HF 157 (LSB 1064HV (1) 86)

HOUSE FILE 157

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 32)

A BILL FOR

An Act relating to support of the poor by certain relatives.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 252.13, Code 2015, is amended to read as follows:
   252.13  Recovery by county.
   1.  Any county having expended money for the assistance or support of a poor person under this chapter, may recover the money from any of the following as follows:  
   a.  From  1.  If the poor person is living, from the person if the person becomes able, or from the person’s estate.
   b.  From relatives by action brought within two years from the payment of the assistance or support.
   c.  From the poor person by action brought within two years after the person becomes able.
   d.  From  2.  a.  If the poor person is deceased, from the person’s estate, by filing the claim as provided by law.
   2.  b.  There shall be allowed against the person’s estate a claim of the sixth class for that portion of the liability to the county which exceeds the total amount of all claims of the first through the fifth classes, inclusive, as defined in section 633.425, which are allowed against that estate.
    Sec. 2.  Section 600B.1, Code 2015, is amended to read as follows:
   600B.1  Obligation of parents.

   The parents of a child born out of wedlock and not legitimized (in this chapter referred to as “the child”) owe the child necessary maintenance, education, and support. They are also liable for the child’s funeral expenses. The father is also liable to pay the expense of the mother’s pregnancy and confinement. The obligation of the parent to support the child under the laws for the support of poor relatives applies to children born out of wedlock.
    Sec. 3.  REPEAL.  Sections 252.2, 252.3, 252.4, 252.5, 252.6, 252.7, 252.8, 252.9, and 252.15, Code 2015, are repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill amends and repeals portions of Code chapter 252 (support of the poor) and makes other conforming changes to eliminate the liability of any relative (father, mother, children, grandparent, grandchild, or more distant relative) of the poor person for support of the poor person or recovery from such relative of money expended by the county for the poor person. Under the bill, only the poor person is liable for repayment of money expended by the county on behalf of the poor person. The county may recover moneys expended for the assistance or support of a poor person from the poor person while living, if the person becomes able and the action to recover is filed within two years after the person becomes able; or, if the poor person is deceased, from the person’s estate by filing the claim as provided by law.