25.0560.01000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Senator Braunberger
Representatives Conmy, Dobervich
A BILL for an Act to amend and reenact subsection 1 of section 12.1-23-09, sections 14-02-07,
14-03-01, 14-03-08, 14-05-06, 14-05-18, 14-07-01, 14-07-03, 14-07-04, 14-07-06, 14-07-07,
14-07-08, 14-07-12, 14-07-13, and 14-07-14, subsection 9 of section 14-12.2-28, subsection 4
of section 14-14.1-30, sections 14-15-03, 14-15-20, 14-18-05, 14-18-08, and 20.1-03-06,
subsections 8, 28, and 31 of section 20.1-03-12, section 30.1-10-02, subdivision b of
subsection 1 of section 30.1-10-04, sections 35-01-04, 47-18-04, 47-18-05, 47-18-14, and
50-25.1-10, subsection 4 of section 54-52.4-02, subsection 2 of section 57-38-31, subsection 5
of section 57-40.3-04, section 57-40.3-07, and subsection 3 of section 57-40.5-03 of the North
Dakota Century Code, relating to the definition of marriage and the recognition of marital
relationships.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subsection 1 of section 12.1-23-09 of the North Dakota
Century Code is amended and reenacted as follows:
1.It is a defense to a prosecution under this chapter that:
a.The actor reasonably believed that the actor had a claim to the property or
services involved which the actor was entitled to assert in the manner which
forms the basis for the charge against the actor; or
b.The victim is the actor's spouse, but only when the property involved constitutes
household or personal effects or other property normally accessible to both
spouses and the parties involved are living together. The term "spouse", as used
in this section, includes personsindividuals living together as husband and
wifemarried individuals.
SECTION 2. AMENDMENT. Section 14-02-07 of the North Dakota Century Code is
amended and reenacted as follows:
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SENATE BILL NO. 2264
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14-02-07. Force to protect.
Any necessaryNecessary force may be used to protect from wrongful injury the person or
property of one's self, or of a wife, husbandspouse, child, parent, or other relative, or member of
one's family, or of a ward, servant, master, or guest.
SECTION 3. AMENDMENT. Section 14-03-01 of the North Dakota Century Code is
amended and reenacted as follows:
14-03-01. What constitutes marriage - Spouse defined.
Marriage is a personal relation arising out of a civil contract between one man and one
womantwo individuals to which the consent of the parties is essential. The marriage relation
may be entered into, maintained, annulled, or dissolved only as provided by law. A spouse
refers only to a person of the opposite sexto an individual who is a husband or a wifeone of two
individuals married to each other.
SECTION 4. AMENDMENT. Section 14-03-08 of the North Dakota Century Code is
amended and reenacted as follows:
14-03-08. Foreign marriages recognized - Exception.
Except when residents of this state contract a marriage in another state which is prohibited
under the laws of this state, all marriages contracted outside this state, which are valid
according to the laws of the state or country where contracted, are valid in this state. This
section applies only to a marriage contracted in another state or country which is between one
man and one woman as husband and wife.
SECTION 5. AMENDMENT. Section 14-05-06 of the North Dakota Century Code is
amended and reenacted as follows:
14-05-06. Desertion defined.
Willful desertion is the voluntary separation of one of the married partiesspouse from the
other with intent to desert:
1.Persistent refusal to have reasonable matrimonial intercourse as husband and
wifespouses when health or physical condition does not make suchthe refusal
reasonably necessary, or the refusal of either partyspouse to dwell in the same house
with the other partyspouse when there is no just cause for suchthat refusal, is
desertion.
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2.When one partyspouse is induced by the stratagem or fraud of the other partyspouse
to leave the family dwelling place or to be absent, and during suchthe absence the
offending partyspouse departs with intent to desert the other, it is desertion by the
partyspouse committing the stratagem or fraud and not by the other.
3.Departure or absence of one partyspouse from the family dwelling place caused by
cruelty or by threats of bodily harm from which danger reasonably would be
apprehended from the other is not desertion by the absent partyspouse, but it is
desertion by the other partyspouse.
