Engrossments
Introduction PDF	Posted on 01/23/2025
1st Engrossment PDF	Posted on 02/03/2025
2nd Engrossment PDF	Posted on 03/20/2025

ARTICLE 1

COMMISSIONER OF DIRECT CARE AND TREATMENT

Section 1.

Minnesota Statutes 2024, section 10.65, subdivision 2, is amended to read:

Subd. 2.

Definitions.

As used in this section, the following terms have the meanings
given:

(1) "agency" means the Department of Administration; Department of Agriculture;
Department of Children, Youth, and Families; Department of Commerce; Department of
Corrections; new text begin Department of Direct Care and Treatment; new text end Department of Education; Department
of Employment and Economic Development; Department of Health; Office of Higher
Education; Housing Finance Agency; Department of Human Rights; Department of Human
Services; Department of Information Technology Services; Department of Iron Range
Resources and Rehabilitation; Department of Labor and Industry; Minnesota Management
and Budget; Bureau of Mediation Services; Department of Military Affairs; Metropolitan
Council; Department of Natural Resources; Pollution Control Agency; Department of Public
Safety; Department of Revenue; Department of Transportation; Department of Veterans
Affairs; deleted text begin Direct Care and Treatment;deleted text end Gambling Control Board; Racing Commission; the
Minnesota Lottery; the Animal Health Board; the Public Utilities Commission; and the
Board of Water and Soil Resources;

(2) "consultation" means the direct and interactive involvement of the Minnesota Tribal
governments in the development of policy on matters that have Tribal implications.
Consultation is the proactive, affirmative process of identifying and seeking input from
appropriate Tribal governments and considering their interest as a necessary and integral
part of the decision-making process. This definition adds to statutorily mandated notification
procedures. During a consultation, the burden is on the agency to show that it has made a
good faith effort to elicit feedback. Consultation is a formal engagement between agency
officials and the governing body or bodies of an individual Minnesota Tribal government
that the agency or an individual Tribal government may initiate. Formal meetings or
communication between top agency officials and the governing body of a Minnesota Tribal
government is a necessary element of consultation;

(3) "matters that have Tribal implications" means rules, legislative proposals, policy
statements, or other actions that have substantial direct effects on one or more Minnesota
Tribal governments, or on the distribution of power and responsibilities between the state
and Minnesota Tribal governments;

(4) "Minnesota Tribal governments" means the federally recognized Indian Tribes located
in Minnesota including: Bois Forte Band; Fond Du Lac Band; Grand Portage Band; Leech
Lake Band; Mille Lacs Band; White Earth Band; Red Lake Nation; Lower Sioux Indian
Community; Prairie Island Indian Community; Shakopee Mdewakanton Sioux Community;
and Upper Sioux Community; and

(5) "timely and meaningful" means done or occurring at a favorable or useful time that
allows the result of consultation to be included in the agency's decision-making process for
a matter that has Tribal implications.

Sec. 2.

Minnesota Statutes 2024, section 15.01, is amended to read:

15.01 DEPARTMENTS OF THE STATE.

The following agencies are designated as the departments of the state government: the
Department of Administration; the Department of Agriculture; the Department of Children,
Youth, and Families; the Department of Commerce; the Department of Corrections; new text begin the
Department of Direct Care and Treatment; new text end the Department of Education; the Department
of Employment and Economic Development; the Department of Health; the Department of
Human Rights; the Department of Human Services; the Department of Information
Technology Services; the Department of Iron Range Resources and Rehabilitation; the
Department of Labor and Industry; the Department of Management and Budget; the
Department of Military Affairs; the Department of Natural Resources; the Department of
Public Safety; the Department of Revenue; the Department of Transportation; the Department
of Veterans Affairs; and their successor departments.

Sec. 3.

Minnesota Statutes 2024, section 15.06, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

This section applies to the following departments or
agencies: the Departments of Administration; Agriculture; Children, Youth, and Families;
Commerce; Corrections; new text begin Direct Care and Treatment; new text end Education; Employment and Economic
Development; Health; Human Rights; Human Services; Iron Range Resources and
Rehabilitation; Labor and Industry; Management and Budget; Natural Resources; Public
Safety; Revenue; Transportation; and Veterans Affairs; the Housing Finance and Pollution
Control Agencies; the Department of Information Technology Services; the Bureau of
Mediation Services; and their successor departments and agencies. The heads of the foregoing
departments or agencies are "commissioners."

Sec. 4.

Minnesota Statutes 2024, section 43A.241, is amended to read:

43A.241 INSURANCE CONTRIBUTIONS; FORMER EMPLOYEES.

(a) This section applies to a person who:

(1) was employed by the commissioner of corrections, the commissioner of human
services, or the new text begin commissioner of new text end direct care and treatment deleted text begin executive boarddeleted text end ;

(2) was covered by the correctional employee retirement plan under section 352.91 or
the general state employees retirement plan of the Minnesota State Retirement System as
defined in section 352.021;

(3) while employed under clause (1), was assaulted by:

(i) a person under correctional supervision for a criminal offense; or

(ii) a client or patient at the Minnesota Sex Offender Program, or at a state-operated
forensic services program as defined in section 352.91, subdivision 3j; and

(4) as a direct result of the assault under clause (3), was determined to be totally and
permanently physically disabled under laws governing the Minnesota State Retirement
System.

(b) For a person to whom this section applies, the commissioner of corrections, the
commissioner of human services, or the new text begin commissioner of new text end direct care and treatment deleted text begin executive
boarddeleted text end , using existing budget resources, must continue to make the employer contribution
for medical and dental benefits under the State Employee Group Insurance Program after
the person terminates state service. If the person had dependent coverage at the time of
terminating state service, employer contributions for dependent coverage also must continue
under this section. The employer contributions must be in the amount of the employer
contribution for active state employees at the time each payment is made. The employer
contributions must continue until the person reaches age 65, provided the person makes the
required employee contributions, in the amount required of an active state employee, at the
time and in the manner specified by the commissioner deleted text begin or executive boarddeleted text end .

Sec. 5.

Minnesota Statutes 2024, section 246C.01, is amended to read:

246C.01 TITLE.

This chapter may be cited as the "new text begin Department of new text end Direct Care and Treatment Act."

Sec. 6.

Minnesota Statutes 2024, section 246C.015, subdivision 3, is amended to read:

Subd. 3.

Commissioner.

"Commissioner" means the commissioner of deleted text begin human servicesdeleted text end new text begin
direct care and treatmentnew text end .

Sec. 7.

Minnesota Statutes 2024, section 246C.015, is amended by adding a subdivision
to read:

new text begin Subd. 5b. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Direct Care and
Treatment.
new text end

Sec. 8.

Minnesota Statutes 2024, section 246C.02, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

new text begin The Department ofnew text end Direct Care and Treatment is deleted text begin created
as an agency headed by an executive boarddeleted text end new text begin establishednew text end .

Sec. 9.

Minnesota Statutes 2024, section 246C.04, subdivision 2, is amended to read:

Subd. 2.

Transfer of custody of civilly committed persons.

The commissioner of
human services shall continue to exercise all authority and responsibility for and retain
custody of persons subject to civil commitment under chapter 253B or 253D until July 1,
2025. Effective July 1, 2025, custody of persons subject to civil commitment under chapter
253B or 253D and in the custody of the commissioner of human services as of that date is
hereby transferred to the deleted text begin executive boarddeleted text end new text begin commissionernew text end without any further act or proceeding.
Authority and responsibility for the commitment of such persons is transferred to the
deleted text begin executive boarddeleted text end new text begin commissionernew text end July 1, 2025.

Sec. 10.

Minnesota Statutes 2024, section 246C.04, subdivision 3, is amended to read:

Subd. 3.

Control of direct care and treatment.

The commissioner of human services
shall continue to exercise all authorities and responsibilities under this chapter and chapters
13, 245, 246, 246B, 252, 253, 253B, 253C, 253D, 254A, 254B, and 256, with reference to
any state-operated service, program, or facility subject to transfer under Laws 2024, chapter
79; Laws 2024, chapter 125, article 5; and Laws 2024, chapter 127, article 50, until July 1,
2025. Effective July 1, 2025, the powers and duties vested in or imposed upon the
commissioner of human services with reference to any state-operated service, program, or
facility are hereby transferred to, vested in, and imposed upon the deleted text begin executive boarddeleted text end new text begin
commissionernew text end according to this chapter and applicable state law. Effective July 1, 2025, the
deleted text begin executive boarddeleted text end new text begin commissionernew text end has the exclusive power of administration and management
of all state hospitals for persons with a developmental disability, mental illness, or substance
use disorder. Effective July 1, 2025, the deleted text begin executive boarddeleted text end new text begin commissionernew text end has the power and
authority to determine all matters relating to the development of all of the foregoing
institutions and of such other institutions vested in the deleted text begin executive boarddeleted text end new text begin commissionernew text end .
Effective July 1, 2025, the powers, functions, and authority vested in the commissioner of
human services relative to such state institutions are transferred to the deleted text begin executive boarddeleted text end new text begin
commissionernew text end according to this chapter and applicable state law.

Sec. 11.

Minnesota Statutes 2024, section 246C.07, subdivision 1, is amended to read:

Subdivision 1.

Generally.

(a) The deleted text begin executive boarddeleted text end new text begin commissionernew text end must operate the
deleted text begin agencydeleted text end new text begin departmentnew text end according to this chapter and applicable state and federal law. The overall
management and control of the deleted text begin agencydeleted text end new text begin departmentnew text end is vested in the deleted text begin executive boarddeleted text end new text begin
commissionernew text end in accordance with this chapter.

(b) The deleted text begin executive boarddeleted text end new text begin commissionernew text end must appoint a chief executive officer according
to section 246C.08. The chief executive officer is responsible for the administrative and
operational duties of new text begin the Department of new text end Direct Care and Treatment in accordance with this
chapternew text begin and serves as the deputy commissioner for the purposes of section 15.06 and as
deputy agency head for the purposes of section 43A.08new text end .

