HF 2455

as introduced - 89th Legislature (2015 - 2016) Posted on 03/08/2016 04:21pm

A bill for an act
relating to human services; creating the Department of Forensic Services;
amending Minnesota Statutes 2014, sections 15.01; 15.06, subdivision 1;
15A.0815, subdivision 2; 43A.08, subdivision 1a; proposing coding for new law
as Minnesota Statutes, chapter 246D.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, 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
Commerce; the Department of Corrections; the Department of Education; the Department
of Employment and Economic Development; new text begin the Department of Forensic Services; new text end the
Department of Health; the Department of Human Rights; new text begin the Department of Human
Services; new text end 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; deleted text begin the Department of Human Services; deleted text end the Department of
Revenue; the Department of Transportation; the Department of Veterans Affairs; and
their successor departments.

Sec. 2.

Minnesota Statutes 2014, 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, Commerce, Corrections,
Education, Employment and Economic Development, new text begin Forensic Services, new text end Health,
Human Rights, new text begin Human Services, new text end Labor and Industry, Management and Budget, Natural
Resources, Public Safety, deleted text begin Human Services, deleted text end Revenue, Transportation, and Veterans
Affairs; the Housing Finance and Pollution Control Agencies; the Office of Commissioner
of Iron Range Resources and Rehabilitation; the Office of MN.IT Services; the Bureau
of Mediation Services; and their successor departments and agencies. The heads of the
foregoing departments or agencies are "commissioners."

Sec. 3.

Minnesota Statutes 2014, section 15A.0815, subdivision 2, is amended to read:

Subd. 2.

Group I salary limits.

The salary for a position listed in this subdivision
shall not exceed 133 percent of the salary of the governor. This limit must be adjusted
annually on January 1. The new limit must equal the limit for the prior year increased
by the percentage increase, if any, in the Consumer Price Index for all urban consumers
from October of the second prior year to October of the immediately prior year. The
commissioner of management and budget must publish the limit on the department's Web
site. This subdivision applies to the following positions:

Commissioner of administration;

Commissioner of agriculture;

Commissioner of education;

Commissioner of commerce;

Commissioner of corrections;

new text begin Commissioner of forensic services;
new text end

Commissioner of health;

Commissioner, Minnesota Office of Higher Education;

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;

Executive director, Public Employees Retirement Association;

Commissioner of public safety;

Commissioner of revenue;

Executive director, State Retirement System;

Executive director, Teachers Retirement Association;

Commissioner of employment and economic development;

Commissioner of transportation; and

Commissioner of veterans affairs.

Sec. 4.

Minnesota Statutes 2014, 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; Commerce; Corrections;
Education; Employment and Economic Development; Explore Minnesota Tourism;
new text begin Forensic Services; new text end Management and Budget; Health; Human Rights; new text begin Human Services;
new text end Labor and Industry; Natural Resources; Public Safety; deleted text begin Human Services; deleted text end 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
Office of MN.IT 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; and the Minnesota Zoological Board.

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. 5.

new text begin [246D.01] DEPARTMENT OF FORENSIC SERVICES.
new text end

new text begin (a) The Department of Forensic Services is created. The governor shall appoint
the commissioner of forensic services under Minnesota Statutes, section 15.06. The
commissioner shall create and maintain forensic services programs. Forensic services
shall be provided in coordination with counties and other vendors. Forensic services shall
include specialized inpatient programs at secure treatment facilities as defined in sections
253B.02, subdivision 18a, and 253D.02, subdivision 13; community preparation services;
consultative services; aftercare services; community-based services and programs;
transition services; nursing home services; or other services consistent with the mission
of the Department of Forensic Services.
new text end

new text begin (b) "Community preparation services" means specialized inpatient or outpatient
services or programs that are operated outside of a secure environment but administered
by a secure treatment facility.
new text end

Sec. 6.

new text begin [246D.05] TRANSFER OF DUTIES.
new text end

new text begin (a) Section 15.039 applies to the transfer of duties required by this chapter.
new text end

new text begin (b) The commissioner of administration, with the approval of the governor, may
issue reorganization orders under section 16B.37 as necessary to carry out the transfer of
duties required by this chapter. The provision of section 16B.37, subdivision 1, stating that
transfers under section 16B.37 may be made only to an agency that has been in existence
for at least one year does not apply to transfers to an agency created by this chapter.
new text end

new text begin (c) The initial salary for the commissioner of forensic services is the same as the
salary for the commissioner of health. The salary may be changed in the manner specified
in section 15A.0815.
new text end

new text begin (d) The commissioner of management and budget must ensure that the aggregate
cost for the commissioner of forensic services is not more than the aggregate cost of the
primary executives in the Department of Human Services responsible for management of
forensic services immediately before the effective date of this chapter.
new text end

Sec. 7. new text begin REVISOR'S INSTRUCTION; CONFORMING STATUTORY CHANGES.
new text end

new text begin The revisor of statutes, in consultation with house of representatives and senate staff
and the commissioner of human services, shall prepare a bill for introduction in the 2017
legislative session proposing the statutory changes needed to implement the transfers of
duties required by this chapter.
new text end

Sec. 8. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 7 are effective July 1, 2017.
new text end