4.Separation by consent, with or without the understanding that one of the
partiesspouses will apply for a divorce, is not desertion.
5.Absence or separation, proper in itself, becomes desertion whenever the intent to
desert is fixed during suchthat absence or separation.
6.Consent to a separation is a revocable act, and if one of the parties
afterwardsspouses in good faith seeks a reconciliation and restoration after the
separation, but the other refuses it, suchthat refusal is desertion.
7.If one partyspouse deserts the other and before the expiration of the statutory period
required to make the desertion a cause of divorce returns and offers in good faith to
fulfill the marriage contract and solicits condonation, the desertion is cured. If the other
partyspouse refuses suchthe offer and condonation, the refusal must be deemed and
treated as desertion by such partythat spouse from the time of the refusal.
SECTION 6. AMENDMENT. Section 14-05-18 of the North Dakota Century Code is
amended and reenacted as follows:
14-05-18. Presumption of domicile.
In actionsan action for divorce, the presumption of law that the domicile of the husbandone
spouse is the domicile of the wifeother spouse does not apply. After separation, each
partyspouse may have a separate domicile, depending for proof uponon proof of actual
residence and not uponon legal presumptions.
SECTION 7. AMENDMENT. Section 14-07-01 of the North Dakota Century Code is
amended and reenacted as follows:
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14-07-01. Mutual obligations.
Husband and wifeTwo individuals married to each other contract toward each other
obligations of mutual respect, fidelity, and support.
SECTION 8. AMENDMENT. Section 14-07-03 of the North Dakota Century Code is
amended and reenacted as follows:
14-07-03. Duty to support.
The husband and wifeTwo individuals married to each other have a mutual duty to support
each other out of their individual property and labor.
SECTION 9. AMENDMENT. Section 14-07-04 of the North Dakota Century Code is
amended and reenacted as follows:
14-07-04. Separate property - Rights and privileges.
Except as otherwise provided by section 14-07-03, neither the husband nor the wifespouse
has any interest in the property of the other spouse, but neither can be excluded from the
other's dwelling.
SECTION 10. AMENDMENT. Section 14-07-06 of the North Dakota Century Code is
amended and reenacted as follows:
14-07-06. Contracts between husband and wifespouses and third persons as to
property.
Either husband or wifespouse in a marital relation may enter into any engagement or
transaction with the other spouse or with other persons respecting property which either might
enter into if unmarried.
SECTION 11. AMENDMENT. Section 14-07-07 of the North Dakota Century Code is
amended and reenacted as follows:
14-07-07. Contracts to alter marital relations.
A husband and wife cannotTwo individuals married to each other may not by any contract
with each other alter their marital relations, except that they may agree in writing to an
immediate separation and may make provision for the support of either of themspouse and of
their children during suchthe separation. The mutual consent of the parties is a sufficient
consideration for such athe separation agreement.
SECTION 12. AMENDMENT. Section 14-07-08 of the North Dakota Century Code is
amended and reenacted as follows:
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14-07-08. Separate and mutual rights and liabilities of husband and wifespouses.
The separate and mutual rights and liabilities of a husband and a wifespouses in a marital
relation are as follows:
1.Neither the husband nor the wife as suchspouse is answerable for the acts of the
other.
2.Except for necessary expenses as provided in subsection 3, the earnings of one
spouse are not liable for the debts of the other spouse, and the earnings and
accumulations of either spouse and of any minor children living with either spouse or
in one spouse's custody, while the husband and wifespouses are living separate from
each other, are the separate property of each spouse.
3.Except for abandonment as provided in section 14-07-11, the husband and wife
areeach spouse is liable jointly and severally for any debts contracted by either for
necessary household supplies of food, clothing, and fuel,; medical care, and for;
shelter for themselves and family,; and for the education of their minor children.
4.The separate property of the husband or wifea spouse is not liable for the debts of the
other spouse but each is liable for their own debts contracted before or after marriage.
SECTION 13. AMENDMENT. Section 14-07-12 of the North Dakota Century Code is
amended and reenacted as follows:
14-07-12. Transfer of property when abandoned or imprisoned.