(c) The deleted text begin executive boarddeleted text end new text begin commissionernew text end may delegate duties imposed by this chapter and
under applicable state and federal law as deemed appropriate by the deleted text begin boarddeleted text end new text begin commissionernew text end
and in accordance with this chapter. Any delegation of a specified statutory duty or power
to an employee of new text begin the Department of new text end Direct Care and Treatment other than the chief executive
officer must be made by written order and filed with the secretary of state. Only the chief
executive officer shall have the powers and duties of the deleted text begin executive boarddeleted text end new text begin commissionernew text end as
specified in section 246C.08.

Sec. 12.

Minnesota Statutes 2024, section 246C.07, subdivision 2, is amended to read:

Subd. 2.

Principles.

The deleted text begin executive boarddeleted text end new text begin commissionernew text end , in undertaking deleted text begin itsdeleted text end new text begin the
commissioner'snew text end duties and responsibilities and within new text begin the Department of new text end Direct Care and
Treatment resources, shall act according to the following principles:

(1) prevent the waste or unnecessary spending of public money;

(2) use innovative fiscal and human resource practices to manage the state's resources
and operate the deleted text begin agencydeleted text end new text begin departmentnew text end as efficiently as possible;

(3) coordinate new text begin Department of new text end Direct Care and Treatment activities wherever appropriate
with the activities of other governmental agencies;

(4) use technology where appropriate to increase deleted text begin agencydeleted text end new text begin departmentnew text end productivity, improve
customer service, increase public access to information about government, and increase
public participation in the business of government; and

(5) utilize constructive and cooperative labor management practices to the extent
otherwise required by chapter 43A or 179A.

Sec. 13.

Minnesota Statutes 2024, section 246C.07, subdivision 8, is amended to read:

Subd. 8.

Biennial estimates; suggestions for legislation.

The deleted text begin executive boarddeleted text end new text begin
commissionernew text end shall prepare, for the use of the legislature, biennial estimates of appropriations
necessary or expedient to be made for the support of the institutions and for extraordinary
and special expenditures for buildings and other improvements. The deleted text begin executive boarddeleted text end new text begin
commissionernew text end shall make suggestions relative to legislation for the benefit of the institutions.
The deleted text begin executive boarddeleted text end new text begin commissionernew text end shall report the estimates and suggestions to the legislature
on or before November 15 in each even-numbered year. deleted text begin A designee of the executive boarddeleted text end new text begin
The commissionernew text end on request shall appear before any legislative committee and furnish any
required information in regard to the condition of any such institution.

Sec. 14.

new text begin [246C.075] ADVISORY COUNCIL ON DIRECT CARE AND TREATMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin An Advisory Council on Direct Care and Treatment is
established.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The Advisory Council on Direct Care and Treatment must
consist of no more than 15 members appointed as provided in section 15.0597. The advisory
council must include:
new text end

new text begin (1) one member who is a licensed physician with experience serving behavioral health
patients or a licensed psychiatrist, appointed by the commissioner;
new text end

new text begin (2) two members with executive management experience at a hospital or health care
system, or experience serving on the board of a hospital or health care system, appointed
by the commissioner;
new text end

new text begin (3) three members, each appointed by the commissioner, who have experience working:
new text end

new text begin (i) in the delivery of behavioral health services;
new text end

new text begin (ii) in care coordination;
new text end

new text begin (iii) in traditional healing practices;
new text end

new text begin (iv) as a licensed health care professional;
new text end

new text begin (v) within health care administration; or
new text end

new text begin (vi) with residential services;
new text end

new text begin (4) one member appointed by the Association of Counties;
new text end

new text begin (5) one member who has an active role as a union representative representing staff at
the Department of 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);
new text end

new text begin (6) one member appointed by the National Alliance on Mental Illness Minnesota;
new text end

new text begin (7) two members representing people with lived experience being served by state-operated
treatment programs or their families, appointed by the commissioner;
new text end

new text begin (8) one member appointed by the Minnesota Disability Law Center; and
new text end

new text begin (9) up to three additional members appointed by the commissioner reflecting community
interests or perspectives the commissioner deems valuable.
new text end

new text begin (b) Membership on the advisory council must include representation from outside the
seven-county metropolitan area, as defined in section 473.121, subdivision 2.
new text end

new text begin (c) Appointing authorities under paragraph (a) must make initial appointments by
September 1, 2025.
new text end

new text begin Subd. 3. new text end

new text begin Terms; compensation; removal; vacancies; expiration. new text end

new text begin (a) The membership
terms, compensation, removal of members, and filling of vacancies of members are as
provided in section 15.059, except that council members shall not receive a per diem.
new text end

new text begin (b) The advisory council does not expire.
new text end

new text begin Subd. 4. new text end

new text begin Meetings. new text end

new text begin (a) The members of the advisory council shall elect a chair from
among their membership at the first meeting and annually thereafter or upon a vacancy in
the chair. The advisory council shall meet at the call of the commissioner, the call of the
chair, or upon the call of a majority of members.
new text end

new text begin (b) The first meeting of the advisory council must be held no later than September 15,
2025.
new text end

new text begin Subd. 5. new text end

new text begin Duties. new text end

new text begin The advisory council shall advise the commissioner regarding the
operations of the Department of Direct Care and Treatment, the clinical standards of care
for patients and clients of state-operated programs, and provide recommendations to the
commissioner for improving the department's role in the state's mental health care system.
new text end

Sec. 15.

Minnesota Statutes 2024, section 246C.08, is amended to read:

246C.08 CHIEF EXECUTIVE OFFICER; SERVICE; DUTIES.

Subdivision 1.

Service.

(a) The direct care and treatment chief executive officer is
appointed by the deleted text begin executive board, in consultation with the governor, and serves at the
pleasure of the executive board, with the advice and consent of the senatedeleted text end new text begin commissioner,
and is the deputy commissioner for the purposes of section 15.06new text end .

(b) The chief executive officer shall serve in the unclassified service in accordance with
section 43A.08. The Compensation Council under section 15A.082 shall establish the salary
of the chief executive officer.

Subd. 2.

Powers and duties.

(a) The chief executive officer's primary duty is to assist
the deleted text begin executive boarddeleted text end new text begin commissionernew text end . The chief executive officer is responsible for the
administrative and operational management of the agency.

deleted text begin (b) The chief executive officer shall have all the powers of the executive board unless
the executive board directs otherwise. The chief executive officer shall have the authority
to speak for the executive board and Direct Care and Treatment within and outside the
agency.
deleted text end

deleted text begin (c)deleted text end new text begin (b)new text end In the event that a vacancy occurs for any reason within the chief executive officer
position, the executive medical director appointed under section 246C.09 shall immediately
become the temporary chief executive officer until the deleted text begin executive boarddeleted text end new text begin commissionernew text end
appoints a new chief executive officer. During this period, the executive medical director
shall have all the powers and authority delegated to the chief executive officer by the deleted text begin boarddeleted text end new text begin
commissionernew text end and specified in this chapter.

new text begin Subd. 3. new text end

new text begin Minimum qualifications. new text end

new text begin The chief executive officer must be selected by the
commissioner without regard to political affiliation and must have wide and successful
administrative experience in and understanding of health care, preferably behavioral health
care, including clinical and operational needs of a large health care service and delivery
organization.
new text end

Sec. 16.

Minnesota Statutes 2024, section 246C.09, subdivision 3, is amended to read:

Subd. 3.

Duties.

The executive medical director shall:

(1) oversee the clinical provision of inpatient mental health services provided in the
state's regional treatment centers;

(2) recruit and retain psychiatrists to serve on the deleted text begin Direct Care and Treatmentdeleted text end new text begin departmentnew text end
medical staff established in subdivision 4;

(3) consult with the deleted text begin executive board, the chief executive officer,deleted text end new text begin commissioner, the chief
executive officer,new text end and community mental health center directors to develop standards for
treatment and care of patients in state-operated service programs;

(4) develop and oversee a continuing education program for members of the medical
staff; and

(5) participate and cooperate in the development and maintenance of a quality assurance
program for state-operated services that assures that residents receive continuous quality
inpatient, outpatient, and postdischarge care.

Sec. 17.

Minnesota Statutes 2024, section 246C.091, subdivision 2, is amended to read:

Subd. 2.

Facilities management account.

A facilities management account is created
in the special revenue fund of the state treasury. Beginning July 1, 2025, money in the
account is appropriated to thenew text begin commissioner ofnew text end direct care and treatment deleted text begin executive boarddeleted text end
and may be used to maintain buildings, acquire facilities, renovate existing buildings, or
acquire land for the design and construction of buildings for deleted text begin Direct Care and Treatmentdeleted text end new text begin
departmentnew text end use. Money received for maintaining state property under control of the deleted text begin executive
boarddeleted text end new text begin commissionernew text end may be deposited into this account.

Sec. 18.

Minnesota Statutes 2024, section 246C.091, subdivision 3, is amended to read:

Subd. 3.

Direct care and treatment systems account.

(a) The direct care and treatment
systems account is created in the special revenue fund of the state treasury. Beginning July
1, 2025, money in the account is appropriated to the new text begin commissioner of new text end direct care and
treatment deleted text begin executive boarddeleted text end and may be used for security systems and information technology
projects, services, and support under the control of the deleted text begin executive boarddeleted text end new text begin commissionernew text end .

(b) The commissioner of human services shall transfer all money allocated to the direct
care and treatment systems projects under section 256.014 to the direct care and treatment
systems account new text begin under this section new text end by June 30, 2026.

Sec. 19.

Minnesota Statutes 2024, section 246C.091, subdivision 4, is amended to read:

Subd. 4.

Cemetery maintenance account.

