sec. 3. Minnesota Statutes 2024, section 15A.082, subdivision 3, is amended to read:
15.20 		Subd. 3.Submission of recommendations and determination. (a) By April 1 in each 
15.21 	odd-numbered year, the Compensation Council shall submit to the speaker of the house and 
15.22 	the president of the senate salary recommendations for justices of the supreme court, and 
15.23 	judges of the court of appeals and district court. The recommended salaries take effect on 
15.24 	July 1 of that year and July 1 of the subsequent even-numbered year and at whatever interval 
15.25 	the council recommends thereafter, unless the legislature by law provides otherwise. The 
15.26 	salary recommendations take effect if an appropriation of money to pay the recommended 
15.27 	salaries is enacted after the recommendations are submitted and before their effective date. 
15.28 	Recommendations may be expressly modified or rejected.
15.29 	(b) By April 1 in each odd-numbered year, the Compensation Council must prescribe 
15.30 	salaries for constitutional officers, and for the agency and metropolitan agency heads 
16.1 	identified in section 15A.0815. The prescribed salary for each office must take effect July 
16.2 	1 of that year and July 1 of the subsequent even-numbered year and at whatever interval 
16.3 	the council determines thereafter, unless the legislature by law provides otherwise. An 
16.4 	appropriation by the legislature to fund the relevant office, branch, or agency of an amount 
16.5 	sufficient to pay the salaries prescribed by the council constitutes a prescription by law as 
16.6 	provided in the Minnesota Constitution, article V, sections 4 and 5.
16.7 	(c) By April 1 in each odd-numbered year, the Compensation Council must prescribe 
16.8 	daily compensation for voting members of the Direct Care and Treatment executive board. 
16.9 	The recommended daily compensation takes effect on July 1 of that year and July 1 of the 
16.10 	subsequent even-numbered year and at whatever interval the council recommends thereafter, 
16.11 	unless the legislature by law provides otherwise.

16.12 	Sec. 4. Minnesota Statutes 2024, section 15A.082, subdivision 7, is amended to read:
16.13 		Subd. 7.No ex parte communications. Members may not have any communication 
16.14 	with a constitutional officer, a head of a state agency, or a member of the judiciary, or a 
16.15 	member of the Direct Care and Treatment executive board during the period after the first 
16.16 	meeting is convened under this section and the date the prescribed and recommended salaries 
16.17 	and daily compensation are submitted under subdivision 3.

16.18 	Sec. 5. Minnesota Statutes 2024, section 43A.08, subdivision 1, is amended to read:
16.19 		Subdivision 1.Unclassified positions.  Unclassified positions are held by employees 
16.20 	who are:
16.21 	(1) chosen by election or appointed to fill an elective office;
16.22 	(2) heads of agencies required by law to be appointed by the governor or other elective 
16.23 	officers, and the executive or administrative heads of departments, bureaus, divisions, and 
16.24 	institutions specifically established by law in the unclassified service;
16.25 	(3) deputy and assistant agency heads and one confidential secretary in the agencies 
16.26 	listed in subdivision 1a;
16.27 	(4) the confidential secretary to each of the elective officers of this state and, for the 
16.28 	secretary of state and state auditor, an additional deputy, clerk, or employee;
16.29 	(5) intermittent help employed by the commissioner of public safety to assist in the 
16.30 	issuance of vehicle licenses;
17.1 	(6) employees in the offices of the governor and of the lieutenant governor and one 
17.2 	confidential employee for the governor in the Office of the Adjutant General;
17.3 	(7) employees of the Washington, D.C., office of the state of Minnesota;
17.4 	(8) employees of the legislature and of legislative committees or commissions; provided 
17.5 	that employees of the Legislative Audit Commission, except for the legislative auditor, the 
17.6 	deputy legislative auditors, and their confidential secretaries, shall be employees in the 
17.7 	classified service;
17.8 	(9) presidents, vice-presidents, deans, other managers and professionals in academic 
17.9 	and academic support programs, administrative or service faculty, teachers, research 
17.10 	assistants, and student employees eligible under terms of the federal Economic Opportunity 
17.11 	Act work study program in the Perpich Center for Arts Education and the Minnesota State 
17.12 	Colleges and Universities, but not the custodial, clerical, or maintenance employees, or any 
17.13 	professional or managerial employee performing duties in connection with the business 
17.14 	administration of these institutions;
17.15 	(10) officers and enlisted persons in the National Guard;
17.16 	(11) attorneys, legal assistants, and three confidential employees appointed by the attorney 
17.17 	general or employed with the attorney general's authorization;
17.18 	(12) judges and all employees of the judicial branch, referees, receivers, jurors, and 
17.19 	notaries public, except referees and adjusters employed by the Department of Labor and 
17.20 	Industry;
17.21 	(13) members of the State Patrol; provided that selection and appointment of State Patrol 
17.22 	troopers must be made in accordance with applicable laws governing the classified service;
17.23 	(14) examination monitors and intermittent training instructors employed by the 
17.24 	Departments of Management and Budget and Commerce and by professional examining 
17.25 	boards and intermittent staff employed by the technical colleges for the administration of 
17.26 	practical skills tests and for the staging of instructional demonstrations;
17.27 	(15) student workers;
17.28 	(16) executive directors or executive secretaries appointed by and reporting to any 
17.29 	policy-making board or commission established by statute;
17.30 	(17) employees unclassified pursuant to other statutory authority;
17.31 	(18) intermittent help employed by the commissioner of agriculture to perform duties 
17.32 	relating to pesticides, fertilizer, and seed regulation;
18.1 	(19) the administrators and the deputy administrators at the State Academies for the 
18.2 	Deaf and the Blind; and
18.3 	(20) the chief executive officer of Direct Care and Treatment who serves as the deputy 
18.4 	agency head.

18.5 	Sec. 6. Minnesota Statutes 2024, section 43A.08, subdivision 1a, is amended to read:
18.6 		Subd. 1a.Additional unclassified positions. Appointing authorities for the following 
18.7 	agencies may designate additional unclassified positions according to this subdivision: the 
18.8 	Departments of Administration; Agriculture; Children, Youth, and Families; Commerce; 
18.9 	Corrections; Direct Care and Treatment; Education; Employment and Economic 
18.10 	Development; Explore Minnesota Tourism; Management and Budget; Health; Human 
18.11 	Rights; Human Services; Labor and Industry; Natural Resources; Public Safety; Revenue; 
18.12 	Transportation; and Veterans Affairs; the Housing Finance and Pollution Control Agencies; 
18.13 	the State Lottery; the State Board of Investment; the Office of Administrative Hearings; the 
18.14 	Department of Information Technology Services; the Offices of the Attorney General, 
18.15 	Secretary of State, and State Auditor; the Minnesota State Colleges and Universities; the 
18.16 	Minnesota Office of Higher Education; the Perpich Center for Arts Education; Direct Care 
18.17 	and Treatment; the Minnesota Zoological Board; and the Office of Emergency Medical 
18.18 	Services.
18.19 	A position designated by an appointing authority according to this subdivision must 
18.20 	meet the following standards and criteria:
18.21 	(1) the designation of the position would not be contrary to other law relating specifically 
18.22 	to that agency;
18.23 	(2) the person occupying the position would report directly to the agency head or deputy 
18.24 	agency head and would be designated as part of the agency head's management team;
18.25 	(3) the duties of the position would involve significant discretion and substantial 
18.26 	involvement in the development, interpretation, and implementation of agency policy;
18.27 	(4) the duties of the position would not require primarily personnel, accounting, or other 
18.28 	technical expertise where continuity in the position would be important;
18.29 	(5) there would be a need for the person occupying the position to be accountable to, 
18.30 	loyal to, and compatible with, the governor and the agency head, the employing statutory 
18.31 	board or commission, or the employing constitutional officer;
19.1 	(6) the position would be at the level of division or bureau director or assistant to the 
19.2 	agency head; and
19.3 	(7) the commissioner has approved the designation as being consistent with the standards 
19.4 	and criteria in this subdivision.

19.5 	Sec. 7. Minnesota Statutes 2024, section 245.021, is amended to read:
19.6 	245.021 DEFINITIONS DEFINITION.
19.7 	(a) For the purposes of this chapter, the definitions definition in this section have has
19.8 	the meanings meaning given them.
19.9 	(b) "Commissioner" means the commissioner of human services.
19.10 	(c) "Executive board" has the meaning given in section 246C.015.

19.11 	Sec. 8. Minnesota Statutes 2024, section 245.073, is amended to read:
19.12 	245.073 TECHNICAL TRAINING; COMMUNITY-BASED PROGRAMS.
19.13 	(a) In conjunction with the discharge of persons from regional treatment centers and 
19.14 	their admission to state-operated and privately operated community-based programs, the 
19.15 	commissioner may provide technical training assistance to the community-based programs. 
19.16 	The commissioner may apply for and accept money from any source including reimbursement 
19.17 	charges from the community-based programs for reasonable costs of training. Money 
19.18 	received must be deposited in the general fund and is appropriated annually to the 
19.19 	commissioner of human services for training under this section.
19.20 	(b) The commissioner must coordinate with the executive board commissioner of direct 
19.21 	care and treatment or the commissioner's designee to provide technical training assistance 
19.22 	to community-based programs under this section and section 246C.11, subdivision 5.

