Text: HF02173 Text: HF02175 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 22.7, Code Supplement 1995, is amended 1 2 by adding the following new subsection: 1 3 NEW SUBSECTION. 33. Social security numbers of the owners 1 4 of unclaimed property reported to the treasurer of state 1 5 pursuant to section 556.11, subsection 2, included on claim 1 6 forms filed with the treasurer of state pursuant to section 1 7 556.19, included in outdated warrant reports received by the 1 8 treasurer of state pursuant to section 25.2, or stored in 1 9 record systems maintained by the treasurer of state for 1 10 purposes of administering chapter 556, or social security 1 11 numbers of payees included on state warrants included in 1 12 records systems maintained by the department of revenue and 1 13 finance for the purpose of documenting and tracking outdated 1 14 warrants pursuant to section 25.2. 1 15 Sec. 2. Section 25.2, Code Supplement 1995, is amended to 1 16 read as follows: 1 17 25.2 EXAMINATION OF REPORT &endash; APPROVAL OR REJECTION &endash; 1 18 PAYMENT. 1 19 The state appeal board with the recommendation of the 1 20 special assistant attorney general for claims may approve or 1 21 reject claims against the state of less than ten years 1 22 covering the following: outdated warrants; outdated sales and 1 23 use tax refunds; license refunds; additional agricultural land 1 24 tax credits; outdated invoices; fuel and gas tax refunds; 1 25 outdated homestead and veterans' exemptions; outdated funeral 1 26 service claims; tractor fees; registration permits; outdated 1 27 bills for merchandise; services furnished to the state; claims 1 28 by any county or county official relating to the personal 1 29 property tax credit; and refunds of fees collected by the 1 30 state. Payments authorized by the state appeal board shall be 1 31 paid from the appropriation or fund of original certification 1 32 of the claim. However, if that appropriation or fund has 1 33 since reverted under section 8.33 then such payment authorized 1 34 by the state appeal board shall be out of any money in the 1 35 state treasury not otherwise appropriated. Notwithstanding 2 1 the provisions of this section, the director of revenue and 2 2 finance may reissue outdated warrants. On or before November 2 3 1 of each year, the director of revenue and finance shall 2 4 provide the treasurer of state with a report of all unpaid 2 5 warrants which have been outdated for two years or more. The 2 6 treasurer shall include information regarding outdated 2 7 warrants in the notice published pursuant to section 556.12. 2 8The provisions of section 556.11 regarding agreements to pay2 9compensation for recovery or assistance in recovery of2 10unclaimed property are applicable to agreements to pay2 11compensation to recover or assist in the recovery of outdated2 12warrants.An agreement to pay compensation to recover or 2 13 assist in the recovery of an outdated warrant made within 2 14 twenty-four months after the date the warrant becomes outdated 2 15 is unenforceable. However, an agreement made after twenty- 2 16 four months from the date the warrant becomes outdated is 2 17 valid if the fee or compensation agreed upon is not more than 2 18 fifteen percent of the recoverable property, the agreement is 2 19 in writing and signed by the payee, and the writing discloses 2 20 the nature and value of the property and the name and address 2 21 of the person in possession. This section does not apply to a 2 22 payee who has a bona fide fee contract with a practicing 2 23 attorney regulated under chapter 602, article 10. 2 24 Sec. 3. Section 714.8, Code 1995, is amended by adding the 2 25 following new subsection: 2 26 NEW SUBSECTION. 16. Knowingly provides false information 2 27 to the treasurer of state when claiming, pursuant to section 2 28 556.19, an interest in unclaimed property held by the state, 2 29 or knowingly provides false information to a person or fails 2 30 to disclose the nature, value, and location of unclaimed 2 31 property prior to entering into a contract to receive 2 32 compensation to recover or assist in the recovery of property 2 33 reported as unclaimed pursuant to section 556.11. 2 34 EXPLANATION 2 35 Section 1 of this bill designates that social security 3 1 numbers, collected and included in record systems maintained 3 2 by the treasurer of state and the department of revenue and 3 3 finance in the course of administering claims for unclaimed 3 4 property and outdated warrants, shall be kept confidential 3 5 under the public records law. The department of revenue and 3 6 finance is directed by section 556.11 to administer claims for 3 7 unclaimed property and outdated warrants. 3 8 Section 2 relates to limitations placed upon contracts to 3 9 provide assistance in the recovery of outdated warrants held 3 10 by the department of revenue and finance. Warrants are 3 11 outstanding obligations such as income or sales tax refunds 3 12 issued by the state for property, which includes, but is not 3 13 limited to, money owed to a person by the state. 3 14 Specifically, section 2 provides that an agreement to pay 3 15 compensation to recover or assist in the recovery of an 3 16 outdated warrant made within 24 months after the date the 3 17 warrant becomes outdated is unenforceable. However, an 3 18 agreement made 24 months after the date the warrant becomes 3 19 outdated is valid if the fee or compensation agreed upon is 3 20 not more than 15 percent of the recoverable property, the 3 21 agreement is in writing and signed by the payee, and the 3 22 writing discloses the nature and value of the property and the 3 23 name and address of the person in possession. Section 2 does 3 24 not apply to a payee who has a bona fide fee contract with a 3 25 practicing attorney. 3 26 Section 3 expands the definition of acts constituting 3 27 fraudulent practices to include knowingly providing false 3 28 information for purposes of claiming an interest in unclaimed 3 29 property held by the state or securing a contract with another 3 30 for the recovery of unclaimed property. 3 31 LSB 4276YH 76 3 32 kah/sc/14
Text: HF02173 Text: HF02175 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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