The cemetery maintenance account is created
in the special revenue fund of the state treasury. Money in the account is appropriated to
the deleted text begin executive boarddeleted text end new text begin commissioner of direct care and treatmentnew text end for the maintenance of
cemeteries under control of the deleted text begin executive boarddeleted text end new text begin commissionernew text end . Money allocated to deleted text begin Direct
Care and Treatmentdeleted text end new text begin departmentnew text end cemeteries may be transferred to this account.

Sec. 20.

Laws 2024, chapter 127, article 50, section 41, subdivision 2, is amended to read:

Subd. 2.

Chief executive officer.

(a) The new text begin commissioner of new text end direct care and treatment
deleted text begin executive boarddeleted text end must appoint as the initial chief executive officer for direct care and treatment
under Minnesota Statutes, section deleted text begin 246C.07deleted text end new text begin 246C.08new text end , 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 deleted text begin boarddeleted text end new text begin commissionernew text end . The initial appointment
of the chief executive officer must be made by the deleted text begin executive boarddeleted text end new text begin commissionernew text end by July
1, 2025. deleted text begin The initial appointment of the chief executive officer is subject to confirmation by
the senate.
deleted text end

(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.

Sec. 21. new text begin INITIAL APPOINTMENT OF COMMISSIONER OF DIRECT CARE
AND TREATMENT.
new text end

new text begin The initial appointment of a commissioner of direct care and treatment or initial
designation of a temporary commissioner of direct care and treatment by the governor under
Minnesota Statutes, section 15.06, must be made by July 1, 2025. Notwithstanding Minnesota
Statutes, section 15.066, subdivision 2, clause (4), the initial appointment of a commissioner
of direct care and treatment or initial designation of a temporary commissioner of direct
care and treatment is effective no earlier than July 1, 2025.
new text end

Sec. 22. new text begin SALARY FOR THE COMMISSIONER OF THE DEPARTMENT OF
DIRECT CARE AND TREATMENT.
new text end

new text begin If the initial appointment of the commissioner of the Department of Direct Care and
Treatment occurs prior to the commissioner's salary being determined by the Compensation
Council under Minnesota Statutes, section 15A.082, the commissioner's salary must equal
the salary of the chief executive officer of direct care and treatment, as determined under
Minnesota Statutes, section 15A.0815, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
expires upon adoption by the Compensation Council of a salary for the position of
commissioner of the Department of Direct Care and Treatment.
new text end

Sec. 23. new text begin DISSOLUTION OF THE DIRECT CARE AND TREATMENT EXECUTIVE
BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Dissolution of executive board. new text end

new text begin Upon the effective date of this section,
the direct care and treatment executive board under Minnesota Statutes, section 246C.06,
is dissolved.
new text end

new text begin Subd. 2. new text end

new text begin Transfer of duties. new text end

new text begin (a) Any authorities and responsibilities that were vested
in the executive board prior to July 1, 2025, are transferred to the commissioner of human
services. Minnesota Statutes, section 15.039, applies to the transfer of responsibilities from
the direct care and treatment executive board to the commissioner of human services between
the effective date of this section and July 1, 2025.
new text end

new text begin (b) Minnesota Statutes, section 246C.04, governs the transfer of authority and
responsibility on July 1, 2025, from the commissioner of human services to the commissioner
of direct care and treatment.
new text end

Sec. 24. new text begin REVISOR INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall change the term "Direct Care and Treatment" to "the
Department of Direct Care and Treatment" and "agency" to "department" wherever the
terms appear in respect to the governmental entity with programmatic direction and fiscal
control over state-operated services, programs, or facilities under Minnesota Statutes, chapter
246C. The revisor may make technical and other necessary changes to sentence structure
to preserve the meaning of the text.
new text end

new text begin (b) The revisor of statutes shall change the term "executive board" to "commissioner"
and "Direct Care and Treatment executive board" to "commissioner of direct care and
treatment" wherever the terms appear in respect to the head of the governmental entity with
programmatic direction and fiscal control over state-operated services, programs, or facilities
under Minnesota Statutes, chapter 246C. The revisor may make technical and other necessary
changes to sentence structure to preserve the meaning of the text.
new text end

Sec. 25. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes, in consultation with the House Research Department; the Office
of Senate Counsel, Research and Fiscal Analysis; the Department of Human Services; and
the Department of Direct Care and Treatment, shall make necessary cross-reference changes
to conform with this act. The revisor may make technical and other necessary changes to
sentence structure to preserve the meaning of the text. The revisor may alter the coding in
this act to incorporate statutory changes made by other law in the 2025 regular legislative
session.
new text end

Sec. 26. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes, section 246C.06, subdivision
11, as Minnesota Statutes, section 246C.07, subdivision 4a, and correct all cross-references.
new text end

Sec. 27. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2024, sections 246C.015, subdivisions 5a and 6; 246C.06,
subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10; and 246C.07, subdivisions 4 and 5, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Laws 2024, chapter 79, article 1, section 20, new text end new text begin is repealed.
new text end

new text begin (c) new text end new text begin Laws 2024, chapter 125, article 5, sections 40; and 41; and Laws 2024, chapter 127,
article 50, sections 40; and 41, subdivisions 1, and 3, new text end new text begin are repealed retroactive to July 1,
2024.
new text end

Sec. 28. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective the day following final enactment.
new text end

ARTICLE 2

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2024, section 15A.0815, subdivision 2, is amended to read:

Subd. 2.

Agency head salaries.

The salary for a position listed in this subdivision shall
be determined by the Compensation Council under section 15A.082. The commissioner of
management and budget must publish the salaries on the department's website. This
subdivision applies to the following positions:

Commissioner of administration;

Commissioner of agriculture;

Commissioner of education;

Commissioner of children, youth, and families;

Commissioner of commerce;

Commissioner of corrections;

Commissioner of health;

Commissioner, Minnesota Office of Higher Education;

Commissioner, Minnesota IT Services;

Commissioner, Housing Finance Agency;

Commissioner of human rights;

Commissioner of human services;

Commissioner of labor and industry;

Commissioner of management and budget;

Commissioner of natural resources;

Commissioner, Pollution Control Agency;

Commissioner of public safety;

Commissioner of revenue;

Commissioner of employment and economic development;

Commissioner of transportation;

Commissioner of veterans affairs;

new text begin Commissioner of direct care and treatment;
new text end

Executive director of the Gambling Control Board;

Executive director of the Minnesota State Lottery;

Executive director of the Office of Cannabis Management;

Commissioner of Iron Range resources and rehabilitation;

Commissioner, Bureau of Mediation Services;

Ombudsman for mental health and developmental disabilities;

Ombudsperson for corrections;

Chair, Metropolitan Council;

Chair, Metropolitan Airports Commission;

School trust lands director;

Executive director of pari-mutuel racing;

Commissioner, Public Utilities Commission;

deleted text begin Chief Executive Officer, Direct Care and Treatment;deleted text end and

Director of the Office of Emergency Medical Services.

Sec. 2.

Minnesota Statutes 2024, section 15A.082, subdivision 1, is amended to read:

Subdivision 1.

Creation.

A Compensation Council is created each odd-numbered year
to establish the compensation of constitutional officers and the heads of state and metropolitan
agencies identified in section 15A.0815deleted text begin ,deleted text end new text begin andnew text end to assist the legislature in establishing the
compensation of justices of the supreme court and judges of the court of appeals and district
courtdeleted text begin , and to determine the daily compensation for voting members of the Direct Care and
Treatment executive boarddeleted text end .

Sec. 3.

Minnesota Statutes 2024, section 15A.082, subdivision 3, is amended to read:

Subd. 3.

Submission of recommendations and determination.

(a) By April 1 in each
odd-numbered year, the Compensation Council shall submit to the speaker of the house and
the president of the senate salary recommendations for justices of the supreme court, and
judges of the court of appeals and district court. The recommended salaries take effect on
July 1 of that year and July 1 of the subsequent even-numbered year and at whatever interval
the council recommends thereafter, unless the legislature by law provides otherwise. The
salary recommendations take effect if an appropriation of money to pay the recommended
salaries is enacted after the recommendations are submitted and before their effective date.
Recommendations may be expressly modified or rejected.

(b) By April 1 in each odd-numbered year, the Compensation Council must prescribe
salaries for constitutional officers, and for the agency and metropolitan agency heads
identified in section 15A.0815. The prescribed salary for each office must take effect July
1 of that year and July 1 of the subsequent even-numbered year and at whatever interval
the council determines thereafter, unless the legislature by law provides otherwise. An
appropriation by the legislature to fund the relevant office, branch, or agency of an amount
sufficient to pay the salaries prescribed by the council constitutes a prescription by law as
provided in the Minnesota Constitution, article V, sections 4 and 5.

deleted text begin (c) By April 1 in each odd-numbered year, the Compensation Council must prescribe
daily compensation for voting members of the Direct Care and Treatment executive board.
The recommended daily compensation takes effect on July 1 of that year and July 1 of the
subsequent even-numbered year and at whatever interval the council recommends thereafter,
unless the legislature by law provides otherwise.
deleted text end

Sec. 4.

Minnesota Statutes 2024, section 15A.082, subdivision 7, is amended to read:

Subd. 7.

No ex parte communications.

Members may not have any communication
with a constitutional officer, a head of a state agency, new text begin or new text end a member of the judiciarydeleted text begin , or a
member of the Direct Care and Treatment executive boarddeleted text end during the period after the first
meeting is convened under this section and the date the prescribed and recommended salaries
deleted text begin and daily compensationdeleted text end are submitted under subdivision 3.

Sec. 5.

Minnesota Statutes 2024, section 43A.08, subdivision 1, is amended to read:

Subdivision 1.

Unclassified positions.

