SF 2607

as introduced - 88th Legislature (2013 - 2014) Posted on 09/03/2014 09:24am

A bill for an act
relating to human services; updating and clarifying language governing consent
to marriage for developmentally disabled persons under state guardianship;
amending Minnesota Statutes 2012, sections 246.01; 252A.111, by adding a
subdivision; Minnesota Statutes 2013 Supplement, section 517.08, by adding
a subdivision; repealing Minnesota Statutes 2013 Supplement, section 517.03,
subdivision 2.

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

Section 1.

Minnesota Statutes 2012, section 246.01, is amended to read:

246.01 POWERS AND DUTIES.

The commissioner of human services is hereby specifically constituted the guardian
of all persons with developmental disabilities, the guardianship of whom has heretofore
been vested in the State Board of Control or in the director of social welfare whether by
operation of law or by an order of court without any further act or proceeding, and all the
powers and duties vested in or imposed upon the State Board of Control or the director of
social welfare, with reference to mental testing of persons with developmental disabilities,
and with reference to the institutions of the state of Minnesota except correctional facilities
administered and managed by the commissioner of corrections, are hereby transferred to,
vested in, and imposed upon the commissioner of human services, and in relation thereto is
hereby charged with and shall have the exclusive power of administration and management
of all of the following state institutions: state hospitals for persons with developmental
disabilities, mental illness, or chemical dependency. The commissioner shall have power
and authority to determine all matters relating to the unified and continuous development
of all of the foregoing institutions and of such other institutions, the supervision of which
may, from time to time, be vested in the commissioner. It is intended that there be vested
in the commissioner all of the powers, functions, and authority heretofore vested in the
State Board of Control relative to such state institutions. The commissioner shall have the
power and authority to accept, in behalf of the state, contributions and gifts of money and
personal property for the use and benefit of the residents of the public institutions under
the commissioner's control, and all money and securities so received shall be deposited
in the state treasury subject to the order of the commissioner of human services. If the
gift or contribution is designated by the donor for a certain institution or purpose, the
commissioner of human services shall expend or use the same as nearly as may be in
accordance with the conditions of the gift or contribution, compatible with the best
interests of the inmates and the state. The commissioner of human services is hereby
constituted the "state agency" as defined by the Social Security Act of the United States
and the laws of this state for all purposes relating to mental health and mental hygiene.

deleted text begin For the purpose of carrying out these duties, the commissioner of human services
shall accept from wards with developmental disabilities for whom the commissioner is
specifically appointed guardian a signed application for consent to the marriage of said
ward. Upon receipt of such application the commissioner shall promptly conduct such
investigation as the commissioner deems proper and determine if the contemplated
marriage is for the best interest of the ward and the public. A signed copy of the
commissioner's determination shall be mailed to the ward and to the court administrator of
the district court of the county where the application for such marriage license was made.
deleted text end

There is hereby appropriated to such persons or institutions as are entitled to such
sums as are provided for in this section, from the fund or account in the state treasury to
which the money was credited, an amount sufficient to make such payment.

Sec. 2.

Minnesota Statutes 2012, section 252A.111, is amended by adding a
subdivision to read:

new text begin Subd. 7. new text end

new text begin Permission to marry; procedure. new text end

new text begin This subdivision applies if the powers
of the commissioner specifically include the power to permit or withhold permission for
the ward to marry. Upon receipt of a request for consent to marry from the ward, the
commissioner shall grant consent unless it appears from the commissioner's investigation
that the civil marriage is not in the best interests of the ward and the public. A signed copy
of the commissioner's determination must be mailed to the ward and to the local registrar
of the county where the application for the civil marriage license is made.
new text end

Sec. 3.

Minnesota Statutes 2013 Supplement, section 517.08, is amended by adding a
subdivision to read:

new text begin Subd. 5. new text end

new text begin Consent of commissioner of human services required in certain cases.
new text end

new text begin If a developmentally disabled person has been committed to the guardianship of the
commissioner of human services and the powers granted to the commissioner specifically
include the power to permit or withhold permission for the ward to marry, the local
registrar must not issue a license unless the local registrar has received a signed copy of
the consent from the commissioner.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2013 Supplement, section 517.03, subdivision 2, new text end new text begin is repealed.
new text end