Bill Text: MN SF2607 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Marriage for developmentally disabled persons under state guardianship provisions modifications and clarifications
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-24 - Second reading [SF2607 Detail]
Download: Minnesota-2013-SF2607-Introduced.html
1.2relating to human services; updating and clarifying language governing consent
1.3to marriage for developmentally disabled persons under state guardianship;
1.4amending Minnesota Statutes 2012, sections 246.01; 252A.111, by adding a
1.5subdivision; Minnesota Statutes 2013 Supplement, section 517.08, by adding
1.6a subdivision; repealing Minnesota Statutes 2013 Supplement, section 517.03,
1.7subdivision 2.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 246.01, is amended to read:
1.10246.01 POWERS AND DUTIES.
1.11The commissioner of human services is hereby specifically constituted the guardian
1.12of all persons with developmental disabilities, the guardianship of whom has heretofore
1.13been vested in the State Board of Control or in the director of social welfare whether by
1.14operation of law or by an order of court without any further act or proceeding, and all the
1.15powers and duties vested in or imposed upon the State Board of Control or the director of
1.16social welfare, with reference to mental testing of persons with developmental disabilities,
1.17and with reference to the institutions of the state of Minnesota except correctional facilities
1.18administered and managed by the commissioner of corrections, are hereby transferred to,
1.19vested in, and imposed upon the commissioner of human services, and in relation thereto is
1.20hereby charged with and shall have the exclusive power of administration and management
1.21of all of the following state institutions: state hospitals for persons with developmental
1.22disabilities, mental illness, or chemical dependency. The commissioner shall have power
1.23and authority to determine all matters relating to the unified and continuous development
1.24of all of the foregoing institutions and of such other institutions, the supervision of which
1.25may, from time to time, be vested in the commissioner. It is intended that there be vested
2.1in the commissioner all of the powers, functions, and authority heretofore vested in the
2.2State Board of Control relative to such state institutions. The commissioner shall have the
2.3power and authority to accept, in behalf of the state, contributions and gifts of money and
2.4personal property for the use and benefit of the residents of the public institutions under
2.5the commissioner's control, and all money and securities so received shall be deposited
2.6in the state treasury subject to the order of the commissioner of human services. If the
2.7gift or contribution is designated by the donor for a certain institution or purpose, the
2.8commissioner of human services shall expend or use the same as nearly as may be in
2.9accordance with the conditions of the gift or contribution, compatible with the best
2.10interests of the inmates and the state. The commissioner of human services is hereby
2.11constituted the "state agency" as defined by the Social Security Act of the United States
2.12and the laws of this state for all purposes relating to mental health and mental hygiene.
2.13For the purpose of carrying out these duties, the commissioner of human services
2.14shall accept from wards with developmental disabilities for whom the commissioner is
2.15specifically appointed guardian a signed application for consent to the marriage of said
2.16ward. Upon receipt of such application the commissioner shall promptly conduct such
2.17investigation as the commissioner deems proper and determine if the contemplated
2.18marriage is for the best interest of the ward and the public. A signed copy of the
2.19commissioner's determination shall be mailed to the ward and to the court administrator of
2.20the district court of the county where the application for such marriage license was made.
2.21There is hereby appropriated to such persons or institutions as are entitled to such
2.22sums as are provided for in this section, from the fund or account in the state treasury to
2.23which the money was credited, an amount sufficient to make such payment.
2.24 Sec. 2. Minnesota Statutes 2012, section 252A.111, is amended by adding a
2.25subdivision to read:
2.26 Subd. 7. Permission to marry; procedure. This subdivision applies if the powers
2.27of the commissioner specifically include the power to permit or withhold permission for
2.28the ward to marry. Upon receipt of a request for consent to marry from the ward, the
2.29commissioner shall grant consent unless it appears from the commissioner's investigation
2.30that the civil marriage is not in the best interests of the ward and the public. A signed copy
2.31of the commissioner's determination must be mailed to the ward and to the local registrar
2.32of the county where the application for the civil marriage license is made.