In case the husband or wifeIf a spouse abandons the other and removes fromleaves the
state and is absent therefromfrom the state for one year without providing for the maintenance
and support of that person'sspouse's family, or is sentenced to imprisonment either in the
county jail or penitentiary for thea period of one year or more, the district court of the county
where the husband or wife so abandoned or not in prisonabandoned or unconfined spouse
resides, on application by affidavit of such husband or wifethe abandoned or unconfined spouse
fully setting forth the facts and supported by such other testimony as the court may deemdeems
necessary, may authorize that personthe abandoned or unconfined spouse to manage, control,
sell, or encumber the property of the husband or wifeother spouse for the support and
maintenance of the family and for the purpose of paying debts contracted prior to suchbefore
the abandonment or imprisonment. Notice of suchthe proceedings must be given to the
opposite party and must be served as a summons is served in ordinary actions.
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SECTION 14. AMENDMENT. Section 14-07-13 of the North Dakota Century Code is
amended and reenacted as follows:
14-07-13. Contracts made under power given by court binding on both parties.
All contracts, sales, or encumbrances made by either by the husband or the wifespouse by
virtue of the power contemplated and granted by order of the court as provided in section
14-07-12 are binding on both, and during suchthe absence or imprisonment, the personspouse
acting under suchthat power may sue and be sued thereon. For all acts done, the property of
both parties is liable, and execution may be levied or attachment issued thereonon that property
according to statute. NoA suit or proceedings mayproceeding may not abate or in
anywiseotherwise be affected by the return or release of the person confinedconfined spouse,
but that personspouse may be permitted to prosecute or defend jointly with the other.
SECTION 15. AMENDMENT. Section 14-07-14 of the North Dakota Century Code is
amended and reenacted as follows:
14-07-14. When order for transfer may be set aside.
The husband or wifespouse affected by the proceedings contemplated in sections 14-07-12
and 14-07-13 may have the order or decree of the court set aside or annulled by affidavit of
suchthat party, setting forth fully the facts and supported by such other testimony as the court
shall deemdeems proper. Notice of proceedings to set aside and annul the order must be given
the person in whose favor the same was granted and must be served as a summons is served
in an ordinary action. The setting aside of the decree or order in no way affects anydoes not
affect an act done thereundertaken under the decree or order.
SECTION 16. AMENDMENT. Subsection 9 of section 14-12.2-28 of the North Dakota
Century Code is amended and reenacted as follows:
9.The defense of immunity based on the spousal relationship of husband and wife or the
parent and child relationship does not apply in a proceeding under this chapter.
SECTION 17. AMENDMENT. Subsection 4 of section 14-14.1-30 of the North Dakota
Century Code is amended and reenacted as follows:
4.A privilege against disclosure of communications between spouses and a defense of
immunity based on the spousal relationship of husband and wife or parent and child
relationship may not be invoked in a proceeding under sections 14-14.1-22 through
14-14.1-37.
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SECTION 18. AMENDMENT. Section 14-15-03 of the North Dakota Century Code is
amended and reenacted as follows:
14-15-03. Who may adopt.
The following individuals may adopt:
1.A husband and wifeTwo married individuals together although one or both are minors.
2.An unmarried adult.
3.The unmarried father or mother of the individual to be adopted.
4.A married individual without the other spouse joining as a petitioner, if the individual to
be adopted is not the adopting person'sindividual's spouse, and if:
a.The petitioner is a stepparent of the individual to be adopted and the biological or
legal parent of the individual to be adopted consents;
b.The petitioner and the other spouse are legally separated; or
c.The failure of the other spouse to join in the petition or to consent to the adoption
is excused by the court by reason of prolonged unexplained absence,
unavailability, incapacity, or circumstances constituting an unreasonable
withholding of consent.
SECTION 19. AMENDMENT. Section 14-15-20 of the North Dakota Century Code is
amended and reenacted as follows:
14-15-20. Adoption and legitimation by conduct.