Unclassified positions are held by employees
who are:

(1) chosen by election or appointed to fill an elective office;

(2) heads of agencies required by law to be appointed by the governor or other elective
officers, and the executive or administrative heads of departments, bureaus, divisions, and
institutions specifically established by law in the unclassified service;

(3) deputy and assistant agency heads and one confidential secretary in the agencies
listed in subdivision 1a;

(4) the confidential secretary to each of the elective officers of this state and, for the
secretary of state and state auditor, an additional deputy, clerk, or employee;

(5) intermittent help employed by the commissioner of public safety to assist in the
issuance of vehicle licenses;

(6) employees in the offices of the governor and of the lieutenant governor and one
confidential employee for the governor in the Office of the Adjutant General;

(7) employees of the Washington, D.C., office of the state of Minnesota;

(8) employees of the legislature and of legislative committees or commissions; provided
that employees of the Legislative Audit Commission, except for the legislative auditor, the
deputy legislative auditors, and their confidential secretaries, shall be employees in the
classified service;

(9) presidents, vice-presidents, deans, other managers and professionals in academic
and academic support programs, administrative or service faculty, teachers, research
assistants, and student employees eligible under terms of the federal Economic Opportunity
Act work study program in the Perpich Center for Arts Education and the Minnesota State
Colleges and Universities, but not the custodial, clerical, or maintenance employees, or any
professional or managerial employee performing duties in connection with the business
administration of these institutions;

(10) officers and enlisted persons in the National Guard;

(11) attorneys, legal assistants, and three confidential employees appointed by the attorney
general or employed with the attorney general's authorization;

(12) judges and all employees of the judicial branch, referees, receivers, jurors, and
notaries public, except referees and adjusters employed by the Department of Labor and
Industry;

(13) members of the State Patrol; provided that selection and appointment of State Patrol
troopers must be made in accordance with applicable laws governing the classified service;

(14) examination monitors and intermittent training instructors employed by the
Departments of Management and Budget and Commerce and by professional examining
boards and intermittent staff employed by the technical colleges for the administration of
practical skills tests and for the staging of instructional demonstrations;

(15) student workers;

(16) executive directors or executive secretaries appointed by and reporting to any
policy-making board or commission established by statute;

(17) employees unclassified pursuant to other statutory authority;

(18) intermittent help employed by the commissioner of agriculture to perform duties
relating to pesticides, fertilizer, and seed regulation;

(19) the administrators and the deputy administrators at the State Academies for the
Deaf and the Blind; and

(20) the chief executive officer of Direct Care and Treatment new text begin who serves as the deputy
agency headnew text end .

Sec. 6.

Minnesota Statutes 2024, section 43A.08, subdivision 1a, is amended to read:

Subd. 1a.

Additional unclassified positions.

Appointing authorities for the following
agencies may designate additional unclassified positions according to this subdivision: the
Departments of Administration; Agriculture; Children, Youth, and Families; Commerce;
Corrections; new text begin Direct Care and Treatment; new text end Education; Employment and Economic
Development; Explore Minnesota Tourism; Management and Budget; Health; Human
Rights; Human Services; Labor and Industry; Natural Resources; Public Safety; Revenue;
Transportation; and Veterans Affairs; the Housing Finance and Pollution Control Agencies;
the State Lottery; the State Board of Investment; the Office of Administrative Hearings; the
Department of Information Technology Services; the Offices of the Attorney General,
Secretary of State, and State Auditor; the Minnesota State Colleges and Universities; the
Minnesota Office of Higher Education; the Perpich Center for Arts Education; deleted text begin Direct Care
and Treatment;deleted text end the Minnesota Zoological Board; and the Office of Emergency Medical
Services.

A position designated by an appointing authority according to this subdivision must
meet the following standards and criteria:

(1) the designation of the position would not be contrary to other law relating specifically
to that agency;

(2) the person occupying the position would report directly to the agency head or deputy
agency head and would be designated as part of the agency head's management team;

(3) the duties of the position would involve significant discretion and substantial
involvement in the development, interpretation, and implementation of agency policy;

(4) the duties of the position would not require primarily personnel, accounting, or other
technical expertise where continuity in the position would be important;

(5) there would be a need for the person occupying the position to be accountable to,
loyal to, and compatible with, the governor and the agency head, the employing statutory
board or commission, or the employing constitutional officer;

(6) the position would be at the level of division or bureau director or assistant to the
agency head; and

(7) the commissioner has approved the designation as being consistent with the standards
and criteria in this subdivision.

Sec. 7.

Minnesota Statutes 2024, section 245.021, is amended to read:

245.021 deleted text begin DEFINITIONSdeleted text end new text begin DEFINITIONnew text end .

(a) For the purposes of this chapter, the deleted text begin definitionsdeleted text end new text begin definitionnew text end in this section deleted text begin havedeleted text end new text begin hasnew text end
the deleted text begin meaningsdeleted text end new text begin meaningnew text end given deleted text begin themdeleted text end .

(b) "Commissioner" means the commissioner of human services.

deleted text begin (c) "Executive board" has the meaning given in section 246C.015.
deleted text end

Sec. 8.

Minnesota Statutes 2024, section 245.073, is amended to read:

245.073 TECHNICAL TRAINING; COMMUNITY-BASED PROGRAMS.

(a) In conjunction with the discharge of persons from regional treatment centers and
their admission to state-operated and privately operated community-based programs, the
commissioner may provide technical training assistance to the community-based programs.
The commissioner may apply for and accept money from any source including reimbursement
charges from the community-based programs for reasonable costs of training. Money
received must be deposited in the general fund and is appropriated annually to the
commissioner of human services for training under this section.

(b) The commissioner must coordinate with the deleted text begin executive boarddeleted text end new text begin commissioner of direct
care and treatment or the commissioner's designeenew text end to provide technical training assistance
to community-based programs under this section and section 246C.11, subdivision 5.

Sec. 9.

Minnesota Statutes 2024, section 246.13, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Executive boarddeleted text end Record responsibilities.

(a) The chief executive officer
or a designee shall have, accessible only by consent of the deleted text begin executive boarddeleted text end new text begin commissionernew text end
or on the order of a judge or court of record, a record showing:

(1) the residence, sex, age, nativity, occupation, civil condition, and date of entrance or
commitment of every person, in the state-operated services facilities as defined under section
246C.02 under exclusive control of the deleted text begin executive boarddeleted text end new text begin commissionernew text end ;

(2) the date of discharge of any such person and whether such discharge was final;

(3) the condition of the person when the person left the state-operated services facility;

(4) the vulnerable adult abuse prevention associated with the person; and

(5) the date and cause of any death of such person.

(b) The record in paragraph (a) must state every transfer of a person from one
state-operated services facility to another, naming each state-operated services facility. The
head of each facility or a designee must provide this transfer information to the deleted text begin executive
boarddeleted text end new text begin commissionernew text end , along with other obtainable facts as the deleted text begin executive boarddeleted text end new text begin commissionernew text end
requests.

(c) The head of the state-operated services facility or designee shall inform the deleted text begin executive
boarddeleted text end new text begin commissionernew text end of any discharge, transfer, or death of a person in that facility within
ten days of the date of discharge, transfer, or death in a manner determined by the deleted text begin executive
boarddeleted text end new text begin commissionernew text end .

(d) The deleted text begin executive boarddeleted text end new text begin commissionernew text end shall maintain an adequate system of records and
statistics for all basic record forms, including patient personal records and medical record
forms. The use and maintenance of such records must be consistent throughout all
state-operated services facilities.

Sec. 10.

Minnesota Statutes 2024, section 246B.01, is amended by adding a subdivision
to read:

new text begin Subd. 2e. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of direct care and
treatment.
new text end

Sec. 11.

Minnesota Statutes 2024, section 252.021, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of human services.
new text end

Sec. 12.

Minnesota Statutes 2024, section 252.50, subdivision 5, is amended to read:

Subd. 5.

Location of programs.

(a) In determining the location of state-operated,
community-based programs, the needs of the individual client shall be paramount. The
deleted text begin executive boarddeleted text end new text begin commissioner of direct care and treatmentnew text end shall also take into account:

(1) prioritization of beds in state-operated, community-based programs for individuals
with complex behavioral needs that cannot be met by private community-based providers;

(2) choices made by individuals who chose to move to a more integrated setting, and
shall coordinate with the lead agency to ensure that appropriate person-centered transition
plans are created;

(3) the personal preferences of the persons being served and their families as determined
by Minnesota Rules, parts 9525.0004 to 9525.0036;

(4) the location of the support services established by the individual service plans of the
persons being served;

(5) the appropriate grouping of the persons served;

(6) the availability of qualified staff;

(7) the need for state-operated, community-based programs in the geographical region
of the state; and

(8) a reasonable commuting distance from a regional treatment center or the residences
of the program staff.

(b) The deleted text begin executive boarddeleted text end new text begin commissioner of direct care and treatment new text end must locate
state-operated, community-based programs in coordination with the commissioner of human
services according to section 252.28.

Sec. 13.

Minnesota Statutes 2024, section 253.195, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of direct care and
treatment.
new text end

Sec. 14.

Minnesota Statutes 2024, section 253B.02, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of direct care and
treatment.
new text end

Sec. 15.

Minnesota Statutes 2024, section 253B.02, subdivision 3, is amended to read:

Subd. 3.

Commissionernew text begin of human servicesnew text end .

"Commissionernew text begin of human servicesnew text end " means
the commissioner of human services or the commissioner's designee.

Sec. 16.

Minnesota Statutes 2024, section 253B.02, subdivision 4c, is amended to read:

Subd. 4c.

County of financial responsibility.

(a) "County of financial responsibility"
has the meaning specified in chapter 256G. This definition does not require that the person
qualifies for or receives any other form of financial, medical, or social service assistance
in addition to the services under this chapter. Disputes about the county of financial
responsibility shall be submitted for determination to the deleted text begin executive boarddeleted text end new text begin commissionernew text end
through the commissioner of human services in the manner prescribed in section 256G.09.

(b) For purposes of proper venue for filing a petition pursuant to section 253B.064,
subdivision 1, paragraph (a); 253B.07, subdivision 1, paragraph (a); or 253D.07, where the
designated agency of a county has determined that it is the county of financial responsibility,
then that county is the county of financial responsibility until a different determination is
made by the appropriate county agencies or the commissionernew text begin of human servicesnew text end pursuant
to chapter 256G.