2.33 Sec. 3. Minnesota Statutes 2013 Supplement, section 517.08, is amended by adding a
2.34subdivision to read:
3.1 Subd. 5. Consent of commissioner of human services required in certain cases.
3.2If a developmentally disabled person has been committed to the guardianship of the
3.3commissioner of human services and the powers granted to the commissioner specifically
3.4include the power to permit or withhold permission for the ward to marry, the local
3.5registrar must not issue a license unless the local registrar has received a signed copy of
3.6the consent from the commissioner.
3.7 Sec. 4. REPEALER.
3.8Minnesota Statutes 2013 Supplement, section 517.03, subdivision 2, is repealed.
1.3to marriage for developmentally disabled persons under state guardianship;
1.4amending Minnesota Statutes 2012, sections 246.01; 252A.111, by adding a
1.5subdivision; Minnesota Statutes 2013 Supplement, section 517.08, by adding
1.6a subdivision; repealing Minnesota Statutes 2013 Supplement, section 517.03,
1.7subdivision 2.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 246.01, is amended to read:
1.10246.01 POWERS AND DUTIES.
1.11The commissioner of human services is hereby specifically constituted the guardian
1.12of all persons with developmental disabilities, the guardianship of whom has heretofore
1.13been vested in the State Board of Control or in the director of social welfare whether by
1.14operation of law or by an order of court without any further act or proceeding, and all the
1.15powers and duties vested in or imposed upon the State Board of Control or the director of
1.16social welfare, with reference to mental testing of persons with developmental disabilities,
1.17and with reference to the institutions of the state of Minnesota except correctional facilities
1.18administered and managed by the commissioner of corrections, are hereby transferred to,
1.19vested in, and imposed upon the commissioner of human services, and in relation thereto is
1.20hereby charged with and shall have the exclusive power of administration and management
1.21of all of the following state institutions: state hospitals for persons with developmental
1.22disabilities, mental illness, or chemical dependency. The commissioner shall have power
1.23and authority to determine all matters relating to the unified and continuous development
1.24of all of the foregoing institutions and of such other institutions, the supervision of which
1.25may, from time to time, be vested in the commissioner. It is intended that there be vested
2.1in the commissioner all of the powers, functions, and authority heretofore vested in the
2.2State Board of Control relative to such state institutions. The commissioner shall have the
2.3power and authority to accept, in behalf of the state, contributions and gifts of money and
2.4personal property for the use and benefit of the residents of the public institutions under
2.5the commissioner's control, and all money and securities so received shall be deposited
2.6in the state treasury subject to the order of the commissioner of human services. If the
2.7gift or contribution is designated by the donor for a certain institution or purpose, the
2.8commissioner of human services shall expend or use the same as nearly as may be in
2.9accordance with the conditions of the gift or contribution, compatible with the best
2.10interests of the inmates and the state. The commissioner of human services is hereby
2.11constituted the "state agency" as defined by the Social Security Act of the United States
2.12and the laws of this state for all purposes relating to mental health and mental hygiene.
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21There is hereby appropriated to such persons or institutions as are entitled to such
2.22sums as are provided for in this section, from the fund or account in the state treasury to
2.23which the money was credited, an amount sufficient to make such payment.
2.24 Sec. 2. Minnesota Statutes 2012, section 252A.111, is amended by adding a
2.25subdivision to read:
2.26 Subd. 7. Permission to marry; procedure. This subdivision applies if the powers
2.27of the commissioner specifically include the power to permit or withhold permission for
2.28the ward to marry. Upon receipt of a request for consent to marry from the ward, the
2.29commissioner shall grant consent unless it appears from the commissioner's investigation
2.30that the civil marriage is not in the best interests of the ward and the public. A signed copy
2.31of the commissioner's determination must be mailed to the ward and to the local registrar
2.32of the county where the application for the civil marriage license is made.
2.33 Sec. 3. Minnesota Statutes 2013 Supplement, section 517.08, is amended by adding a
2.34subdivision to read:
3.1 Subd. 5. Consent of commissioner of human services required in certain cases.
3.2If a developmentally disabled person has been committed to the guardianship of the
3.3commissioner of human services and the powers granted to the commissioner specifically
3.4include the power to permit or withhold permission for the ward to marry, the local
3.5registrar must not issue a license unless the local registrar has received a signed copy of
3.6the consent from the commissioner.
3.7 Sec. 4. REPEALER.
3.8Minnesota Statutes 2013 Supplement, section 517.03, subdivision 2, is repealed.