19.23 	Sec. 9. Minnesota Statutes 2024, section 246.13, subdivision 1, is amended to read:
19.24 		Subdivision 1.Executive board Record responsibilities. (a) The chief executive officer 
19.25 	or a designee shall have, accessible only by consent of the executive board commissioner
19.26 	or on the order of a judge or court of record, a record showing:
19.27 	(1) the residence, sex, age, nativity, occupation, civil condition, and date of entrance or 
19.28 	commitment of every person, in the state-operated services facilities as defined under section 
19.29 	246C.02 under exclusive control of the executive board commissioner;
19.30 	(2) the date of discharge of any such person and whether such discharge was final;
20.1 	(3) the condition of the person when the person left the state-operated services facility;
20.2 	(4) the vulnerable adult abuse prevention associated with the person; and
20.3 	(5) the date and cause of any death of such person.
20.4 	(b) The record in paragraph (a) must state every transfer of a person from one 
20.5 	state-operated services facility to another, naming each state-operated services facility. The 
20.6 	head of each facility or a designee must provide this transfer information to the executive 
20.7 	board commissioner, along with other obtainable facts as the executive board commissioner
20.8 	requests.
20.9 	(c) The head of the state-operated services facility or designee shall inform the executive 
20.10 	board commissioner of any discharge, transfer, or death of a person in that facility within 
20.11 	ten days of the date of discharge, transfer, or death in a manner determined by the executive 
20.12 	board commissioner.
20.13 	(d) The executive board commissioner shall maintain an adequate system of records and 
20.14 	statistics for all basic record forms, including patient personal records and medical record 
20.15 	forms. The use and maintenance of such records must be consistent throughout all 
20.16 	state-operated services facilities.

20.17 	Sec. 10. Minnesota Statutes 2024, section 246B.01, is amended by adding a subdivision 
20.18 	to read:
20.19 		Subd. 2e.Commissioner. "Commissioner" means the commissioner of direct care and 
20.20 	treatment.

20.21 	Sec. 11. Minnesota Statutes 2024, section 252.021, is amended by adding a subdivision 
20.22 	to read:
20.23 		Subd. 4.Commissioner. "Commissioner" means the commissioner of human services.

20.24 	Sec. 12. Minnesota Statutes 2024, section 252.50, subdivision 5, is amended to read:
20.25 		Subd. 5.Location of programs. (a) In determining the location of state-operated, 
20.26 	community-based programs, the needs of the individual client shall be paramount. The 
20.27 	executive board commissioner of direct care and treatment shall also take into account:
20.28 	(1) prioritization of beds in state-operated, community-based programs for individuals 
20.29 	with complex behavioral needs that cannot be met by private community-based providers;
21.1 	(2) choices made by individuals who chose to move to a more integrated setting, and 
21.2 	shall coordinate with the lead agency to ensure that appropriate person-centered transition 
21.3 	plans are created;
21.4 	(3) the personal preferences of the persons being served and their families as determined 
21.5 	by Minnesota Rules, parts 9525.0004 to 9525.0036;
21.6 	(4) the location of the support services established by the individual service plans of the 
21.7 	persons being served;
21.8 	(5) the appropriate grouping of the persons served;
21.9 	(6) the availability of qualified staff;
21.10 	(7) the need for state-operated, community-based programs in the geographical region 
21.11 	of the state; and
21.12 	(8) a reasonable commuting distance from a regional treatment center or the residences 
21.13 	of the program staff.
21.14 	(b) The executive boardcommissioner of direct care and treatment must locate 
21.15 	state-operated, community-based programs in coordination with the commissioner of human 
21.16 	services according to section 252.28.

21.17 	Sec. 13. Minnesota Statutes 2024, section 253.195, is amended by adding a subdivision 
21.18 	to read:
21.19 		Subd. 2a.Commissioner. "Commissioner" means the commissioner of direct care and 
21.20 	treatment.

21.21 	Sec. 14. Minnesota Statutes 2024, section 253B.02, is amended by adding a subdivision 
21.22 	to read:
21.23 		Subd. 2a.Commissioner. "Commissioner" means the commissioner of direct care and 
21.24 	treatment.

21.25 	Sec. 15. Minnesota Statutes 2024, section 253B.02, subdivision 3, is amended to read:
21.26 		Subd. 3.Commissioner of human services. "Commissioner of human services" means 
21.27 	the commissioner of human services or the commissioner's designee.

22.1 	Sec. 16. Minnesota Statutes 2024, section 253B.02, subdivision 4c, is amended to read:
22.2 		Subd. 4c.County of financial responsibility. (a) "County of financial responsibility" 
22.3 	has the meaning specified in chapter 256G. This definition does not require that the person 
22.4 	qualifies for or receives any other form of financial, medical, or social service assistance 
22.5 	in addition to the services under this chapter. Disputes about the county of financial 
22.6 	responsibility shall be submitted for determination to the executive board commissioner
22.7 	through the commissioner of human services in the manner prescribed in section 256G.09.
22.8 	(b) For purposes of proper venue for filing a petition pursuant to section 253B.064, 
22.9 	subdivision 1, paragraph (a); 253B.07, subdivision 1, paragraph (a); or 253D.07, where the 
22.10 	designated agency of a county has determined that it is the county of financial responsibility, 
22.11 	then that county is the county of financial responsibility until a different determination is 
22.12 	made by the appropriate county agencies or the commissioner of human services pursuant 
22.13 	to chapter 256G.

22.14 	Sec. 17. Minnesota Statutes 2024, section 253B.03, subdivision 7, is amended to read:
22.15 		Subd. 7.Treatment plan. A patient receiving services under this chapter has the right 
22.16 	to receive proper care and treatment, best adapted, according to contemporary professional 
22.17 	standards, to rendering further supervision unnecessary. The treatment facility, state-operated 
22.18 	treatment program, or community-based treatment program shall devise a written treatment 
22.19 	plan for each patient which describes in behavioral terms the case problems, the precise 
22.20 	goals, including the expected period of time for treatment, and the specific measures to be 
22.21 	employed. The development and review of treatment plans must be conducted as required 
22.22 	under the license or certification of the treatment facility, state-operated treatment program, 
22.23 	or community-based treatment program. If there are no review requirements under the 
22.24 	license or certification, the treatment plan must be reviewed quarterly. The treatment plan 
22.25 	shall be devised and reviewed with the designated agency and with the patient. The clinical 
22.26 	record shall reflect the treatment plan review. If the designated agency or the patient does 
22.27 	not participate in the planning and review, the clinical record shall include reasons for 
22.28 	nonparticipation and the plans for future involvement. The commissioner of human services
22.29 	shall monitor the treatment plan and review process for state-operated treatment programs 
22.30 	to ensure compliance with the provisions of this subdivision.

22.31 	Sec. 18. Minnesota Statutes 2024, section 253B.041, subdivision 4, is amended to read:
22.32 		Subd. 4.Evaluation. Counties may, but are not required to, provide engagement services. 
22.33 	The commissioner of human services may conduct a pilot project evaluating the impact of 
23.1 	engagement services in decreasing commitments, increasing engagement in treatment, and 
23.2 	other measures.

23.3 	Sec. 19. Minnesota Statutes 2024, section 253B.09, subdivision 3a, is amended to read:
23.4 		Subd. 3a.Reporting judicial commitments; private treatment program or 
23.5 	facility. Notwithstanding section 253B.23, subdivision 9, when a court commits a patient 
23.6 	to a non-state-operated treatment facility or program, the court shall report the commitment 
23.7 	to the commissioner through the supreme court information system for purposes of providing 
23.8 	commitment information for firearm background checks under section 246C.15. If the 
23.9 	patient is committed to a state-operated treatment program, the court shall send a copy of 
23.10 	the commitment order to the commissioner and the executive board.