Sec. 17.

Minnesota Statutes 2024, section 253B.03, subdivision 7, is amended to read:

Subd. 7.

Treatment plan.

A patient receiving services under this chapter has the right
to receive proper care and treatment, best adapted, according to contemporary professional
standards, to rendering further supervision unnecessary. The treatment facility, state-operated
treatment program, or community-based treatment program shall devise a written treatment
plan for each patient which describes in behavioral terms the case problems, the precise
goals, including the expected period of time for treatment, and the specific measures to be
employed. The development and review of treatment plans must be conducted as required
under the license or certification of the treatment facility, state-operated treatment program,
or community-based treatment program. If there are no review requirements under the
license or certification, the treatment plan must be reviewed quarterly. The treatment plan
shall be devised and reviewed with the designated agency and with the patient. The clinical
record shall reflect the treatment plan review. If the designated agency or the patient does
not participate in the planning and review, the clinical record shall include reasons for
nonparticipation and the plans for future involvement. The commissionernew text begin of human servicesnew text end
shall monitor the treatment plan and review process for state-operated treatment programs
to ensure compliance with the provisions of this subdivision.

Sec. 18.

Minnesota Statutes 2024, section 253B.041, subdivision 4, is amended to read:

Subd. 4.

Evaluation.

Counties may, but are not required to, provide engagement services.
The commissioner new text begin of human services new text end may conduct a pilot project evaluating the impact of
engagement services in decreasing commitments, increasing engagement in treatment, and
other measures.

Sec. 19.

Minnesota Statutes 2024, section 253B.09, subdivision 3a, is amended to read:

Subd. 3a.

Reporting judicial commitments; private treatment program or
facility.

Notwithstanding section 253B.23, subdivision 9, when a court commits a patient
to a non-state-operated treatment facility or program, the court shall report the commitment
to the commissioner through the supreme court information system for purposes of providing
commitment information for firearm background checks under section 246C.15. If the
patient is committed to a state-operated treatment program, the court shall send a copy of
the commitment order to the commissioner deleted text begin and the executive boarddeleted text end .

Sec. 20.

Minnesota Statutes 2024, section 253B.18, subdivision 6, is amended to read:

Subd. 6.

Transfer.

(a) A patient who is a person who has a mental illness and is
dangerous to the public shall not be transferred out of a secure treatment facility unless it
appears to the satisfaction of the deleted text begin executive boarddeleted text end new text begin commissionernew text end , after a hearing and favorable
recommendation by a majority of the special review board, that the transfer is appropriate.
Transfer may be to another state-operated treatment program. In those instances where a
commitment also exists to the Department of Corrections, transfer may be to a facility
designated by the commissioner of corrections.

(b) The following factors must be considered in determining whether a transfer is
appropriate:

(1) the person's clinical progress and present treatment needs;

(2) the need for security to accomplish continuing treatment;

(3) the need for continued institutionalization;

(4) which facility can best meet the person's needs; and

(5) whether transfer can be accomplished with a reasonable degree of safety for the
public.

(c) If a committed person has been transferred out of a secure treatment facility pursuant
to this subdivision, that committed person may voluntarily return to a secure treatment
facility for a period of up to 60 days with the consent of the head of the treatment facility.

(d) If the committed person is not returned to the original, nonsecure transfer facility
within 60 days of being readmitted to a secure treatment facility, the transfer is revoked and
the committed person must remain in a secure treatment facility. The committed person
must immediately be notified in writing of the revocation.

(e) Within 15 days of receiving notice of the revocation, the committed person may
petition the special review board for a review of the revocation. The special review board
shall review the circumstances of the revocation and shall recommend to the commissioner
whether or not the revocation should be upheld. The special review board may also
recommend a new transfer at the time of the revocation hearing.

(f) No action by the special review board is required if the transfer has not been revoked
and the committed person is returned to the original, nonsecure transfer facility with no
substantive change to the conditions of the transfer ordered under this subdivision.

(g) The head of the treatment facility may revoke a transfer made under this subdivision
and require a committed person to return to a secure treatment facility if:

(1) remaining in a nonsecure setting does not provide a reasonable degree of safety to
the committed person or others; or

(2) the committed person has regressed clinically and the facility to which the committed
person was transferred does not meet the committed person's needs.

(h) Upon the revocation of the transfer, the committed person must be immediately
returned to a secure treatment facility. A report documenting the reasons for revocation
must be issued by the head of the treatment facility within seven days after the committed
person is returned to the secure treatment facility. Advance notice to the committed person
of the revocation is not required.

(i) The committed person must be provided a copy of the revocation report and informed,
orally and in writing, of the rights of a committed person under this section. The revocation
report must be served upon the committed person, the committed person's counsel, and the
designated agency. The report must outline the specific reasons for the revocation, including
but not limited to the specific facts upon which the revocation is based.

(j) If a committed person's transfer is revoked, the committed person may re-petition for
transfer according to subdivision 5.

(k) A committed person aggrieved by a transfer revocation decision may petition the
special review board within seven business days after receipt of the revocation report for a
review of the revocation. The matter must be scheduled within 30 days. The special review
board shall review the circumstances leading to the revocation and, after considering the
factors in paragraph (b), shall recommend to the commissioner whether or not the revocation
shall be upheld. The special review board may also recommend a new transfer out of a
secure treatment facility at the time of the revocation hearing.

Sec. 21.

Minnesota Statutes 2024, section 253B.19, subdivision 2, is amended to read:

Subd. 2.

Petition; hearing.

(a) A patient committed as a person who has a mental illness
and is dangerous to the public under section 253B.18, or the county attorney of the county
from which the patient was committed or the county of financial responsibility, may petition
the judicial appeal panel for a rehearing and reconsideration of a decision by the
commissioner under section 253B.18, subdivision 5. The judicial appeal panel must not
consider petitions for relief other than those considered by the deleted text begin executive boarddeleted text end new text begin commissionernew text end
from which the appeal is taken. The petition must be filed with the supreme court within
30 days after the decision of the deleted text begin executive boarddeleted text end new text begin commissionernew text end is signed. The hearing must
be held within 45 days of the filing of the petition unless an extension is granted for good
cause.

(b) For an appeal under paragraph (a), the supreme court shall refer the petition to the
chief judge of the judicial appeal panel. The chief judge shall notify the patient, the county
attorney of the county of commitment, the designated agency, the deleted text begin executive boarddeleted text end new text begin
commissionernew text end , the head of the facility or program to which the patient was committed, any
interested person, and other persons the chief judge designates, of the time and place of the
hearing on the petition. The notice shall be given at least 14 days prior to the date of the
hearing.

(c) Any person may oppose the petition. The patient, the patient's counsel, the county
attorney of the committing county or the county of financial responsibility, and the deleted text begin executive
boarddeleted text end new text begin commissionernew text end shall participate as parties to the proceeding pending before the judicial
appeal panel and shall, except when the patient is committed solely as a person who has a
mental illness and is dangerous to the public, no later than 20 days before the hearing on
the petition, inform the judicial appeal panel and the opposing party in writing whether they
support or oppose the petition and provide a summary of facts in support of their position.
The judicial appeal panel may appoint court examiners and may adjourn the hearing from
time to time. It shall hear and receive all relevant testimony and evidence and make a record
of all proceedings. The patient, the patient's counsel, and the county attorney of the
committing county or the county of financial responsibility have the right to be present and
may present and cross-examine all witnesses and offer a factual and legal basis in support
of their positions. The petitioning party seeking discharge or provisional discharge bears
the burden of going forward with the evidence, which means presenting a prima facie case
with competent evidence to show that the person is entitled to the requested relief. If the
petitioning party has met this burden, the party opposing discharge or provisional discharge
bears the burden of proof by clear and convincing evidence that the discharge or provisional
discharge should be denied. A party seeking transfer under section 253B.18, subdivision 6,
must establish by a preponderance of the evidence that the transfer is appropriate.

Sec. 22.

Minnesota Statutes 2024, section 253B.20, subdivision 2, is amended to read:

Subd. 2.

Necessities.

(a) The state-operated treatment program shall make necessary
arrangements at the expense of the state to insure that no patient is discharged or provisionally
discharged without suitable clothing. The head of the state-operated treatment program
shall, if necessary, provide the patient with a sufficient sum of money to secure transportation
home, or to another destination of the patient's choice, if the destination is located within a
reasonable distance of the state-operated treatment program.

(b) The commissioner new text begin of human services new text end shall establish procedures by rule to help the
patient receive all public assistance benefits provided by state or federal law to which the
patient is entitled by residence and circumstances. The rule shall be uniformly applied in
all counties. All counties shall provide temporary relief whenever necessary to meet the
intent of this subdivision.

(c) The commissioner new text begin of human services new text end and the deleted text begin executive boarddeleted text end new text begin commissionernew text end may
adopt joint rules necessary to accomplish the requirements under paragraph (b).

Sec. 23.

Minnesota Statutes 2024, section 253D.02, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of direct care and
treatment.
new text end

Sec. 24.

Minnesota Statutes 2024, section 253D.02, subdivision 3, is amended to read:

Subd. 3.

Commissionernew text begin of correctionsnew text end .

"Commissionernew text begin of correctionsnew text end " means the
commissioner of corrections or the commissioner's designee.

Sec. 25.

Minnesota Statutes 2024, section 254B.05, subdivision 4, is amended to read:

Subd. 4.

Regional treatment centers.

Regional treatment center substance use disorder
treatment units are eligible vendors. The deleted text begin executive boarddeleted text end new text begin commissioner of direct care and
treatmentnew text end may expand the capacity of substance use disorder treatment units beyond the
capacity funded by direct legislative appropriation to serve individuals who are referred for
treatment by counties and whose treatment will be paid for by funding under this chapter
or other funding sources. Notwithstanding the provisions of sections 254B.03 to 254B.04,
payment for any person committed at county request to a regional treatment center under
chapter 253B for chemical dependency treatment and determined to be ineligible under the
behavioral health fund, shall become the responsibility of the county.

