Text: SF00354                           Text: SF00356
Text: SF00300 - SF00399                 Text: SF Index
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Senate File 355

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  556F.6A  FINDER'S OPTIONS IN
  1  2 DISPOSING OF FOUND PROPERTY.
  1  3    A person who finds lost goods, money, bank notes, or other
  1  4 property, and where the owner is unknown, may do either of the
  1  5 following:
  1  6    1.  Comply with the provisions of sections 556F.7 through
  1  7 556F.10.
  1  8    2.  Deliver the goods, money, bank notes, or other property
  1  9 to the sheriff of the county where such property was found, or
  1 10 to a local law enforcement agency of the jurisdiction where
  1 11 the property was found.  The sheriff or local law enforcement
  1 12 agency shall make every reasonable effort to identify the
  1 13 owner of the property and return the property if the owner is
  1 14 located.  If the owner of the property is not identified and a
  1 15 person does not appear to claim and prove ownership of the
  1 16 property within twelve months of the date the property is
  1 17 delivered to the sheriff or local law enforcement agency, the
  1 18 right to the property is irrevocably vested in the finder and
  1 19 the property shall be delivered to the finder.
  1 20    Sec. 2.  Section 556F.8, Code 1999, is amended to read as
  1 21 follows:
  1 22    556F.8  ADVERTISEMENT.
  1 23    The finder of such lost goods, money, bank notes, or other
  1 24 things, shall forthwith auditor shall give written notice of
  1 25 the finding of such property.  Such The notice shall contain
  1 26 an accurate description of the property and a statement as to
  1 27 the time when and place where the same property was found, and
  1 28 the post-office address of the finder.  Said The notice shall
  1 29 be made as follows:
  1 30    1.  Be Notice shall be posted at the door, or other
  1 31 conspicuous place, of the courthouse in the county in which
  1 32 the property was found and in three other of the most public
  1 33 places in the said county; and.
  1 34    2.  In case If the property found shall exceed ten exceeds
  1 35 five hundred dollars in value as determined by the auditor, in
  2  1 addition to the notice provided under subsection 1, the notice
  2  2 shall be published once each week for three consecutive weeks
  2  3 in some newspaper published in and having general circulation
  2  4 in said the county.
  2  5    Sec. 3.  Section 556F.9, Code 1999, is amended to read as
  2  6 follows:
  2  7    556F.9  RECORD OF PUBLICATION.
  2  8    Proof of publication of said notice and of the posting
  2  9 thereof shall be made by affidavits affidavit of the publisher
  2 10 and the person posting said notices of the notice, and said
  2 11 affidavits the affidavit shall be filed in the office of the
  2 12 county auditor of said the county.
  2 13    Sec. 4.  Section 556F.14, Code 1999, is amended to read as
  2 14 follows:
  2 15    556F.14  COSTS, CHARGES, AND CARE – ASSESSMENT.
  2 16    The owner shall also be required to pay the finder or
  2 17 auditor all such costs and charges as may have been paid by
  2 18 the finder or auditor for services rendered as aforesaid,
  2 19 including the cost of publication, together with reasonable
  2 20 charges for keeping and taking care of such property, which
  2 21 last mentioned charge, in case the finder and the owner cannot
  2 22 agree, shall be assessed by two disinterested householders of
  2 23 the neighborhood, to be appointed by some magistrate judge of
  2 24 the proper county, whose decision, when made, shall be binding
  2 25 and conclusive on all parties.  
  2 26                           EXPLANATION 
  2 27    This bill establishes an alternative option for a person to
  2 28 dispose of found property.  The bill provides that the person
  2 29 may deliver the goods, money, bank notes, or other property to
  2 30 the sheriff of the county where such property was found, or to
  2 31 a local law enforcement agency of the jurisdiction where the
  2 32 property was found.  The sheriff or local law enforcement
  2 33 agency is given responsibility for attempting to find the
  2 34 owner of the found property.  If the owner is not located and
  2 35 no one claims the property within 12 months of the date the
  3  1 property is delivered to the sheriff or local law enforcement
  3  2 agency, the right to the property is irrevocably vested in the
  3  3 finder and the property shall be delivered to the finder.
  3  4 Currently, the finder of the property is charged with the
  3  5 responsibility of attempting to locate the owner and posting
  3  6 notice on the door of the courthouse of the county in which
  3  7 the property was found and three other public places in the
  3  8 county.  This option remains for the finder.
  3  9    The bill amends Code section 556F.8 and provides that the
  3 10 auditor is to give written notice concerning found property
  3 11 rather than the finder of the lost property.  The bill
  3 12 provides that if the value of the property exceeds $500 as
  3 13 determined by the auditor, notice is also to be published once
  3 14 each week for three consecutive weeks.  Currently, such
  3 15 publication is to occur if the value of the property exceeds
  3 16 $10.  The bill provides for the costs and charges incurred and
  3 17 paid by the auditor to be reimbursed by the owner of the lost
  3 18 property.
  3 19    This bill may create a state mandate as defined in section
  3 20 25B.3.  
  3 21 LSB 2701XS 78
  3 22 mj/cf/24
     

Text: SF00354                           Text: SF00356
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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