23.11 	Sec. 20. Minnesota Statutes 2024, section 253B.18, subdivision 6, is amended to read:
23.12 		Subd. 6.Transfer. (a) A patient who is a person who has a mental illness and is 
23.13 	dangerous to the public shall not be transferred out of a secure treatment facility unless it 
23.14 	appears to the satisfaction of the executive board commissioner, after a hearing and favorable 
23.15 	recommendation by a majority of the special review board, that the transfer is appropriate. 
23.16 	Transfer may be to another state-operated treatment program. In those instances where a 
23.17 	commitment also exists to the Department of Corrections, transfer may be to a facility 
23.18 	designated by the commissioner of corrections.
23.19 	(b) The following factors must be considered in determining whether a transfer is 
23.20 	appropriate:
23.21 	(1) the person's clinical progress and present treatment needs;
23.22 	(2) the need for security to accomplish continuing treatment;
23.23 	(3) the need for continued institutionalization;
23.24 	(4) which facility can best meet the person's needs; and
23.25 	(5) whether transfer can be accomplished with a reasonable degree of safety for the 
23.26 	public.
23.27 	(c) If a committed person has been transferred out of a secure treatment facility pursuant 
23.28 	to this subdivision, that committed person may voluntarily return to a secure treatment 
23.29 	facility for a period of up to 60 days with the consent of the head of the treatment facility.
23.30 	(d) If the committed person is not returned to the original, nonsecure transfer facility 
23.31 	within 60 days of being readmitted to a secure treatment facility, the transfer is revoked and 
24.1 	the committed person must remain in a secure treatment facility. The committed person 
24.2 	must immediately be notified in writing of the revocation.
24.3 	(e) Within 15 days of receiving notice of the revocation, the committed person may 
24.4 	petition the special review board for a review of the revocation. The special review board 
24.5 	shall review the circumstances of the revocation and shall recommend to the commissioner 
24.6 	whether or not the revocation should be upheld. The special review board may also 
24.7 	recommend a new transfer at the time of the revocation hearing.
24.8 	(f) No action by the special review board is required if the transfer has not been revoked 
24.9 	and the committed person is returned to the original, nonsecure transfer facility with no 
24.10 	substantive change to the conditions of the transfer ordered under this subdivision.
24.11 	(g) The head of the treatment facility may revoke a transfer made under this subdivision 
24.12 	and require a committed person to return to a secure treatment facility if:
24.13 	(1) remaining in a nonsecure setting does not provide a reasonable degree of safety to 
24.14 	the committed person or others; or
24.15 	(2) the committed person has regressed clinically and the facility to which the committed 
24.16 	person was transferred does not meet the committed person's needs.
24.17 	(h) Upon the revocation of the transfer, the committed person must be immediately 
24.18 	returned to a secure treatment facility. A report documenting the reasons for revocation 
24.19 	must be issued by the head of the treatment facility within seven days after the committed 
24.20 	person is returned to the secure treatment facility. Advance notice to the committed person 
24.21 	of the revocation is not required.
24.22 	(i) The committed person must be provided a copy of the revocation report and informed, 
24.23 	orally and in writing, of the rights of a committed person under this section. The revocation 
24.24 	report must be served upon the committed person, the committed person's counsel, and the 
24.25 	designated agency. The report must outline the specific reasons for the revocation, including 
24.26 	but not limited to the specific facts upon which the revocation is based.
24.27 	(j) If a committed person's transfer is revoked, the committed person may re-petition for 
24.28 	transfer according to subdivision 5.
24.29 	(k) A committed person aggrieved by a transfer revocation decision may petition the 
24.30 	special review board within seven business days after receipt of the revocation report for a 
24.31 	review of the revocation. The matter must be scheduled within 30 days. The special review 
24.32 	board shall review the circumstances leading to the revocation and, after considering the 
24.33 	factors in paragraph (b), shall recommend to the commissioner whether or not the revocation 
25.1 	shall be upheld. The special review board may also recommend a new transfer out of a 
25.2 	secure treatment facility at the time of the revocation hearing.

25.3 	Sec. 21. Minnesota Statutes 2024, section 253B.19, subdivision 2, is amended to read:
25.4 		Subd. 2.Petition; hearing. (a) A patient committed as a person who has a mental illness 
25.5 	and is dangerous to the public under section 253B.18, or the county attorney of the county 
25.6 	from which the patient was committed or the county of financial responsibility, may petition 
25.7 	the judicial appeal panel for a rehearing and reconsideration of a decision by the 
25.8 	commissioner under section 253B.18, subdivision 5. The judicial appeal panel must not 
25.9 	consider petitions for relief other than those considered by the executive board commissioner
25.10 	from which the appeal is taken. The petition must be filed with the supreme court within 
25.11 	30 days after the decision of the executive board commissioner is signed. The hearing must 
25.12 	be held within 45 days of the filing of the petition unless an extension is granted for good 
25.13 	cause.
25.14 	(b) For an appeal under paragraph (a), the supreme court shall refer the petition to the 
25.15 	chief judge of the judicial appeal panel. The chief judge shall notify the patient, the county 
25.16 	attorney of the county of commitment, the designated agency, the executive board
25.17 	commissioner, the head of the facility or program to which the patient was committed, any 
25.18 	interested person, and other persons the chief judge designates, of the time and place of the 
25.19 	hearing on the petition. The notice shall be given at least 14 days prior to the date of the 
25.20 	hearing.
25.21 	(c) Any person may oppose the petition. The patient, the patient's counsel, the county 
25.22 	attorney of the committing county or the county of financial responsibility, and the executive 
25.23 	board commissioner shall participate as parties to the proceeding pending before the judicial 
25.24 	appeal panel and shall, except when the patient is committed solely as a person who has a 
25.25 	mental illness and is dangerous to the public, no later than 20 days before the hearing on 
25.26 	the petition, inform the judicial appeal panel and the opposing party in writing whether they 
25.27 	support or oppose the petition and provide a summary of facts in support of their position. 
25.28 	The judicial appeal panel may appoint court examiners and may adjourn the hearing from 
25.29 	time to time. It shall hear and receive all relevant testimony and evidence and make a record 
25.30 	of all proceedings. The patient, the patient's counsel, and the county attorney of the 
25.31 	committing county or the county of financial responsibility have the right to be present and 
25.32 	may present and cross-examine all witnesses and offer a factual and legal basis in support 
25.33 	of their positions. The petitioning party seeking discharge or provisional discharge bears 
25.34 	the burden of going forward with the evidence, which means presenting a prima facie case 
26.1 	with competent evidence to show that the person is entitled to the requested relief. If the 
26.2 	petitioning party has met this burden, the party opposing discharge or provisional discharge 
26.3 	bears the burden of proof by clear and convincing evidence that the discharge or provisional 
26.4 	discharge should be denied. A party seeking transfer under section 253B.18, subdivision 6, 
26.5 	must establish by a preponderance of the evidence that the transfer is appropriate.

26.6 	Sec. 22. Minnesota Statutes 2024, section 253B.20, subdivision 2, is amended to read:
26.7 		Subd. 2.Necessities. (a) The state-operated treatment program shall make necessary 
26.8 	arrangements at the expense of the state to insure that no patient is discharged or provisionally 
26.9 	discharged without suitable clothing. The head of the state-operated treatment program 
26.10 	shall, if necessary, provide the patient with a sufficient sum of money to secure transportation 
26.11 	home, or to another destination of the patient's choice, if the destination is located within a 
26.12 	reasonable distance of the state-operated treatment program.
26.13 	(b) The commissioner of human services shall establish procedures by rule to help the 
26.14 	patient receive all public assistance benefits provided by state or federal law to which the 
26.15 	patient is entitled by residence and circumstances. The rule shall be uniformly applied in 
26.16 	all counties. All counties shall provide temporary relief whenever necessary to meet the 
26.17 	intent of this subdivision.
26.18 	(c) The commissioner of human services and the executive board commissioner may 
26.19 	adopt joint rules necessary to accomplish the requirements under paragraph (b).

26.20 	Sec. 23. Minnesota Statutes 2024, section 253D.02, is amended by adding a subdivision 
26.21 	to read:
26.22 		Subd. 2a.Commissioner. "Commissioner" means the commissioner of direct care and 
26.23 	treatment.

26.24 	Sec. 24. Minnesota Statutes 2024, section 253D.02, subdivision 3, is amended to read:
26.25 		Subd. 3.Commissioner of corrections. "Commissioner of corrections" means the 
26.26 	commissioner of corrections or the commissioner's designee.

26.27 	Sec. 25. Minnesota Statutes 2024, section 254B.05, subdivision 4, is amended to read:
26.28 		Subd. 4.Regional treatment centers. Regional treatment center substance use disorder 
26.29 	treatment units are eligible vendors. The executive board commissioner of direct care and 
26.30 	treatment may expand the capacity of substance use disorder treatment units beyond the 
26.31 	capacity funded by direct legislative appropriation to serve individuals who are referred for 
27.1 	treatment by counties and whose treatment will be paid for by funding under this chapter 
27.2 	or other funding sources. Notwithstanding the provisions of sections 254B.03 to 254B.04, 
27.3 	payment for any person committed at county request to a regional treatment center under 
27.4 	chapter 253B for chemical dependency treatment and determined to be ineligible under the 
27.5 	behavioral health fund, shall become the responsibility of the county.

27.6 	Sec. 26. Minnesota Statutes 2024, section 256.045, is amended by adding a subdivision 
27.7 	to read:
27.8 		Subd. 1b.Commissioner. For purposes of this section, "commissioner" means the 
27.9 	commissioner of human services.