Notwithstanding the other provisions of this chapter, the biological father of an illegitimate
minor adopts and legitimates a minor by publicly acknowledging the minor as that man's child,
receiving the minor into that man's home, with the consent of that man's wifespouse, if that man
is married, and otherwise treating the minor as if the minor were legitimate. Thereafter, the
minor is deemed the legitimate child of the father for all purposes from the time of birth of the
minor, the same as if the adoption had been finally decreed pursuant to this chapter.
SECTION 20. AMENDMENT. Section 14-18-05 of the North Dakota Century Code is
amended and reenacted as follows:
14-18-05. Surrogate agreements.
Any agreement in which a woman agrees to become a surrogate or to relinquish that
woman's rights and duties as parent of a child conceived through assisted conception is void.
The surrogate, however, is the mother of a resulting child and the surrogate's husbandspouse, if
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a party to the agreement, is the fathera parent of the child. If the surrogate's husbandspouse is
not a party to the agreement or the surrogate is unmarried, paternity of the child is governed by
chapter 14-20.
SECTION 21. AMENDMENT. Section 14-18-08 of the North Dakota Century Code is
amended and reenacted as follows:
14-18-08. Gestational carrier agreements.
A child born to a gestational carrier is a child of the intended parents for all purposes and is
not a child of the gestational carrier and the gestational carrier's husbandspouse, if any.
SECTION 22. AMENDMENT. Section 20.1-03-06 of the North Dakota Century Code is
amended and reenacted as follows:
20.1-03-06. Contents of resident general game, fur-bearer, or fishing licenses -
Licenses not transferable - Resident family fishing license.
1.A resident general game, fur-bearer, or fishing license is not transferable. Each such
license shallmust:
1.a.Describe the licensee.
2.b.Designate the licensee's place of residence.
3.c.Have printed upon it in large figures the year for which it is issued, or if it is a
fur-bearer license, the statement that it expires on the first day of September
following the date of issue.
4.d.Have printed upon it in large letters the word "nontransferable".
5.e.Be issued in the name of the director.
2.In addition to the regular resident fishing license, there is hereby authorized a resident
family fishing license allowing the husband and wife of a familymay be issued which
allows two individuals married to each other to fish under one license. SuchA family
fishing license shall beis valid for the same period as other resident fishing licenses
and shall be issued in duplicate. The husband and wife are each toEach spouse shall
have a copy in possession while fishing.
SECTION 23. AMENDMENT. Subsections 8, 28, and 31 of section 20.1-03-12 of the North
Dakota Century Code are amended and reenacted as follows:
8.For a resident husband and wife fishing license for two individuals married to each
other, twenty-two dollars.
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28.For a resident husband and wife frog license for two individuals married to each other,
five dollars.
31.For a nonresident husband and wife fishing license for two individuals married to each
other, sixty dollars.
SECTION 24. AMENDMENT. Section 30.1-10-02 of the North Dakota Century Code is
amended and reenacted as follows:
30.1-10-02. (2-802) Effect of divorce, annulment, and decree of separation.
1.An individual who is divorced from the decedent or whose marriage to the decedent
has been annulled is not a surviving spouse unless, by virtue of a subsequent
marriage, the spouse is married to the decedent at the time of death. A decree of
separation that does not terminate the marital status of husband and wifethe spouses
is not a divorce for purposes of this section.
2.For purposes of chapters 30.1-04 through 30.1-07 and section 30.1-13-03, a surviving
spouse does not include:
a.An individual who obtains or consents to a final decree or judgment of divorce
from the decedent or an annulment of their marriage, which decree or judgment
is not recognized as valid in this state, unless subsequently thatthey participate in
a marriage ceremony purporting to marry each to the other or live together as
husband and wifemarried individuals;
b.An individual who, following an invalid decree or judgment of divorce or
annulment obtained by the decedent, participates in a marriage ceremony with a
third individual; or
c.An individual who was a party to a valid proceeding concluded by an order
purporting to terminate all marital property rights.
