Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 3086

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/17/2022 05:23pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/03/2022

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7
1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19
1.20
2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11
2.12
2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9
3.10
3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9
4.10
4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20
4.21
4.22 4.23 4.24 4.25 4.26 4.27 4.28 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12
5.13
5.14 5.15 5.16 5.17 5.18 5.19
5.20

A bill for an act
relating to health; creating a Department of Behavioral Health; transferring duties
of a state agency; amending Minnesota Statutes 2020, section 15A.0815,
subdivision 2; Minnesota Statutes 2021 Supplement, sections 15.01; 15.06,
subdivision 1; 43A.08, subdivision 1a; proposing coding for new law as Minnesota
Statutes, chapter 256T.

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

Section 1.

Minnesota Statutes 2021 Supplement, 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;new text begin the Department of Behavioral
Health;
new text end the Department of Commerce; the Department of Corrections; the Department of
Education; the Department of Employment and Economic Development; the Department
of Health; the Department of Human Rights; 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 Human Services; the Department of Revenue; the Department of
Transportation; the Department of Veterans Affairs; and their successor departments.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 2.

Minnesota Statutes 2021 Supplement, 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,new text begin Behavioral Health,new text end Commerce,
Corrections, Education, Employment and Economic Development, Health, Human Rights,
Labor and Industry, Management and Budget, Natural Resources, Public Safety, Human
Services, Revenue, Transportation, and Veterans Affairs; the Housing Finance and Pollution
Control Agencies; the Office of Commissioner of Iron Range Resources and Rehabilitation;
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."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 3.

Minnesota Statutes 2020, 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 website. This subdivision applies to
the following positions:

Commissioner of administration;

Commissioner of agriculture;

new text begin Commissioner of behavioral health;
new text end

Commissioner of education;

Commissioner of commerce;

Commissioner of corrections;

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;

Commissioner of public safety;

Commissioner of revenue;

Commissioner of employment and economic development;

Commissioner of transportation; and

Commissioner of veterans affairs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 4.

Minnesota Statutes 2021 Supplement, 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;new text begin Behavioral Health;new text end Commerce; Corrections;
Education; Employment and Economic Development; Explore Minnesota Tourism;
Management and Budget; Health; Human Rights; Labor and Industry; Natural Resources;
Public Safety; Human Services; 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; 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 5.

new text begin [256T.01] DEPARTMENT OF BEHAVIORAL HEALTH.
new text end

new text begin The Department of Behavioral Health is created. The governor shall appoint the
commissioner of behavioral health under section 15.06. The commissioner shall administer:
new text end

new text begin (1) the behavioral health services under medical assistance program under chapters 256
and 256B;
new text end

new text begin (2) the behavioral health services under MinnesotaCare program under chapter 256L;
new text end

new text begin (3) mental health and chemical dependency services under chapters 245, 245G, 253C,
254A, and 254B; and
new text end

new text begin (4) behavioral health quality, behavioral health analysis, behavioral health economics,
and related data collection initiatives under chapters 62J, 62U, and 144.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 6.

new text begin [256T.02] 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 behavioral health 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) For an employee affected by the transfer of duties required by this chapter, the
seniority accrued by the employee at the employee's former agency transfers to the employee's
new agency.
new text end

new text begin (e) The commissioner of management and budget must ensure that the aggregate cost
for the commissioner of behavioral health is not more than the aggregate cost during the
transition of creating the Department of Behavioral Health as it currently exists under the
Department of Human Services and the Department of Health immediately before the
effective date of this chapter, excluding any appropriation made during this legislative
session.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 7. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes, in consultation with staff from the House Research Department;
House Fiscal Analysis; the Office of Senate Counsel, Research, and Fiscal Analysis; and
the respective departments shall prepare legislation for introduction in the 2023 legislative
session proposing the statutory changes needed to implement the transfers of duties required
by this act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end