Sec. 26.

Minnesota Statutes 2024, section 256.045, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Commissioner. new text end

new text begin For purposes of this section, "commissioner" means the
commissioner of human services.
new text end

Sec. 27.

Minnesota Statutes 2024, section 256.045, subdivision 6, is amended to read:

Subd. 6.

Additional powers of commissioner; subpoenas.

(a) The commissioner of
human services, the commissioner of health for matters within the commissioner's jurisdiction
under subdivision 3b, or the deleted text begin Direct Care and Treatment executive boarddeleted text end new text begin commissioner of
direct care and treatmentnew text end for matters within the new text begin commissioner's new text end jurisdiction deleted text begin of the executive
boarddeleted text end under subdivision 5a, may initiate a review of any action or decision of a county
agency and direct that the matter be presented to a state human services judge for a hearing
held under subdivision 3, 3a, 3b, or 4a. In all matters dealing with human services committed
by law to the discretion of the county agency, the judgment of the applicable commissioner
deleted text begin or executive boarddeleted text end may be substituted for that of the county agency. The applicable
commissioner deleted text begin or executive boarddeleted text end may order an independent examination when appropriate.

(b) Any party to a hearing held pursuant to subdivision 3, 3a, 3b, or 4a may request that
the applicable commissioner deleted text begin or executive boarddeleted text end issue a subpoena to compel the attendance
of witnesses and the production of records at the hearing. A local agency may request that
the applicable commissioner deleted text begin or executive boarddeleted text end issue a subpoena to compel the release of
information from third parties prior to a request for a hearing under section 256.046 upon
a showing of relevance to such a proceeding. The issuance, service, and enforcement of
subpoenas under this subdivision is governed by section 357.22 and the Minnesota Rules
of Civil Procedure.

(c) The commissioner of human services may issue a temporary order staying a proposed
demission by a residential facility licensed under chapter 245A:

(1) while an appeal by a recipient under subdivision 3 is pending;

(2) for the period of time necessary for the case management provider to implement the
commissioner's order; or

(3) for appeals under subdivision 3, paragraph (a), clause (11), when the individual is
seeking a temporary stay of demission on the basis that the county has not yet finalized an
alternative arrangement for a residential facility, a program, or services that will meet the
assessed needs of the individual by the effective date of the service termination, a temporary
stay of demission may be issued for no more than 30 calendar days to allow for such
arrangements to be finalized.

Sec. 28.

Minnesota Statutes 2024, section 256.045, subdivision 7, is amended to read:

Subd. 7.

Judicial review.

Except for a prepaid health plan, any party who is aggrieved
by an order of the commissioner of human services; the commissioner of health; or the
commissioner of children, youth, and families in appeals within the commissioner's
jurisdiction under subdivision 3b; or the deleted text begin Direct Care and Treatment executive boarddeleted text end new text begin
commissioner of direct care and treatmentnew text end in appeals within the new text begin commissioner's new text end jurisdiction
deleted text begin of the executive boarddeleted text end under subdivision 5a may appeal the order to the district court of the
county responsible for furnishing assistance, or, in appeals under subdivision 3b, the county
where the maltreatment occurred, by serving a written copy of a notice of appeal upon the
applicable commissioner deleted text begin or executive boarddeleted text end and any adverse party of record within 30 days
after the date the commissioner deleted text begin or executive boarddeleted text end issued the order, the amended order, or
order affirming the original order, and by filing the original notice and proof of service with
the court administrator of the district court. Service may be made personally or by mail;
service by mail is complete upon mailing; no filing fee shall be required by the court
administrator in appeals taken pursuant to this subdivision, with the exception of appeals
taken under subdivision 3b. The applicable commissioner deleted text begin or executive boarddeleted text end may elect to
become a party to the proceedings in the district court. Except for appeals under subdivision
3b, any party may demand that the new text begin applicable new text end commissioner deleted text begin or executive boarddeleted text end furnish all
parties to the proceedings with a copy of the decision, and a transcript of any testimony,
evidence, or other supporting papers from the hearing held before the human services judge,
by serving a written demand upon the applicable commissioner deleted text begin or executive boarddeleted text end within
30 days after service of the notice of appeal. Any party aggrieved by the failure of an adverse
party to obey an order issued by the new text begin applicable new text end commissioner deleted text begin or executive boarddeleted text end under
subdivision 5 or 5a may compel performance according to the order in the manner prescribed
in sections 586.01 to 586.12.

Sec. 29.

Minnesota Statutes 2024, section 256G.09, subdivision 3, is amended to read:

Subd. 3.

Commissioner obligations.

(a) Except as provided in paragraph (b) for matters
under the jurisdiction of the deleted text begin Direct Care and Treatment executive boarddeleted text end new text begin commissioner of
direct care and treatmentnew text end , the commissioner shall then promptly decide any question of
financial responsibility as outlined in this chapter and make an order referring the application
to the local agency of the proper county for further action. Further action may include
reimbursement by that county of assistance that another county has provided to the applicant
under this subdivision. The commissioner shall decide disputes within 60 days of the last
county evidentiary submission and shall issue an immediate opinion.

(b) For disputes regarding financial responsibility relating to matters under the jurisdiction
of the deleted text begin direct care and treatment executive boarddeleted text end new text begin commissioner of direct care and treatmentnew text end ,
the commissioner shall promptly issue an advisory opinion on any question of financial
responsibility as outlined in this chapter and recommend to the deleted text begin executive boarddeleted text end new text begin commissioner
of direct care and treatmentnew text end an order referring the application to the local agency of the
proper county for further action. Further action may include reimbursement by that county
of assistance that another county has provided to the applicant under this subdivision. The
commissioner shall provide an advisory opinion and recommended order to the deleted text begin executive
boarddeleted text end new text begin commissioner of direct care and treatmentnew text end within 30 days of the last county evidentiary
submission. The deleted text begin executive boarddeleted text end new text begin commissioner of direct care and treatmentnew text end shall decide to
accept or reject the commissioner's advisory opinion and recommended order within 60
days of the last county evidentiary submission and shall issue an immediate opinion stating
the reasons for accepting or rejecting the commissioner's recommendation.

(c) The commissioner may make any investigation deleted text begin itdeleted text end new text begin the commissionernew text end considers proper
before making a decision or a recommendation to the deleted text begin executive boarddeleted text end new text begin commissioner of
direct care and treatmentnew text end . The commissioner may prescribe rules deleted text begin itdeleted text end new text begin the commissionernew text end
considers necessary to carry out this subdivision except that the commissioner must not
create rules purporting to bind the deleted text begin executive board'sdeleted text end decision new text begin of the commissioner of direct
care and treatment new text end on any advisory opinion or recommended order under paragraph (b).

(d) Except as provided in paragraph (e) for matters under the jurisdiction of the deleted text begin executive
boarddeleted text end new text begin commissioner of direct care and treatmentnew text end , the order of the commissioner binds the
local agency involved and the applicant or recipient. That agency shall comply with the
order unless reversed on appeal as provided in section 256.045, subdivision 7. The agency
shall comply with the order pending the appeal.

(e) For disputes regarding financial responsibility relating to matters under the jurisdiction
of the deleted text begin Direct Care and Treatment executive boarddeleted text end new text begin commissioner of direct care and treatmentnew text end ,
the order of the deleted text begin executive boarddeleted text end new text begin commissioner of direct care and treatmentnew text end binds the local
agency involved and the applicant or recipient. That agency shall comply with the order of
the deleted text begin executive boarddeleted text end new text begin commissioner of direct care and treatmentnew text end unless the order is reversed
on appeal as provided in section 256.045, subdivision 7. The agency shall comply with the
order of the deleted text begin executive boarddeleted text end new text begin commissioner of direct care and treatmentnew text end pending the appeal.

Sec. 30.

Minnesota Statutes 2024, section 352.91, subdivision 2a, is amended to read:

Subd. 2a.

Special teachers.

"Covered correctional service" also means service rendered
by a state employee as a special teacher employed by the Department of Corrections or by
new text begin the Department of new text end Direct Care and Treatment at a security unit, provided that at least 75
percent of the employee's working time is spent in direct contact with inmates or patients
and the fact of this direct contact is certified to the executive director by the appropriate
commissioner deleted text begin or executive boarddeleted text end , unless the person elects to retain the current retirement
coverage under Laws 1996, chapter 408, article 8, section 21.

Sec. 31.

Minnesota Statutes 2024, section 352.91, subdivision 3c, is amended to read:

Subd. 3c.

Nursing personnel.

(a) "Covered correctional service" means service by a
state employee in one of the employment positions at a correctional facility, in the
state-operated forensic services program, or in the Minnesota Sex Offender Program that
are specified in paragraph (b) if at least 75 percent of the employee's working time is spent
in direct contact with inmates or patients and the fact of this direct contact is certified to the
executive director by the appropriate commissioner deleted text begin or executive boarddeleted text end .

(b) The employment positions are as follows:

(1) registered nurse - senior;

(2) registered nurse;

(3) registered nurse - principal;

(4) licensed practical nurse;

(5) registered nurse advance practice; and

(6) psychiatric advance practice registered nurse.

Sec. 32.

Minnesota Statutes 2024, section 352.91, subdivision 3d, is amended to read:

Subd. 3d.

Other correctional personnel.

(a) "Covered correctional service" means
service by a state employee in one of the employment positions at a correctional facility or
in the state-operated forensic services program specified in paragraph (b) if at least 75
percent of the employee's working time is spent in direct contact with inmates or patients
and the fact of this direct contact is certified to the executive director by the appropriate
commissioner deleted text begin or executive boarddeleted text end .