SECTION 25. AMENDMENT. Subdivision b of subsection 1 of section 30.1-10-04 of the
North Dakota Century Code is amended and reenacted as follows:
b."Divorce or annulment" means any divorce or annulment, or any dissolution or
declaration of invalidity of a marriage, that would exclude the spouse as a
surviving spouse within the meaning of section 30.1-10-02. A decree of
separation that does not terminate the marital status of husband and wifethe
spouses is not a divorce for purposes of this section.
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SECTION 26. AMENDMENT. Section 35-01-04 of the North Dakota Century Code is
amended and reenacted as follows:
35-01-04. Creation of lien by contract or by operation of law - Special circumstances
and exception.
1.A lien or security interest is created by contract or by operation of law. No lien arisesA
lien does not arise by operation of law until the time at which the act secured by the
lien is to be performed.
2.A security interest in personal property is governed by chapter 41-09, except that a bill
of sale or security agreement, that is not a purchase money security interest, with
respect to household goods, effects, furniture of individuals married personsto each
other, or personal property exempt from execution is void unless the instrument by
which it is transferred or encumbered is jointly executed by the husband and wife
individuals married to each other, if both are living.
3.This section does not apply to transfers or liens arising by operation of law nor to
security agreements relating to threshed grains made with any lending agency
authorized to make commodity credit corporation loans on threshed grains.
SECTION 27. AMENDMENT. Section 47-18-04 of the North Dakota Century Code is
amended and reenacted as follows:
47-18-04. When homestead subject to execution.
A homestead is subject to execution or forced sale in satisfaction of judgments obtained in
the following cases:
1.On debts secured by mechanics', construction, or laborers' liens for work or labor done
or performed or material furnished exclusively for the improvement of the same.
2.On debts secured by mortgage on the premises executed and acknowledged by both
husband and wifeparties to a marriage, or an unmarried claimant.
3.On debts created for the purchase thereofof the homestead and for all taxes accruing
and levied thereonon the homestead.
4.On all other debts when, upon an appraisal as provided by section 47-18-06, it
appears that the value of the homestead is more than one hundred fifty thousand
dollars over and above liens or encumbrances on the homestead, and then only to the
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extent of any value in excess of the sum total of the liens and encumbrances plus said
one hundred fifty thousand dollars.
SECTION 28. AMENDMENT. Section 47-18-05 of the North Dakota Century Code is
amended and reenacted as follows:
47-18-05. Homestead - How conveyed.
The homestead of a married personindividual, without regard to the value thereofof the
homestead, cannotmay not be conveyed or encumbered unless the instrument by which it is
conveyed or encumbered is executed and acknowledged by both the husband and wifeparties
to a marriage.
SECTION 29. AMENDMENT. Section 47-18-14 of the North Dakota Century Code is
amended and reenacted as follows:
47-18-14. Proceeds of sale exempt - Disposition.
If the sale of a homestead is made as provided in section 47-18-13, the proceeds thereofof
the sale to the amount of the homestead exemption must be paid to the claimant and the
residue applied to the satisfaction of the execution. When the execution is against a married
claimant whose spouse is living, the court may direct that the one hundred fifty thousand dollars
be deposited in court to be paid out only on the joint receipt of the husband and wifeboth
spouses, and it shall possess all the protection against legal process and voluntary disposition
by either spouse as did the original homestead premises whether paid directly to the claimant or
to the husband and wifeboth spouses jointly.
SECTION 30. AMENDMENT. Section 50-25.1-10 of the North Dakota Century Code is
amended and reenacted as follows:
50-25.1-10. Abrogation of privileged communications.
Any privilege of communication between husband and wifetwo individuals married to each
other or between any professional person and the person's patient or client, except between
attorney and client, is abrogated and does not constitute grounds for preventing a report to be
made or for excluding evidence in any proceeding regarding child abuse, neglect, or death
resulting from abuse or neglect resulting from a report made under this chapter.
SECTION 31. AMENDMENT. Subsection 4 of section 54-52.4-02 of the North Dakota
Century Code is amended and reenacted as follows:
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4.In any case in which a husband and wifeIf two individuals married to each other are
each entitled to family leave under this chapter and are employed by the same
employer, the aggregate period of family leave to which both are entitled may be
limited by the employer to twelve workweeks during any twelve-month period.