27.10 	Sec. 27. Minnesota Statutes 2024, section 256.045, subdivision 6, is amended to read:
27.11 		Subd. 6.Additional powers of commissioner; subpoenas. (a) The commissioner of 
27.12 	human services, the commissioner of health for matters within the commissioner's jurisdiction 
27.13 	under subdivision 3b, or the Direct Care and Treatment executive board commissioner of 
27.14 	direct care and treatment for matters within the commissioner's jurisdiction of the executive 
27.15 	board under subdivision 5a, may initiate a review of any action or decision of a county 
27.16 	agency and direct that the matter be presented to a state human services judge for a hearing 
27.17 	held under subdivision 3, 3a, 3b, or 4a. In all matters dealing with human services committed 
27.18 	by law to the discretion of the county agency, the judgment of the applicable commissioner 
27.19 	or executive board may be substituted for that of the county agency. The applicable 
27.20 	commissioner or executive board may order an independent examination when appropriate.
27.21 	(b) Any party to a hearing held pursuant to subdivision 3, 3a, 3b, or 4a may request that 
27.22 	the applicable commissioner or executive board issue a subpoena to compel the attendance 
27.23 	of witnesses and the production of records at the hearing. A local agency may request that 
27.24 	the applicable commissioner or executive board issue a subpoena to compel the release of 
27.25 	information from third parties prior to a request for a hearing under section 256.046 upon 
27.26 	a showing of relevance to such a proceeding. The issuance, service, and enforcement of 
27.27 	subpoenas under this subdivision is governed by section 357.22 and the Minnesota Rules 
27.28 	of Civil Procedure.
27.29 	(c) The commissioner of human services may issue a temporary order staying a proposed 
27.30 	demission by a residential facility licensed under chapter 245A:
27.31 	(1) while an appeal by a recipient under subdivision 3 is pending;
28.1 	(2) for the period of time necessary for the case management provider to implement the 
28.2 	commissioner's order; or
28.3 	(3) for appeals under subdivision 3, paragraph (a), clause (11), when the individual is 
28.4 	seeking a temporary stay of demission on the basis that the county has not yet finalized an 
28.5 	alternative arrangement for a residential facility, a program, or services that will meet the 
28.6 	assessed needs of the individual by the effective date of the service termination, a temporary 
28.7 	stay of demission may be issued for no more than 30 calendar days to allow for such 
28.8 	arrangements to be finalized.

28.9 	Sec. 28. Minnesota Statutes 2024, section 256.045, subdivision 7, is amended to read:
28.10 		Subd. 7.Judicial review. Except for a prepaid health plan, any party who is aggrieved 
28.11 	by an order of the commissioner of human services; the commissioner of health; or the 
28.12 	commissioner of children, youth, and families in appeals within the commissioner's 
28.13 	jurisdiction under subdivision 3b; or the Direct Care and Treatment executive board
28.14 	commissioner of direct care and treatment in appeals within the commissioner's jurisdiction 
28.15 	of the executive board under subdivision 5a may appeal the order to the district court of the 
28.16 	county responsible for furnishing assistance, or, in appeals under subdivision 3b, the county 
28.17 	where the maltreatment occurred, by serving a written copy of a notice of appeal upon the 
28.18 	applicable commissioner or executive board and any adverse party of record within 30 days 
28.19 	after the date the commissioner or executive board issued the order, the amended order, or 
28.20 	order affirming the original order, and by filing the original notice and proof of service with 
28.21 	the court administrator of the district court. Service may be made personally or by mail; 
28.22 	service by mail is complete upon mailing; no filing fee shall be required by the court 
28.23 	administrator in appeals taken pursuant to this subdivision, with the exception of appeals 
28.24 	taken under subdivision 3b. The applicable commissioner or executive board may elect to 
28.25 	become a party to the proceedings in the district court. Except for appeals under subdivision 
28.26 	3b, any party may demand that the applicable commissioner or executive board furnish all 
28.27 	parties to the proceedings with a copy of the decision, and a transcript of any testimony, 
28.28 	evidence, or other supporting papers from the hearing held before the human services judge, 
28.29 	by serving a written demand upon the applicable commissioner or executive board within 
28.30 	30 days after service of the notice of appeal. Any party aggrieved by the failure of an adverse 
28.31 	party to obey an order issued by the applicable commissioner or executive board under 
28.32 	subdivision 5 or 5a may compel performance according to the order in the manner prescribed 
28.33 	in sections 586.01 to 586.12.

29.1 	Sec. 29. Minnesota Statutes 2024, section 256G.09, subdivision 3, is amended to read:
29.2 		Subd. 3.Commissioner obligations. (a) Except as provided in paragraph (b) for matters 
29.3 	under the jurisdiction of the Direct Care and Treatment executive board commissioner of 
29.4 	direct care and treatment, the commissioner shall then promptly decide any question of 
29.5 	financial responsibility as outlined in this chapter and make an order referring the application 
29.6 	to the local agency of the proper county for further action. Further action may include 
29.7 	reimbursement by that county of assistance that another county has provided to the applicant 
29.8 	under this subdivision. The commissioner shall decide disputes within 60 days of the last 
29.9 	county evidentiary submission and shall issue an immediate opinion.
29.10 	(b) For disputes regarding financial responsibility relating to matters under the jurisdiction 
29.11 	of the direct care and treatment executive board commissioner of direct care and treatment, 
29.12 	the commissioner shall promptly issue an advisory opinion on any question of financial 
29.13 	responsibility as outlined in this chapter and recommend to the executive board commissioner 
29.14 	of direct care and treatment an order referring the application to the local agency of the 
29.15 	proper county for further action. Further action may include reimbursement by that county 
29.16 	of assistance that another county has provided to the applicant under this subdivision. The 
29.17 	commissioner shall provide an advisory opinion and recommended order to the executive 
29.18 	board commissioner of direct care and treatment within 30 days of the last county evidentiary 
29.19 	submission. The executive board commissioner of direct care and treatment shall decide to 
29.20 	accept or reject the commissioner's advisory opinion and recommended order within 60 
29.21 	days of the last county evidentiary submission and shall issue an immediate opinion stating 
29.22 	the reasons for accepting or rejecting the commissioner's recommendation.
29.23 	(c) The commissioner may make any investigation it the commissioner considers proper 
29.24 	before making a decision or a recommendation to the executive board commissioner of 
29.25 	direct care and treatment. The commissioner may prescribe rules it the commissioner
29.26 	considers necessary to carry out this subdivision except that the commissioner must not 
29.27 	create rules purporting to bind the executive board's decision of the commissioner of direct 
29.28 	care and treatment on any advisory opinion or recommended order under paragraph (b).
29.29 	(d) Except as provided in paragraph (e) for matters under the jurisdiction of the executive 
29.30 	board commissioner of direct care and treatment, the order of the commissioner binds the 
29.31 	local agency involved and the applicant or recipient. That agency shall comply with the 
29.32 	order unless reversed on appeal as provided in section 256.045, subdivision 7. The agency 
29.33 	shall comply with the order pending the appeal.
30.1 	(e) For disputes regarding financial responsibility relating to matters under the jurisdiction 
30.2 	of the Direct Care and Treatment executive board commissioner of direct care and treatment, 
30.3 	the order of the executive board commissioner of direct care and treatment binds the local 
30.4 	agency involved and the applicant or recipient. That agency shall comply with the order of 
30.5 	the executive board commissioner of direct care and treatment unless the order is reversed 
30.6 	on appeal as provided in section 256.045, subdivision 7. The agency shall comply with the 
30.7 	order of the executive board commissioner of direct care and treatment pending the appeal.

30.8 	Sec. 30. Minnesota Statutes 2024, section 352.91, subdivision 2a, is amended to read:
30.9 		Subd. 2a.Special teachers. "Covered correctional service" also means service rendered 
30.10 	by a state employee as a special teacher employed by the Department of Corrections or by 
30.11 	the Department of Direct Care and Treatment at a security unit, provided that at least 75 
30.12 	percent of the employee's working time is spent in direct contact with inmates or patients 
30.13 	and the fact of this direct contact is certified to the executive director by the appropriate 
30.14 	commissioner or executive board, unless the person elects to retain the current retirement 
30.15 	coverage under Laws 1996, chapter 408, article 8, section 21.

30.16 	Sec. 31. Minnesota Statutes 2024, section 352.91, subdivision 3c, is amended to read:
30.17 		Subd. 3c.Nursing personnel. (a) "Covered correctional service" means service by a 
30.18 	state employee in one of the employment positions at a correctional facility, in the 
30.19 	state-operated forensic services program, or in the Minnesota Sex Offender Program that 
30.20 	are specified in paragraph (b) if at least 75 percent of the employee's working time is spent 
30.21 	in direct contact with inmates or patients and the fact of this direct contact is certified to the 
30.22 	executive director by the appropriate commissioner or executive board.
30.23 	(b) The employment positions are as follows:
30.24 	(1) registered nurse - senior;
30.25 	(2) registered nurse;
30.26 	(3) registered nurse - principal;
30.27 	(4) licensed practical nurse;
30.28 	(5) registered nurse advance practice; and
30.29 	(6) psychiatric advance practice registered nurse.

