19.0497.03000
Sixty-sixth
Legislative Assembly SENATE BILL NO. 2225
of North Dakota
Introduced by
Senators Dever, Oban
Representatives Keiser, Klemin, Kreidt, Longmuir
1 A BILL for an Act to amend and reenact section 14-09-10 of the North Dakota Century Code,
2 relating to familial duty to support for health services; to repeal section 50-01-19 of the North
3 Dakota Century Code, relating to familial duty to support for county welfare; to provide for
4 application; and to declare an emergency.
5 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
6 SECTION 1. AMENDMENT. Section 14-09-10 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 14-09-10. Reciprocal duty of support for health services - Support of poor.
9 It is the duty of the father, the mother,
10 1. Each parent and every adult child of any personan adult who is unable to support
11 oneself, to shall maintain that personadult to the extent of the ability of each. This
12 liability may be enforced by any person furnishing necessaries to the person. The
13 promise of an adult child to pay for necessaries furnished to the child's parent is
14 binding.
15 2. Except as provided under subsection 3, a creditor may not recover under this duty of
16 support unless the:
17 a. Recovery sought by a creditor is for the furnishing of necessary health services,
18 which may include medical and long-term care services;
19 b. Recovery sought is from a parent or adult child who received a direct benefit from
20 a disqualifying transfer of an asset under section 50-06.2-07 or 50-24.1-02.8;
21 c. Recovery being sought from this parent or adult child does not exceed the fair
22 market gain resulting from the disqualifying transfer; and
23 d. Disqualifying transfer occurred within five years of the receipt of the necessary
24 health services.
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 Sixty-sixth
Legislative Assembly
1 3. A creditor may recover under this duty to support if the:
2 a. Recovery is sought from a parent or adult child who acted in bad faith by
3 misappropriating, misusing, or diverting income or assets of the other adult to
4 prevent or avoid payment for necessary health services, which may include
5 medical and long-term care services; and
6 b. The bad faith action occurred within five years of the receipt of the necessary
7 health services.
8 SECTION 2. REPEAL. Section 50-01-19 of the North Dakota Century Code is repealed.
9 SECTION 3. APPLICATION. This Act applies to a collection action to enforce liability for
10 furnishing necessaries which occurs on and after the effective date of this Act.
11 SECTION 4. EMERGENCY. This Act is declared to be an emergency measure.
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Statutes affected:
INTRODUCED: 14-09-10, 50-01-19
FIRST ENGROSSMENT: 14-09-10, 50-01-19
Enrollment: 14-09-10, 50-01-19