SECTION 32. AMENDMENT. Subsection 2 of section 57-38-31 of the North Dakota
Century Code is amended and reenacted as follows:
2.The same filing status and deduction method used by a husband and wifetwo
individuals married to each other when filing federal income tax returns must be used
when filing state income tax returns.
SECTION 33. AMENDMENT. Subsection 5 of section 57-40.3-04 of the North Dakota
Century Code is amended and reenacted as follows:
5.a.A motor vehicle acquired by inheritance from, by bequest of, or operation of a
trust created by a decedent who owned it;
b.The transfer of a motor vehicle that was previously titled or licensed in the name
of an individual or in the names of two or more joint tenants and subsequently
transferred without monetary consideration to one or more joint tenants, including
a transfer into a trust in which one or more of the joint tenants is beneficiary or
trustee;
c.The transfer of a motor vehicle by way of gift between a husband and wifetwo
individuals married to each other, parent and child, grandparent and grandchild,
or brothers and sisters, including a transfer into a trust in which the trustor and
beneficiary occupy one of these relationships;
d.The transfer of a motor vehicle without monetary consideration into a trust in
which the beneficiary is the person in whose name the motor vehicle was
previously titled or licensed;
e.The transfer of a motor vehicle to reflect a new name of the owner caused by a
business reorganization in which the ownership of the reorganized business
remains in the same person or persons as before the reorganization, if the title
transfer is completed within one hundred eighty days from the effective date of
the reorganization;
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f.The transfer of a motor vehicle previously transferred under subdivision e which
returns ownership to the previous owner; and
g.The transfer of a motor vehicle without monetary consideration from a revocable
living trust to the trustor or to the spouse, child, or sibling of the trustor.
SECTION 34. AMENDMENT. Section 57-40.3-07 of the North Dakota Century Code is
amended and reenacted as follows:
57-40.3-07. Title or license registration not to be issued unless tax paid.
No title or license registration shall be issued by theThe director of the department of
transportation may not issue a title or license registration for the ownership or operation of anya
motor vehicle to anyan applicant for title or license registration unless the tax imposed by this
chapter shall beis paid by the applicant to the director of the department of transportation
except:
1.For those vehicles whichthat have been previously licensed and the applicant for
license registration is the same person in whose name the license registration had
previously been issued.
2.For those vehicles transferred by way of gift between a husband and wifetwo
individuals married to each other, parent and child, or brothers and sisters.
3.For those vehicles whichthat have been previously licensed and the applicant for
license registration is the same business organization to which the license registration
had been issued but the name of which has been changed through incorporation or
other reorganization in business structure but the ownership of which remains in the
same person or persons as prior tobefore the reorganization.
4.For vehicles whichthat have been previously licensed and are transferred between a
member of a general or limited partnership and the partnership at the time the
partnership is established or terminated, between a stockholder of a corporation and
the corporation at the time the corporation is organized or liquidated, or between a
member of a limited liability company and the limited liability company at the time the
limited liability company is organized or terminated.
5.For a vehicle leased and registered or licensed in another state by a nonresident
individual who is stationed as a member of the armed services of the United States in
this state, the vehicle is exempt from tax imposed under this chapter and registration
Page No. 13 25.0560.01000
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31 Sixty-ninth
Legislative Assembly
in this state must be issued upon application and payment of appropriate registration
fees.
SECTION 35. AMENDMENT. Subsection 3 of section 57-40.5-03 of the North Dakota
Century Code is amended and reenacted as follows:
3.Aircraft whichthat were previously titled or registered in the names of two or more joint
tenants and subsequently transferred without monetary consideration to one or more
of the joint tenants; the transfer of aircraft by gift, inheritance, or devise between a
husband and wifetwo individuals married to each other, parent and child, or brothers
and sisters; and the transfer of aircraft to reflect a new name of the owner caused by a
business reorganization, if the ownership of the business organization remains in the
same person or persons as prior tobefore the reorganization.
Page No. 14 25.0560.01000
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