Senate Study Bill 1007 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SODDERS) A BILL FOR An Act relating to support of the poor by certain relatives. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1064SC (2) 86 pf/nh
S.F. _____ Section 1. Section 252.13, Code 2015, is amended to read as 1 follows: 2 252.13 Recovery by county. 3 1. Any county having expended money for the assistance or 4 support of a poor person under this chapter , may recover the 5 money from any of the following as follows : 6 a. From 1. If the poor person is living, from the person 7 if the person becomes able, or from the person’s estate. 8 b. From relatives by action brought within two years from 9 the payment of the assistance or support. 10 c. From the poor person by action brought within two years 11 after the person becomes able. 12 d. From 2. a. If the poor person is deceased, from the 13 person’s estate , by filing the claim as provided by law. 14 2. b. There shall be allowed against the person’s estate 15 a claim of the sixth class for that portion of the liability 16 to the county which exceeds the total amount of all claims of 17 the first through the fifth classes, inclusive, as defined in 18 section 633.425 , which are allowed against that estate. 19 Sec. 2. Section 600B.1, Code 2015, is amended to read as 20 follows: 21 600B.1 Obligation of parents. 22 The parents of a child born out of wedlock and not 23 legitimized (in this chapter referred to as “the child”) owe 24 the child necessary maintenance, education, and support. They 25 are also liable for the child’s funeral expenses. The father 26 is also liable to pay the expense of the mother’s pregnancy and 27 confinement. The obligation of the parent to support the child 28 under the laws for the support of poor relatives applies to 29 children born out of wedlock. 30 Sec. 3. REPEAL. Sections 252.2, 252.3, 252.4, 252.5, 252.6, 31 252.7, 252.8, 252.9, and 252.15, Code 2015, are repealed. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -1- LSB 1064SC (2) 86 pf/nh 1/ 2
S.F. _____ This bill amends and repeals portions of Code chapter 1 252 (support of the poor) and makes other conforming changes 2 to eliminate the liability of any relative (father, mother, 3 children, grandparent, grandchild, or more distant relative) 4 of the poor person for support of the poor person or recovery 5 from such relative of money expended by the county for the 6 poor person. Under the bill, only the poor person is liable 7 for repayment of money expended by the county on behalf of the 8 poor person. The county may recover moneys expended for the 9 assistance or support of a poor person from the poor person 10 while living, if the person becomes able and the action to 11 recover is filed within two years after the person becomes 12 able; or, if the poor person is deceased, from the person’s 13 estate by filing the claim as provided by law. 14 -2- LSB 1064SC (2) 86 pf/nh 2/ 2