(b) The employment positions are:

(1) automotive mechanic;

(2) baker;

(3) central services administrative specialist, intermediate;

(4) central services administrative specialist, principal;

(5) chaplain;

(6) chief cook;

(7) clinical program therapist 1;

(8) clinical program therapist 2;

(9) clinical program therapist 3;

(10) clinical program therapist 4;

(11) cook;

(12) cook coordinator;

(13) corrections inmate program coordinator;

(14) corrections transitions program coordinator;

(15) corrections security caseworker;

(16) corrections security caseworker career;

(17) corrections teaching assistant;

(18) delivery van driver;

(19) dentist;

(20) electrician supervisor;

(21) general maintenance worker lead;

(22) general repair worker;

(23) library/information research services specialist;

(24) library/information research services specialist senior;

(25) library technician;

(26) painter lead;

(27) plant maintenance engineer lead;

(28) plumber supervisor;

(29) psychologist 1;

(30) psychologist 3;

(31) recreation therapist;

(32) recreation therapist coordinator;

(33) recreation program assistant;

(34) recreation therapist senior;

(35) sports medicine specialist;

(36) work therapy assistant;

(37) work therapy program coordinator; and

(38) work therapy technician.

Sec. 33.

Minnesota Statutes 2024, section 352.91, subdivision 4a, is amended to read:

Subd. 4a.

Process for evaluating and recommending potential employment positions
for membership inclusion.

(a) The Department of Corrections and new text begin the Department of
new text end Direct Care and Treatment must establish a procedure for evaluating periodic requests by
department deleted text begin and agencydeleted text end employees for qualification for recommendation by the new text begin applicable
new text end commissioner deleted text begin or executive boarddeleted text end for inclusion of the employment position in the correctional
facility or direct care and treatment facility in the correctional retirement plan and for
periodically determining employment positions that no longer qualify for continued
correctional retirement plan coverage.

(b) The procedure must provide for an evaluation of the extent of the employee's working
time spent in direct contact with patients or inmates, the extent of the physical hazard that
the employee is routinely subjected to in the course of employment, and the extent of
intervention routinely expected of the employee in the event of a facility incident. The
percentage of routine direct contact with inmates or patients may not be less than 75 percent.

(c) The applicable commissioner deleted text begin or executive boarddeleted text end shall notify the employee of the
determination of the appropriateness of recommending the employment position for inclusion
in the correctional retirement plan, if the evaluation procedure results in a finding that the
employee:

(1) routinely spends 75 percent of the employee's time in direct contact with inmates or
patients; and

(2) is regularly engaged in the rehabilitation, treatment, custody, or supervision of inmates
or patients.

(d) After providing the affected employee an opportunity to dispute or clarify any
evaluation determinations, if the new text begin applicable new text end commissioner deleted text begin or executive boarddeleted text end determines
that the employment position is appropriate for inclusion in the correctional retirement plan,
the commissioner deleted text begin or executive boarddeleted text end shall forward that recommendation and supporting
documentation to the chair of the Legislative Commission on Pensions and Retirement, the
chair of the State and Local Governmental Operations Committee of the senate, the chair
of the Governmental Operations and Veterans Affairs Policy Committee of the house of
representatives, and the executive director of the Legislative Commission on Pensions and
Retirement in the form of the appropriate proposed legislation. The recommendation must
be forwarded to the legislature before January 15 for the recommendation to be considered
in that year's legislative session.

Sec. 34.

Minnesota Statutes 2024, section 524.3-801, is amended to read:

524.3-801 NOTICE TO CREDITORS.

(a) Unless notice has already been given under this section, upon appointment of a
general personal representative in informal proceedings or upon the filing of a petition for
formal appointment of a general personal representative, notice thereof, in the form prescribed
by court rule, shall be given under the direction of the court administrator by publication
once a week for two successive weeks in a legal newspaper in the county wherein the
proceedings are pending giving the name and address of the general personal representative
and notifying creditors of the estate to present their claims within four months after the date
of the court administrator's notice which is subsequently published or be forever barred,
unless they are entitled to further service of notice under paragraph (b) or (c).

(b) The personal representative shall, within three months after the date of the first
publication of the notice, serve a copy of the notice upon each then known and identified
creditor in the manner provided in paragraph (c). If the decedent or a predeceased spouse
of the decedent received assistance for which a claim could be filed under section 246.53,
256B.15, 256D.16, or 261.04, notice to the commissioner of human services or deleted text begin Direct Care
and Treatment executive boarddeleted text end new text begin the commissioner of direct care and treatmentnew text end , as applicable,
must be given under paragraph (d) instead of under this paragraph or paragraph (c). A
creditor is "known" if: (i) the personal representative knows that the creditor has asserted
a claim that arose during the decedent's life against either the decedent or the decedent's
estate; (ii) the creditor has asserted a claim that arose during the decedent's life and the fact
is clearly disclosed in accessible financial records known and available to the personal
representative; or (iii) the claim of the creditor would be revealed by a reasonably diligent
search for creditors of the decedent in accessible financial records known and available to
the personal representative. Under this section, a creditor is "identified" if the personal
representative's knowledge of the name and address of the creditor will permit service of
notice to be made under paragraph (c).

(c) Unless the claim has already been presented to the personal representative or paid,
the personal representative shall serve a copy of the notice required by paragraph (b) upon
each creditor of the decedent who is then known to the personal representative and identified
either by delivery of a copy of the required notice to the creditor, or by mailing a copy of
the notice to the creditor by certified, registered, or ordinary first class mail addressed to
the creditor at the creditor's office or place of residence.

(d)(1) Effective for decedents dying on or after July 1, 1997, if the decedent or a
predeceased spouse of the decedent received assistance for which a claim could be filed
under section 246.53, 256B.15, 256D.16, or 261.04, the personal representative or the
attorney for the personal representative shall serve the commissioner new text begin of human services new text end or
deleted text begin executive boarddeleted text end new text begin the commissioner of direct care and treatmentnew text end , as applicable, with notice
in the manner prescribed in paragraph (c), or electronically in a manner prescribed by the
new text begin applicable new text end commissioner deleted text begin or executive boarddeleted text end , as soon as practicable after the appointment
of the personal representative. The notice must state the decedent's full name, date of birth,
and Social Security number and, to the extent then known after making a reasonably diligent
inquiry, the full name, date of birth, and Social Security number for each of the decedent's
predeceased spouses. The notice may also contain a statement that, after making a reasonably
diligent inquiry, the personal representative has determined that the decedent did not have
any predeceased spouses or that the personal representative has been unable to determine
one or more of the previous items of information for a predeceased spouse of the decedent.
A copy of the notice to creditors must be attached to and be a part of the notice to the
new text begin applicable new text end commissioner deleted text begin or executive boarddeleted text end .

(2) Notwithstanding a will or other instrument or law to the contrary, except as allowed
in this paragraph, no property subject to administration by the estate may be distributed by
the estate or the personal representative until 70 days after the date the notice is served on
the commissioner new text begin of human services new text end or deleted text begin executive boarddeleted text end new text begin commissioner of direct care and
treatmentnew text end as provided in paragraph (c), unless the local agency consents as provided for in
clause (6). This restriction on distribution does not apply to the personal representative's
sale of real or personal property, but does apply to the net proceeds the estate receives from
these sales. The personal representative, or any person with personal knowledge of the facts,
may provide an affidavit containing the description of any real or personal property affected
by this paragraph and stating facts showing compliance with this paragraph. If the affidavit
describes real property, it may be filed or recorded in the office of the county recorder or
registrar of titles for the county where the real property is located. This paragraph does not
apply to proceedings under sections 524.3-1203 and 525.31, or when a duly authorized
agent of a county is acting as the personal representative of the estate.

(3) At any time before an order or decree is entered under section 524.3-1001 or
524.3-1002, or a closing statement is filed under section 524.3-1003, the personal
representative or the attorney for the personal representative may serve an amended notice
on the commissioner new text begin of human services new text end or deleted text begin executive boarddeleted text end new text begin commissioner of direct care and
treatmentnew text end to add variations or other names of the decedent or a predeceased spouse named
in the notice, the name of a predeceased spouse omitted from the notice, to add or correct
the date of birth or Social Security number of a decedent or predeceased spouse named in
the notice, or to correct any other deficiency in a prior notice. The amended notice must
state the decedent's name, date of birth, and Social Security number, the case name, case
number, and district court in which the estate is pending, and the date the notice being
amended was served on the new text begin applicable new text end commissioner deleted text begin or executive boarddeleted text end . If the amendment
adds the name of a predeceased spouse omitted from the notice, it must also state that
spouse's full name, date of birth, and Social Security number. The amended notice must be
served on the new text begin applicable new text end commissioner deleted text begin or executive boarddeleted text end in the same manner as the original
notice. Upon service, the amended notice relates back to and is effective from the date the
notice it amends was served, and the time for filing claims arising under section 246.53,
256B.15, 256D.16 or 261.04 is extended by 60 days from the date of service of the amended
notice. Claims filed during the 60-day period are undischarged and unbarred claims, may
be prosecuted by the entities entitled to file those claims in accordance with section
524.3-1004, and the limitations in section 524.3-1006 do not apply. The personal
representative or any person with personal knowledge of the facts may provide and file or
record an affidavit in the same manner as provided for in clause (1).

(4) Within one year after the date an order or decree is entered under section 524.3-1001
or 524.3-1002 or a closing statement is filed under section 524.3-1003, any person who has
an interest in property that was subject to administration by the estate may serve an amended
notice on the commissioner new text begin of human services new text end or deleted text begin executive boarddeleted text end new text begin commissioner of direct
care and treatmentnew text end to add variations or other names of the decedent or a predeceased spouse
named in the notice, the name of a predeceased spouse omitted from the notice, to add or
correct the date of birth or Social Security number of a decedent or predeceased spouse
named in the notice, or to correct any other deficiency in a prior notice. The amended notice
must be served on the new text begin applicable new text end commissioner deleted text begin or executive boarddeleted text end in the same manner as
the original notice and must contain the information required for amendments under clause
(3). If the amendment adds the name of a predeceased spouse omitted from the notice, it
must also state that spouse's full name, date of birth, and Social Security number. Upon
service, the amended notice relates back to and is effective from the date the notice it amends
was served. If the amended notice adds the name of an omitted predeceased spouse or adds
or corrects the Social Security number or date of birth of the decedent or a predeceased
spouse already named in the notice, then, notwithstanding any other laws to the contrary,
claims against the decedent's estate on account of those persons resulting from the amendment
and arising under section 246.53, 256B.15, 256D.16, or 261.04 are undischarged and
unbarred claims, may be prosecuted by the entities entitled to file those claims in accordance
with section 524.3-1004, and the limitations in section 524.3-1006 do not apply. The person
filing the amendment or any other person with personal knowledge of the facts may provide
and file or record an affidavit describing affected real or personal property in the same
manner as clause (1).