31.1 	Sec. 32. Minnesota Statutes 2024, section 352.91, subdivision 3d, is amended to read:
31.2 		Subd. 3d.Other correctional personnel. (a) "Covered correctional service" means 
31.3 	service by a state employee in one of the employment positions at a correctional facility or 
31.4 	in the state-operated forensic services program specified in paragraph (b) if at least 75 
31.5 	percent of the employee's working time is spent in direct contact with inmates or patients 
31.6 	and the fact of this direct contact is certified to the executive director by the appropriate 
31.7 	commissioner or executive board.
31.8 	(b) The employment positions are:
31.9 	(1) automotive mechanic;
31.10 	(2) baker;
31.11 	(3) central services administrative specialist, intermediate;
31.12 	(4) central services administrative specialist, principal;
31.13 	(5) chaplain;
31.14 	(6) chief cook;
31.15 	(7) clinical program therapist 1;
31.16 	(8) clinical program therapist 2;
31.17 	(9) clinical program therapist 3;
31.18 	(10) clinical program therapist 4;
31.19 	(11) cook;
31.20 	(12) cook coordinator;
31.21 	(13) corrections inmate program coordinator;
31.22 	(14) corrections transitions program coordinator;
31.23 	(15) corrections security caseworker;
31.24 	(16) corrections security caseworker career;
31.25 	(17) corrections teaching assistant;
31.26 	(18) delivery van driver;
31.27 	(19) dentist;
31.28 	(20) electrician supervisor;
32.1 	(21) general maintenance worker lead;
32.2 	(22) general repair worker;
32.3 	(23) library/information research services specialist;
32.4 	(24) library/information research services specialist senior;
32.5 	(25) library technician;
32.6 	(26) painter lead;
32.7 	(27) plant maintenance engineer lead;
32.8 	(28) plumber supervisor;
32.9 	(29) psychologist 1;
32.10 	(30) psychologist 3;
32.11 	(31) recreation therapist;
32.12 	(32) recreation therapist coordinator;
32.13 	(33) recreation program assistant;
32.14 	(34) recreation therapist senior;
32.15 	(35) sports medicine specialist;
32.16 	(36) work therapy assistant;
32.17 	(37) work therapy program coordinator; and
32.18 	(38) work therapy technician.

32.19 	Sec. 33. Minnesota Statutes 2024, section 352.91, subdivision 4a, is amended to read:
32.20 		Subd. 4a.Process for evaluating and recommending potential employment positions 
32.21 	for membership inclusion. (a) The Department of Corrections and the Department of 
32.22 	Direct Care and Treatment must establish a procedure for evaluating periodic requests by 
32.23 	department and agency employees for qualification for recommendation by the applicable 
32.24 	commissioner or executive board for inclusion of the employment position in the correctional 
32.25 	facility or direct care and treatment facility in the correctional retirement plan and for 
32.26 	periodically determining employment positions that no longer qualify for continued 
32.27 	correctional retirement plan coverage.
32.28 	(b) The procedure must provide for an evaluation of the extent of the employee's working 
32.29 	time spent in direct contact with patients or inmates, the extent of the physical hazard that 
33.1 	the employee is routinely subjected to in the course of employment, and the extent of 
33.2 	intervention routinely expected of the employee in the event of a facility incident. The 
33.3 	percentage of routine direct contact with inmates or patients may not be less than 75 percent.
33.4 	(c) The applicable commissioner or executive board shall notify the employee of the 
33.5 	determination of the appropriateness of recommending the employment position for inclusion 
33.6 	in the correctional retirement plan, if the evaluation procedure results in a finding that the 
33.7 	employee:
33.8 	(1) routinely spends 75 percent of the employee's time in direct contact with inmates or 
33.9 	patients; and
33.10 	(2) is regularly engaged in the rehabilitation, treatment, custody, or supervision of inmates 
33.11 	or patients.
33.12 	(d) After providing the affected employee an opportunity to dispute or clarify any 
33.13 	evaluation determinations, if the applicable commissioner or executive board determines 
33.14 	that the employment position is appropriate for inclusion in the correctional retirement plan, 
33.15 	the commissioner or executive board shall forward that recommendation and supporting 
33.16 	documentation to the chair of the Legislative Commission on Pensions and Retirement, the 
33.17 	chair of the State and Local Governmental Operations Committee of the senate, the chair 
33.18 	of the Governmental Operations and Veterans Affairs Policy Committee of the house of 
33.19 	representatives, and the executive director of the Legislative Commission on Pensions and 
33.20 	Retirement in the form of the appropriate proposed legislation. The recommendation must 
33.21 	be forwarded to the legislature before January 15 for the recommendation to be considered 
33.22 	in that year's legislative session.

33.23 	Sec. 34. Minnesota Statutes 2024, section 524.3-801, is amended to read:
33.24 	524.3-801 NOTICE TO CREDITORS.
33.25 	(a) Unless notice has already been given under this section, upon appointment of a 
33.26 	general personal representative in informal proceedings or upon the filing of a petition for 
33.27 	formal appointment of a general personal representative, notice thereof, in the form prescribed 
33.28 	by court rule, shall be given under the direction of the court administrator by publication 
33.29 	once a week for two successive weeks in a legal newspaper in the county wherein the 
33.30 	proceedings are pending giving the name and address of the general personal representative 
33.31 	and notifying creditors of the estate to present their claims within four months after the date 
33.32 	of the court administrator's notice which is subsequently published or be forever barred, 
33.33 	unless they are entitled to further service of notice under paragraph (b) or (c).
34.1 	(b) The personal representative shall, within three months after the date of the first 
34.2 	publication of the notice, serve a copy of the notice upon each then known and identified 
34.3 	creditor in the manner provided in paragraph (c). If the decedent or a predeceased spouse 
34.4 	of the decedent received assistance for which a claim could be filed under section 246.53, 
34.5 	256B.15, 256D.16, or 261.04, notice to the commissioner of human services or Direct Care 
34.6 	and Treatment executive board the commissioner of direct care and treatment, as applicable, 
34.7 	must be given under paragraph (d) instead of under this paragraph or paragraph (c). A 
34.8 	creditor is "known" if: (i) the personal representative knows that the creditor has asserted 
34.9 	a claim that arose during the decedent's life against either the decedent or the decedent's 
34.10 	estate; (ii) the creditor has asserted a claim that arose during the decedent's life and the fact 
34.11 	is clearly disclosed in accessible financial records known and available to the personal 
34.12 	representative; or (iii) the claim of the creditor would be revealed by a reasonably diligent 
34.13 	search for creditors of the decedent in accessible financial records known and available to 
34.14 	the personal representative. Under this section, a creditor is "identified" if the personal 
34.15 	representative's knowledge of the name and address of the creditor will permit service of 
34.16 	notice to be made under paragraph (c).
34.17 	(c) Unless the claim has already been presented to the personal representative or paid, 
34.18 	the personal representative shall serve a copy of the notice required by paragraph (b) upon 
34.19 	each creditor of the decedent who is then known to the personal representative and identified 
34.20 	either by delivery of a copy of the required notice to the creditor, or by mailing a copy of 
34.21 	the notice to the creditor by certified, registered, or ordinary first class mail addressed to 
34.22 	the creditor at the creditor's office or place of residence.
34.23 	(d)(1) Effective for decedents dying on or after July 1, 1997, if the decedent or a 
34.24 	predeceased spouse of the decedent received assistance for which a claim could be filed 
34.25 	under section 246.53, 256B.15, 256D.16, or 261.04, the personal representative or the 
34.26 	attorney for the personal representative shall serve the commissioner of human services or 
34.27 	executive board the commissioner of direct care and treatment, as applicable, with notice 
34.28 	in the manner prescribed in paragraph (c), or electronically in a manner prescribed by the 
34.29 	applicable commissioner or executive board, as soon as practicable after the appointment 
34.30 	of the personal representative. The notice must state the decedent's full name, date of birth, 
34.31 	and Social Security number and, to the extent then known after making a reasonably diligent 
34.32 	inquiry, the full name, date of birth, and Social Security number for each of the decedent's 
34.33 	predeceased spouses. The notice may also contain a statement that, after making a reasonably 
34.34 	diligent inquiry, the personal representative has determined that the decedent did not have 
34.35 	any predeceased spouses or that the personal representative has been unable to determine 
35.1 	one or more of the previous items of information for a predeceased spouse of the decedent. 
35.2 	A copy of the notice to creditors must be attached to and be a part of the notice to the 
35.3 	applicable commissioner or executive board.
35.4 	(2) Notwithstanding a will or other instrument or law to the contrary, except as allowed 
35.5 	in this paragraph, no property subject to administration by the estate may be distributed by 
35.6 	the estate or the personal representative until 70 days after the date the notice is served on 
35.7 	the commissioner of human services or executive board commissioner of direct care and 
35.8 	treatment as provided in paragraph (c), unless the local agency consents as provided for in 
35.9 	clause (6). This restriction on distribution does not apply to the personal representative's 
35.10 	sale of real or personal property, but does apply to the net proceeds the estate receives from 
35.11 	these sales. The personal representative, or any person with personal knowledge of the facts, 
35.12 	may provide an affidavit containing the description of any real or personal property affected 
35.13 	by this paragraph and stating facts showing compliance with this paragraph. If the affidavit 
35.14 	describes real property, it may be filed or recorded in the office of the county recorder or 
35.15 	registrar of titles for the county where the real property is located. This paragraph does not 
35.16 	apply to proceedings under sections 524.3-1203 and 525.31, or when a duly authorized 
35.17 	agent of a county is acting as the personal representative of the estate.
35.18 	(3) At any time before an order or decree is entered under section 524.3-1001 or 
35.19 	524.3-1002, or a closing statement is filed under section 524.3-1003, the personal 
35.20 	representative or the attorney for the personal representative may serve an amended notice 
35.21 	on the commissioner of human services or executive board commissioner of direct care and 
35.22 	treatment to add variations or other names of the decedent or a predeceased spouse named 
35.23 	in the notice, the name of a predeceased spouse omitted from the notice, to add or correct 
35.24 	the date of birth or Social Security number of a decedent or predeceased spouse named in 
35.25 	the notice, or to correct any other deficiency in a prior notice. The amended notice must 
35.26 	state the decedent's name, date of birth, and Social Security number, the case name, case 
35.27 	number, and district court in which the estate is pending, and the date the notice being 
35.28 	amended was served on the applicable commissioner or executive board. If the amendment 
35.29 	adds the name of a predeceased spouse omitted from the notice, it must also state that 
35.30 	spouse's full name, date of birth, and Social Security number. The amended notice must be 
35.31 	served on the applicable commissioner or executive board in the same manner as the original 
35.32 	notice. Upon service, the amended notice relates back to and is effective from the date the 
35.33 	notice it amends was served, and the time for filing claims arising under section 246.53, 
35.34 	256B.15, 256D.16 or 261.04 is extended by 60 days from the date of service of the amended 
35.35 	notice. Claims filed during the 60-day period are undischarged and unbarred claims, may 
36.1 	be prosecuted by the entities entitled to file those claims in accordance with section 
36.2 	524.3-1004, and the limitations in section 524.3-1006 do not apply. The personal 
36.3 	representative or any person with personal knowledge of the facts may provide and file or 
36.4 	record an affidavit in the same manner as provided for in clause (1).
36.5 	(4) Within one year after the date an order or decree is entered under section 524.3-1001 
36.6 	or 524.3-1002 or a closing statement is filed under section 524.3-1003, any person who has 
36.7 	an interest in property that was subject to administration by the estate may serve an amended 
36.8 	notice on the commissioner of human services or executive board commissioner of direct 
36.9 	care and treatment to add variations or other names of the decedent or a predeceased spouse 
36.10 	named in the notice, the name of a predeceased spouse omitted from the notice, to add or 
36.11 	correct the date of birth or Social Security number of a decedent or predeceased spouse 
36.12 	named in the notice, or to correct any other deficiency in a prior notice. The amended notice 
36.13 	must be served on the applicable commissioner or executive board in the same manner as 
36.14 	the original notice and must contain the information required for amendments under clause 
36.15 	(3). If the amendment adds the name of a predeceased spouse omitted from the notice, it 
36.16 	must also state that spouse's full name, date of birth, and Social Security number. Upon 
36.17 	service, the amended notice relates back to and is effective from the date the notice it amends 
36.18 	was served. If the amended notice adds the name of an omitted predeceased spouse or adds 
36.19 	or corrects the Social Security number or date of birth of the decedent or a predeceased 
36.20 	spouse already named in the notice, then, notwithstanding any other laws to the contrary, 
36.21 	claims against the decedent's estate on account of those persons resulting from the amendment 
36.22 	and arising under section 246.53, 256B.15, 256D.16, or 261.04 are undischarged and 
36.23 	unbarred claims, may be prosecuted by the entities entitled to file those claims in accordance 
36.24 	with section 524.3-1004, and the limitations in section 524.3-1006 do not apply. The person 
36.25 	filing the amendment or any other person with personal knowledge of the facts may provide 
36.26 	and file or record an affidavit describing affected real or personal property in the same 
36.27 	manner as clause (1).
36.28 	(5) After one year from the date an order or decree is entered under section 524.3-1001 
36.29 	or 524.3-1002, or a closing statement is filed under section 524.3-1003, no error, omission, 
36.30 	or defect of any kind in the notice to the commissioner of human services or executive board
36.31 	commissioner of direct care and treatment required under this paragraph or in the process 
36.32 	of service of the notice on the applicable commissioner or executive board, or the failure 
36.33 	to serve the applicable commissioner or executive board with notice as required by this 
36.34 	paragraph, makes any distribution of property by a personal representative void or voidable. 
37.1 	The distributee's title to the distributed property shall be free of any claims based upon a 
37.2 	failure to comply with this paragraph.
37.3 	(6) The local agency may consent to a personal representative's request to distribute 
37.4 	property subject to administration by the estate to distributees during the 70-day period after 
37.5 	service of notice on the applicable commissioner or executive board. The local agency may 
37.6 	grant or deny the request in whole or in part and may attach conditions to its consent as it 
37.7 	deems appropriate. When the local agency consents to a distribution, it shall give the estate 
37.8 	a written certificate evidencing its consent to the early distribution of assets at no cost. The 
37.9 	certificate must include the name, case number, and district court in which the estate is 
37.10 	pending, the name of the local agency, describe the specific real or personal property to 
37.11 	which the consent applies, state that the local agency consents to the distribution of the 
37.12 	specific property described in the consent during the 70-day period following service of the 
37.13 	notice on the applicable commissioner or executive board, state that the consent is 
37.14 	unconditional or list all of the terms and conditions of the consent, be dated, and may include 
37.15 	other contents as may be appropriate. The certificate must be signed by the director of the 
37.16 	local agency or the director's designees and is effective as of the date it is dated unless it 
37.17 	provides otherwise. The signature of the director or the director's designee does not require 
37.18 	any acknowledgment. The certificate shall be prima facie evidence of the facts it states, 
37.19 	may be attached to or combined with a deed or any other instrument of conveyance and, 
37.20 	when so attached or combined, shall constitute a single instrument. If the certificate describes 
37.21 	real property, it shall be accepted for recording or filing by the county recorder or registrar 
37.22 	of titles in the county in which the property is located. If the certificate describes real property 
37.23 	and is not attached to or combined with a deed or other instrument of conveyance, it shall 
37.24 	be accepted for recording or filing by the county recorder or registrar of titles in the county 
37.25 	in which the property is located. The certificate constitutes a waiver of the 70-day period 
37.26 	provided for in clause (2) with respect to the property it describes and is prima facie evidence 
37.27 	of service of notice on the applicable commissioner or executive board. The certificate is 
37.28 	not a waiver or relinquishment of any claims arising under section 246.53, 256B.15, 256D.16, 
37.29 	or 261.04, and does not otherwise constitute a waiver of any of the personal representative's 
37.30 	duties under this paragraph. Distributees who receive property pursuant to a consent to an 
37.31 	early distribution shall remain liable to creditors of the estate as provided for by law.
37.32 	(7) All affidavits provided for under this paragraph:
37.33 	(i) shall be provided by persons who have personal knowledge of the facts stated in the 
37.34 	affidavit;
38.1 	(ii) may be filed or recorded in the office of the county recorder or registrar of titles in 
38.2 	the county in which the real property they describe is located for the purpose of establishing 
38.3 	compliance with the requirements of this paragraph; and
38.4 	(iii) are prima facie evidence of the facts stated in the affidavit.
38.5 	(8) This paragraph applies to the estates of decedents dying on or after July 1, 1997. 
38.6 	Clause (5) also applies with respect to all notices served on the commissioner of human 
38.7 	services before July 1, 1997, under Laws 1996, chapter 451, article 2, section 55. All notices 
38.8 	served on the commissioner of human services before July 1, 1997, pursuant to Laws 1996, 
38.9 	chapter 451, article 2, section 55, shall be deemed to be legally sufficient for the purposes 
38.10 	for which they were intended, notwithstanding any errors, omissions or other defects.

38.11 	Sec. 35. Minnesota Statutes 2024, section 611.57, subdivision 2, is amended to read:
38.12 		Subd. 2.Membership. (a) The Certification Advisory Committee consists of the 
38.13 	following members:
38.14 	(1) a mental health professional, as defined in section 245I.02, subdivision 27, with 
38.15 	community behavioral health experience, appointed by the governor;
38.16 	(2) a board-certified forensic psychiatrist with experience in competency evaluations, 
38.17 	providing competency attainment services, or both, appointed by the governor;
38.18 	(3) a board-certified forensic psychologist with experience in competency evaluations, 
38.19 	providing competency attainment services, or both, appointed by the governor;
38.20 	(4) the president of the Minnesota Corrections Association or a designee;
38.21 	(5) the direct care and treatment deputy commissionerchief executive officer of direct 
38.22 	care and treatment or a designee;
38.23 	(6) the president of the Minnesota Association of County Social Service Administrators 
38.24 	or a designee;
38.25 	(7) the president of the Minnesota Association of Community Mental Health Providers 
38.26 	or a designee;
38.27 	(8) the president of the Minnesota Sheriffs' Association or a designee; and
38.28 	(9) the executive director of the National Alliance on Mental Illness Minnesota or a 
38.29 	designee.
39.1 	(b) Members of the advisory committee serve without compensation and at the pleasure 
39.2 	of the appointing authority. Vacancies shall be filled by the appointing authority consistent 
39.3 	with the qualifications of the vacating member required by this subdivision.