(5) After one year from the date an order or decree is entered under section 524.3-1001
or 524.3-1002, or a closing statement is filed under section 524.3-1003, no error, omission,
or defect of any kind in the notice to the commissioner new text begin of human services new text end or deleted text begin executive boarddeleted text end new text begin
commissioner of direct care and treatmentnew text end required under this paragraph or in the process
of service of the notice on the new text begin applicable new text end commissioner deleted text begin or executive boarddeleted text end , or the failure
to serve the new text begin applicable new text end commissioner deleted text begin or executive boarddeleted text end with notice as required by this
paragraph, makes any distribution of property by a personal representative void or voidable.
The distributee's title to the distributed property shall be free of any claims based upon a
failure to comply with this paragraph.

(6) The local agency may consent to a personal representative's request to distribute
property subject to administration by the estate to distributees during the 70-day period after
service of notice on the new text begin applicable new text end commissioner deleted text begin or executive boarddeleted text end . The local agency may
grant or deny the request in whole or in part and may attach conditions to its consent as it
deems appropriate. When the local agency consents to a distribution, it shall give the estate
a written certificate evidencing its consent to the early distribution of assets at no cost. The
certificate must include the name, case number, and district court in which the estate is
pending, the name of the local agency, describe the specific real or personal property to
which the consent applies, state that the local agency consents to the distribution of the
specific property described in the consent during the 70-day period following service of the
notice on the new text begin applicable new text end commissioner deleted text begin or executive boarddeleted text end , state that the consent is
unconditional or list all of the terms and conditions of the consent, be dated, and may include
other contents as may be appropriate. The certificate must be signed by the director of the
local agency or the director's designees and is effective as of the date it is dated unless it
provides otherwise. The signature of the director or the director's designee does not require
any acknowledgment. The certificate shall be prima facie evidence of the facts it states,
may be attached to or combined with a deed or any other instrument of conveyance and,
when so attached or combined, shall constitute a single instrument. If the certificate describes
real property, it shall be accepted for recording or filing by the county recorder or registrar
of titles in the county in which the property is located. If the certificate describes real property
and is not attached to or combined with a deed or other instrument of conveyance, it shall
be accepted for recording or filing by the county recorder or registrar of titles in the county
in which the property is located. The certificate constitutes a waiver of the 70-day period
provided for in clause (2) with respect to the property it describes and is prima facie evidence
of service of notice on the new text begin applicable new text end commissioner deleted text begin or executive boarddeleted text end . The certificate is
not a waiver or relinquishment of any claims arising under section 246.53, 256B.15, 256D.16,
or 261.04, and does not otherwise constitute a waiver of any of the personal representative's
duties under this paragraph. Distributees who receive property pursuant to a consent to an
early distribution shall remain liable to creditors of the estate as provided for by law.

(7) All affidavits provided for under this paragraph:

(i) shall be provided by persons who have personal knowledge of the facts stated in the
affidavit;

(ii) may be filed or recorded in the office of the county recorder or registrar of titles in
the county in which the real property they describe is located for the purpose of establishing
compliance with the requirements of this paragraph; and

(iii) are prima facie evidence of the facts stated in the affidavit.

(8) This paragraph applies to the estates of decedents dying on or after July 1, 1997.
Clause (5) also applies with respect to all notices served on the commissioner of human
services before July 1, 1997, under Laws 1996, chapter 451, article 2, section 55. All notices
served on the commissionernew text begin of human servicesnew text end before July 1, 1997, pursuant to Laws 1996,
chapter 451, article 2, section 55, shall be deemed to be legally sufficient for the purposes
for which they were intended, notwithstanding any errors, omissions or other defects.

Sec. 35.

Minnesota Statutes 2024, section 611.57, subdivision 2, is amended to read:

Subd. 2.

Membership.

(a) The Certification Advisory Committee consists of the
following members:

(1) a mental health professional, as defined in section 245I.02, subdivision 27, with
community behavioral health experience, appointed by the governor;

(2) a board-certified forensic psychiatrist with experience in competency evaluations,
providing competency attainment services, or both, appointed by the governor;

(3) a board-certified forensic psychologist with experience in competency evaluations,
providing competency attainment services, or both, appointed by the governor;

(4) the president of the Minnesota Corrections Association or a designee;

(5) the deleted text begin direct care and treatment deputy commissionerdeleted text end new text begin chief executive officer of direct
care and treatment new text end or a designee;

(6) the president of the Minnesota Association of County Social Service Administrators
or a designee;

(7) the president of the Minnesota Association of Community Mental Health Providers
or a designee;

(8) the president of the Minnesota Sheriffs' Association or a designee; and

(9) the executive director of the National Alliance on Mental Illness Minnesota or a
designee.

(b) Members of the advisory committee serve without compensation and at the pleasure
of the appointing authority. Vacancies shall be filled by the appointing authority consistent
with the qualifications of the vacating member required by this subdivision.

Sec. 36. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber each provision of Minnesota Statutes listed in
column A to the number listed in column B.
new text end

	new text begin Column A new text end	new text begin Column B new text end
	new text begin 246B.01, subdivision 2b new text end	new text begin 246B.01, subdivision 2f new text end
	new text begin 246B.01, subdivision 2c new text end	new text begin 246B.01, subdivision 2g new text end
	new text begin 246B.01, subdivision 2d new text end	new text begin 246B.01, subdivision 2h new text end

Sec. 37. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, sections 246B.01, subdivision 2; 252.021, subdivision 2;
253.195, subdivision 2; 253B.02, subdivision 7b; 253D.02, subdivision 7a; 254B.01,
subdivision 15; 256.045, subdivision 1a; and 256G.02, subdivision 5a, new text end new text begin are repealed.
new text end

Sec. 38. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective the day following final enactment.
new text end

Office of the Revisor of Statutes

SF 626

Bill Text Versions

ARTICLE 1

COMMISSIONER OF DIRECT CARE AND TREATMENT

Section 1.

Subd. 2.

Definitions.

Sec. 2.

15.01 DEPARTMENTS OF THE STATE.

Sec. 3.

Subdivision 1.

Applicability.

Sec. 4.

43A.241 INSURANCE CONTRIBUTIONS; FORMER EMPLOYEES.

Sec. 5.

246C.01 TITLE.

Sec. 6.

Subd. 3.

Commissioner.

Sec. 7.

new text begin Subd. 5b. new text end

new text begin Department. new text end

Sec. 8.

Subdivision 1.

Establishment.

Sec. 9.

Subd. 2.

Transfer of custody of civilly committed persons.

Sec. 10.

Subd. 3.

Control of direct care and treatment.

Sec. 11.

Subdivision 1.

Generally.

Sec. 12.

Subd. 2.

Principles.

Sec. 13.

Subd. 8.

Biennial estimates; suggestions for legislation.

Sec. 14.

new text begin [246C.075] ADVISORY COUNCIL ON DIRECT CARE AND TREATMENT. new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin Subd. 3. new text end

new text begin Terms; compensation; removal; vacancies; expiration. new text end

new text begin Subd. 4. new text end

new text begin Meetings. new text end

new text begin Subd. 5. new text end

new text begin Duties. new text end

Sec. 15.

246C.08 CHIEF EXECUTIVE OFFICER; SERVICE; DUTIES.

Subdivision 1.

Service.

Subd. 2.

Powers and duties.

new text begin Subd. 3. new text end

new text begin Minimum qualifications. new text end

Sec. 16.

Subd. 3.

Duties.

Sec. 17.

Subd. 2.

Facilities management account.

Sec. 18.

Subd. 3.

Direct care and treatment systems account.

Sec. 19.

Subd. 4.

Cemetery maintenance account.

Sec. 20.

Subd. 2.

Chief executive officer.

Sec. 21. new text begin INITIAL APPOINTMENT OF COMMISSIONER OF DIRECT CARE AND TREATMENT.new text end

Sec. 22. new text begin SALARY FOR THE COMMISSIONER OF THE DEPARTMENT OF DIRECT CARE AND TREATMENT.new text end

new text begin EFFECTIVE DATE. new text end

Sec. 23. new text begin DISSOLUTION OF THE DIRECT CARE AND TREATMENT EXECUTIVE BOARD.new text end

new text begin [246C.075] ADVISORY COUNCIL ON DIRECT CARE AND TREATMENT.
new text end

Sec. 21. new text begin INITIAL APPOINTMENT OF COMMISSIONER OF DIRECT CARE
AND TREATMENT.
new text end

Sec. 22. new text begin SALARY FOR THE COMMISSIONER OF THE DEPARTMENT OF
DIRECT CARE AND TREATMENT.
new text end

Sec. 23. new text begin DISSOLUTION OF THE DIRECT CARE AND TREATMENT EXECUTIVE
BOARD.
new text end

Sec. 24. new text begin REVISOR INSTRUCTION.
new text end

Sec. 25. new text begin REVISOR INSTRUCTION.
new text end

Sec. 26. new text begin REVISOR INSTRUCTION.
new text end

Sec. 27. new text begin REPEALER.
new text end

Sec. 28. new text begin EFFECTIVE DATE.
new text end

Reporting judicial commitments; private treatment program or
facility.