39.4 	Sec. 36. REVISOR INSTRUCTION.
 39.5 	The revisor of statutes shall renumber each provision of Minnesota Statutes listed in 
39.6 	column A to the number listed in column B.

39.7		Column A
	Column B
	
39.8		246B.01, subdivision 2b
	246B.01, subdivision 2f
	
39.9		246B.01, subdivision 2c
	246B.01, subdivision 2g
	
39.10		246B.01, subdivision 2d
	246B.01, subdivision 2h

39.11 	Sec. 37. REPEALER.
 39.12 	Minnesota Statutes 2024, sections 246B.01, subdivision 2; 252.021, subdivision 2; 
39.13 	253.195, subdivision 2; 253B.02, subdivision 7b; 253D.02, subdivision 7a; 254B.01, 
39.14 	subdivision 15; 256.045, subdivision 1a; and 256G.02, subdivision 5a, are repealed.

39.15 	Sec. 38. EFFECTIVE DATE.
 39.16 	This article is effective the day following final enactment.

	ARTICLE 1	COMMISSIONER OF DIRECT CARE AND TREATMENT........	Page.Ln 1.28	
	ARTICLE 2	CONFORMING CHANGES........	Page.Ln 13.25	

APPENDIX 

Repealed Minnesota Statutes: S0626-2 

246B.01 MINNESOTA SEX OFFENDER PROGRAM; DEFINITIONS.Subd. 2.Executive board. 
"Executive board" has the meaning given in section 246C.015. 

246C.015 DEFINITIONS.Subd. 5a.Direct Care and Treatment. 
"Direct Care and Treatment" means the agency of Direct Care and Treatment established under this chapter. 

Subd. 6.Executive board. 
"Executive board" means the Direct Care and Treatment executive board established under section 246C.06. 

246C.06 EXECUTIVE BOARD; MEMBERSHIP; GOVERNANCE.Subdivision 1.Establishment. 
The Direct Care and Treatment executive board is established. 

Subd. 2.Membership. 
(a) The Direct Care and Treatment executive board consists of nine members with seven voting members and two nonvoting members. The seven voting members must include six members appointed by the governor with the advice and consent of the senate in accordance with paragraph (b) and the commissioner of human services or a designee. The two nonvoting members must be appointed in accordance with paragraph (c). Section 15.0597 applies to all executive board appointments except for the commissioner of human services. 

(b) The executive board voting members appointed by the governor must meet the following qualifications: 

(1) one member must be a licensed physician who is a psychiatrist or has experience in serving behavioral health patients; 

(2) two members must have experience serving on a hospital or nonprofit board; and 

(3) three members must have experience working: (i) in the delivery of behavioral health services or care coordination or in traditional healing practices; (ii) as a licensed health care professional; (iii) within health care administration; or (iv) with residential services. 

(c) The executive board nonvoting members must be appointed as follows: 

(1) one member appointed by the Association of Counties; and 

(2) one member who has an active role as a union representative representing staff at Direct Care and Treatment appointed by joint representatives of the following unions: American Federation of State, County and Municipal Employees (AFSCME); Minnesota Association of Professional Employees (MAPE); Minnesota Nurses Association (MNA); Middle Management Association (MMA); and State Residential Schools Education Association (SRSEA). 

(d) Membership on the board must include representation from outside the seven-county metropolitan area, as defined in section 473.121, subdivision 2. 

(e) A voting member of the executive board must not be or must not have been within one year prior to appointment: (1) an employee of Direct Care and Treatment; (2) an employee of a county, including a county commissioner; (3) an active employee or representative of a labor union that represents employees of Direct Care and Treatment; or (4) a member of the state legislature. This paragraph does not apply to the nonvoting members or the commissioner of human services or designee. 

Subd. 3.Procedures. 
Except as otherwise provided in this section, the membership terms and removal and filling of vacancies for the executive board are governed by section 15.0575. 

Subd. 4.Compensation. 
(a) Notwithstanding section 15.0575, subdivision 3, paragraph (a), the nonvoting members of the executive board must not receive daily compensation for executive board activities. Nonvoting members of the executive board may receive expenses in the same manner and amount as authorized by the commissioner's plan adopted under section 43A.18, subdivision 2. Nonvoting members who, as a result of time spent attending board meetings, incur child care expenses that would not otherwise have been incurred may be reimbursed for those expenses upon board authorization. 

(b) Notwithstanding section 15.0575, subdivision 3, paragraph (a), the Compensation Council under section 15A.082 must determine the compensation for voting members of the executive board per day spent on executive board activities authorized by the executive board. Voting members of the executive board may also receive the expenses in the same manner and amount as authorized by the commissioner's plan adopted under section 43A.18, subdivision 2. Voting members who, as a result of time spent attending board meetings, incur child care expenses that would not otherwise have been incurred may be reimbursed for those expenses upon board authorization. 

(c) The commissioner of management and budget must publish the daily compensation rate for voting members of the executive board determined under paragraph (b) on the Department of Management and Budget's website. 

(d) Voting members of the executive board must adopt internal standards prescribing what constitutes a day spent on board activities for the purposes of making payments authorized under paragraph (b). 

(e) All other requirements under section 15.0575, subdivision 3, apply to the compensation of executive board members. 

Subd. 5.Acting chair; officers. 
(a) The governor shall designate one member from the voting membership appointed by the governor as acting chair of the executive board. 

(b) At the first meeting of the executive board, the executive board must elect a chair from among the voting membership appointed by the governor. 

(c) The executive board must annually elect a chair from among the voting membership appointed by the governor. 

(d) The executive board must elect officers from among the voting membership appointed by the governor. The elected officers shall serve for one year. 

Subd. 6.Terms. 
(a) Except for the commissioner of human services, executive board members must not serve more than two consecutive terms unless service beyond two consecutive terms is approved by the majority of voting members. The commissioner of human services or a designee shall serve until replaced by the governor. 

(b) An executive board member may resign at any time by giving written notice to the executive board. 

(c) The initial term of the member appointed under subdivision 2, paragraph (b), clause (1), is two years. The initial term of the members appointed under subdivision 2, paragraph (b), clause (2), is three years. The initial term of the members appointed under subdivision 2, paragraph (b), clause (3), and the members appointed under subdivision 2, paragraph (c), is four years. 

(d) After the initial term, the term length of all appointed executive board members is four years. 

Subd. 7.Conflicts of interest. 
Executive board members must recuse themselves from discussion of and voting on an official matter if the executive board member has a conflict of interest. A conflict of interest means an association, including a financial or personal association, that has the potential to bias or have the appearance of biasing an executive board member's decision in matters related to Direct Care and Treatment or the conduct of activities under this chapter. 

Subd. 8.Meetings. 
The executive board must meet at least four times per fiscal year at a place and time determined by the executive board. 

Subd. 9.Quorum. 
A majority of the voting members of the executive board constitutes a quorum. The affirmative vote of a majority of the voting members of the executive board is necessary and sufficient for action taken by the executive board. 

Subd. 10.Immunity; indemnification. 
(a) Members of the executive board are immune from civil liability for any act or omission occurring within the scope of the performance of their duties under this chapter. 

(b) When performing executive board duties or actions, members of the executive board are employees of the state for purposes of indemnification under section 3.736, subdivision 9. 

246C.07 POWERS AND DUTIES OF EXECUTIVE BOARD.Subd. 4.Creation of bylaws. 
The board may establish bylaws governing its operations and the operations of Direct Care and Treatment in accordance with this chapter. 

Subd. 5.Performance of chief executive officer. 
The governor may request that the executive board review the performance of the chief executive officer at any time. Within 14 days of receipt of the request, the board must meet and conduct a performance review as specifically requested by the governor. During the performance review, a representative of the governor must be included as a voting member of the board for the purpose of the board's discussions and decisions regarding the governor's request. The board must establish a performance improvement plan as necessary or take disciplinary or other corrective action, including dismissal. The executive board must report to the governor on action taken by the board, including an explanation if no action is deemed necessary. 

252.021 DEFINITION.Subd. 2.Executive board. 
"Executive board" has the meaning given in section 246C.015. 

253.195 DEFINITIONS.Subd. 2.Executive board. 
"Executive board" has the meaning given in section 246C.015. 

253B.02 DEFINITIONS.Subd. 7b.Executive board. 
"Executive board" has the meaning given in section 246C.015. 

253D.02 DEFINITIONS.Subd. 7a.Executive board. 
"Executive board" has the meaning given under section 246C.015. 

254B.01 DEFINITIONS.Subd. 15.Executive board. 
"Executive board" has the meaning given in section 246C.015. 

256.045 ADMINISTRATIVE AND JUDICIAL REVIEW OF HUMAN SERVICES MATTERS.Subd. 1a.Direct Care and Treatment executive board or executive board. 
For purposes of this section, "Direct Care and Treatment executive board" or "executive board" means the Direct Care and Treatment executive board established under section 246C.06. 

256G.02 DEFINITIONS.Subd. 5a.Direct Care and Treatment executive board or executive board. 
"Direct Care and Treatment executive board" or "executive board" means the Direct Care and Treatment executive board established under section 246C.06. 

Repealed Minnesota Session Laws: S0626-2 

Laws 2024, chapter 125, article 5, section 40
Sec. 40. DIRECT CARE AND TREATMENT ADVISORY COMMITTEE. 
(a) The Direct Care and Treatment executive board under Minnesota Statutes, section 246C.07, shall establish an advisory committee to provide state legislators, counties, union representatives, the National Alliance on Mental Illness Minnesota, people being served by direct care and treatment programs, and other stakeholders the opportunity to advise the executive board regarding the operation of Direct Care and Treatment. 

(b) The members of the advisory committee must be appointed as follows: 

(1) one member appointed by the speaker of the house; 

(2) one member appointed by the minority leader of the house of representatives; 

(3) two members appointed by the senate Committee on Committees, one member representing the majority caucus and one member representing the minority caucus; 

(4) one member appointed by the Association of Minnesota Counties; 

(5) one member appointed by joint representatives of the American Federation of State and Municipal Employees, the Minnesota Association of Professional Employees, the Minnesota Nurses Association, the Middle Management Association, and the State Residential Schools Education Association; 

(6) one member appointed by the National Alliance on Mental Illness Minnesota; and 

(7) two members representing people with lived experience being served by state-operated treatment programs or their families, appointed by the governor. 

(c) Appointing authorities under paragraph (b) shall make appointments by January 1, 2026. 

(d) The first meeting of the advisory committee must be held no later than January 15, 2026. The members of the advisory committee shall elect a chair from among their membership at the first meeting. The advisory committee shall meet as frequently as it determines necessary. 

(e) The executive board shall regularly consult with the advisory committee. 

(f) The advisory committee under this section expires December 31, 2027. 

Laws 2024, chapter 125, article 5, section 41
Sec. 41. INITIAL APPOINTMENTS AND COMPENSATION OF THE DIRECT CARE AND TREATMENT EXECUTIVE BOARD AND CHIEF EXECUTIVE OFFICER. Subdivision 1.Executive board. 
(a) The initial appointments of the members of the Direct Care and Treatment executive board under Minnesota Statutes, section 246C.06, must be made by January 1, 2025. 

(b) Prior to the first Compensation Council determination of the daily compensation rate for voting members of the executive board under Minnesota Statutes, section 246C.06, subdivision 4, paragraph (b), voting members of the executive board must be paid the per diem rate provided for in Minnesota Statutes, section 15.0575, subdivision 3, paragraph (a). 

(c) The executive board is exempt from Minnesota Statutes, section 13D.01, until the authority and responsibilities for Direct Care and Treatment are transferred to the executive board in accordance with Minnesota Statutes, section 246C.04. 

Subd. 2.Chief executive officer. 
(a) The Direct Care and Treatment executive board must appoint as the initial chief executive officer for Direct Care and Treatment under Minnesota Statutes, section 246C.07, the chief executive officer of the direct care and treatment division of the Department of Human Services holding that position at the time the initial appointment is made by the board. The initial appointment of the chief executive officer must be made by the executive board by July 1, 2025. The initial appointment of the chief executive officer is subject to confirmation by the senate. 

(b) In its report issued April 1, 2025, the Compensation Council under Minnesota Statutes, section 15A.082, must establish the salary of the chief executive officer at an amount equal to or greater than the amount paid to the chief executive officer of the direct care and treatment division of the Department of Human Services as of the date of initial appointment. The salary of the chief executive officer shall become effective July 1, 2025, pursuant to Minnesota Statutes, section 15A.082, subdivision 3. Notwithstanding Minnesota Statutes, sections 15A.082 and 246C.08, subdivision 1, if the initial appointment of the chief executive officer occurs prior to the effective date of the salary specified by the Compensation Council in its April 1, 2025, report, the salary of the chief executive officer must equal the amount paid to the chief executive officer of the direct care and treatment division of the Department of Human Services as of the date of initial appointment. 

Subd. 3.Commissioner of human services to consult. 
In preparing the budget estimates required under Minnesota Statutes, section 16A.10, for the direct care and treatment division for the 2026-2027 biennial budget and any legislative proposals for the 2025 legislative session that involve direct care and treatment operations, the commissioner of human services must consult with the Direct Care and Treatment executive board before submitting the budget estimates or legislative proposals. If the executive board is not appointed by the date the budget estimates must be submitted to the commissioner of management and budget, the commissioner of human services must provide the executive board with a summary of the budget estimates that were submitted. 

EFFECTIVE DATE. 
This section is effective July 1, 2024. 

Laws 2024, chapter 127, article 50, section 40
Sec. 40. DIRECT CARE AND TREATMENT ADVISORY COMMITTEE. 
(a) The Direct Care and Treatment executive board under Minnesota Statutes, section 246C.07, shall establish an advisory committee to provide state legislators, counties, union representatives, the National Alliance on Mental Illness Minnesota, people being served by direct care and treatment programs, and other stakeholders the opportunity to advise the executive board regarding the operation of Direct Care and Treatment. 

(b) The members of the advisory committee must be appointed as follows: 

(1) one member appointed by the speaker of the house; 

(2) one member appointed by the minority leader of the house of representatives; 

(3) two members appointed by the senate Committee on Committees, one member representing the majority caucus and one member representing the minority caucus; 

(4) one member appointed by the Association of Minnesota Counties; 

(5) one member appointed by joint representatives of the American Federation of State and Municipal Employees, the Minnesota Association of Professional Employees, the Minnesota Nurses Association, the Middle Management Association, and the State Residential Schools Education Association; 

(6) one member appointed by the National Alliance on Mental Illness Minnesota; and 

(7) two members representing people with lived experience being served by state-operated treatment programs or their families, appointed by the governor. 

(c) Appointing authorities under paragraph (b) shall make appointments by January 1, 2026. 

(d) The first meeting of the advisory committee must be held no later than January 15, 2026. The members of the advisory committee shall elect a chair from among their membership at the first meeting. The advisory committee shall meet as frequently as it determines necessary. 

(e) The executive board shall regularly consult with the advisory committee. 

(f) The advisory committee under this section expires December 31, 2027. 

Laws 2024, chapter 127, article 50, section 41 Subdivisions 1, 3, 
Sec. 41. INITIAL APPOINTMENTS AND COMPENSATION OF THE DIRECT CARE AND TREATMENT EXECUTIVE BOARD AND CHIEF EXECUTIVE OFFICER. Subdivision 1.Executive board. 
(a) The initial appointments of the members of the Direct Care and Treatment executive board under Minnesota Statutes, section 246C.06, must be made by January 1, 2025. 

(b) Prior to the first Compensation Council determination of the daily compensation rate for voting members of the executive board under Minnesota Statutes, section 246C.06, subdivision 4, paragraph (b), voting members of the executive board must be paid the per diem rate provided for in Minnesota Statutes, section 15.0575, subdivision 3, paragraph (a). 

(c) The executive board is exempt from Minnesota Statutes, section 13D.01, until the authority and responsibilities for Direct Care and Treatment are transferred to the executive board in accordance with Minnesota Statutes, section 246C.04. 

Subd. 3.Commissioner of human services to consult. 
In preparing the budget estimates required under Minnesota Statutes, section 16A.10, for the direct care and treatment division for the 2026-2027 biennial budget and any legislative proposals for the 2025 legislative session that involve direct care and treatment operations, the commissioner of human services must consult with the Direct Care and Treatment executive board before submitting the budget estimates or legislative proposals. If the executive board is not appointed by the date the budget estimates must be submitted to the commissioner of management and budget, the commissioner of human services must provide the executive board with a summary of the budget estimates that were submitted. 

Laws 2024, chapter 79, article 1, section 20
Sec. 20. Minnesota Statutes 2023 Supplement, section 246C.03, subdivision 2, is amended to read:Subd. 2.Development of Department of Direct Care and Treatment Board. 
(a) The commissioner of human services shall prepare legislation for introduction during the 2024 legislative session, with input from stakeholders the commissioner deems necessary, proposing legislation for the creation and implementation of the Direct Care and Treatment executive board and defining the responsibilities, powers, and function of the Department of Direct Care and Treatment executive board. 

(b) The Department of Direct Care and Treatment executive board shall consist of no more than five members, all appointed by the governor. 

(c) An executive board member's qualifications must be appropriate for overseeing a complex behavioral health system, such as experience serving on a hospital or non-profit board, serving as a public sector labor union representative, experience in delivery of behavioral health services or care coordination, or working as a licensed health care provider, in an allied health profession, or in health care administration.