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Senate File 408

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 22.7, subsection 32, Code 2001, is
  1  2 amended to read as follows:
  1  3    32.  Social security numbers of the owners of unclaimed
  1  4 property reported to the treasurer of state pursuant to
  1  5 section 556.11, subsection 2, included on claim forms filed
  1  6 with the treasurer of state pursuant to section 556.19,
  1  7 included in outdated warrant reports received by the treasurer
  1  8 of state pursuant to section 25.2, or stored in record systems
  1  9 maintained by the treasurer of state for purposes of
  1 10 administering chapter 556, or social security numbers of
  1 11 payees included on state warrants included in records systems
  1 12 maintained by the department of revenue and finance for the
  1 13 purpose of documenting and tracking outdated warrants pursuant
  1 14 to section 25.2.
  1 15    However, information contained in reports by a holder of
  1 16 property presumed abandoned under chapter 556, made to the
  1 17 treasurer of state pursuant to section 556.11, subsection 2,
  1 18 including but not limited to the social security numbers and
  1 19 birth dates of persons who appear from the records of a holder
  1 20 to be the owners of the property presumed to be abandoned,
  1 21 shall be subject to disclosure by the treasurer, upon request,
  1 22 to attorneys and private investigators licensed in this state,
  1 23 for the purpose of confirming the identity of the owners or
  1 24 heirs of the owners of the property that is presumed to be
  1 25 abandoned.
  1 26    Sec. 2.  Section 422.43, subsection 11, unnumbered
  1 27 paragraph 1, Code 2001, is amended to read as follows:
  1 28    The following enumerated services are subject to the tax
  1 29 imposed on gross taxable services:  alteration and garment
  1 30 repair; armored car; vehicle repair; battery, tire, and
  1 31 allied; investment counseling; service charges of all
  1 32 financial institutions; barber and beauty; boat repair;
  1 33 vehicle wash and wax; carpentry; roof, shingle, and glass
  1 34 repair; dance schools and dance studios; dating services; dry
  1 35 cleaning, pressing, dyeing, and laundering; electrical and
  2  1 electronic repair and installation; rental of tangible
  2  2 personal property, except mobile homes which are tangible
  2  3 personal property; excavating and grading; farm implement
  2  4 repair of all kinds; flying service; furniture, rug,
  2  5 upholstery repair and cleaning; fur storage and repair; golf
  2  6 and country clubs and all commercial recreation; house and
  2  7 building moving; household appliance, television, and radio
  2  8 repair; jewelry and watch repair; limousine service, including
  2  9 driver; machine operator; machine repair of all kinds; motor
  2 10 repair; motorcycle, scooter, and bicycle repair; oilers and
  2 11 lubricators; office and business machine repair; painting,
  2 12 papering, and interior decorating; parking facilities; pipe
  2 13 fitting and plumbing; wood preparation; licensed executive
  2 14 search agencies; private employment agencies, excluding
  2 15 services for placing a person in employment where the
  2 16 principal place of employment of that person is to be located
  2 17 outside of the state; sewage services for nonresidential
  2 18 commercial operations; sewing and stitching; shoe repair and
  2 19 shoeshine; sign construction and installation; storage of
  2 20 household goods, mini-storage, and warehousing of raw
  2 21 agricultural products; swimming pool cleaning and maintenance;
  2 22 taxidermy services; telephone answering service; test
  2 23 laboratories, including mobile testing laboratories and field
  2 24 testing by testing laboratories, and excluding tests on humans
  2 25 or animals; termite, bug, roach, and pest eradicators; tin and
  2 26 sheet metal repair; turkish baths, massage, and reducing
  2 27 salons, excluding services provided by massage therapists
  2 28 licensed under chapter 152C; weighing; welding; well drilling;
  2 29 wrapping, packing, and packaging of merchandise other than
  2 30 processed meat, fish, fowl, and vegetables; wrecking service;
  2 31 wrecker and towing; pay television; campgrounds; carpet and
  2 32 upholstery cleaning; gun and camera repair; janitorial and
  2 33 building maintenance or cleaning; lawn care, landscaping, and
  2 34 tree trimming and removal; pet grooming; reflexology; security
  2 35 and detective services; tanning beds or salons; and water
  3  1 conditioning and softening.
  3  2    Sec. 3.  Section 556.11, unnumbered paragraph 1, which
  3  3 follows subsection 8, paragraph b, Code 2001, is amended to
  3  4 read as follows:
  3  5    9.  All agreements to pay compensation to recover or assist
  3  6 in the recovery of property reported under this section, made
  3  7 within twenty-four months after the date payment or delivery
  3  8 is made under section 556.13 are unenforceable.  However, such
  3  9 agreements made after twenty-four months from the date of
  3 10 payment or delivery are valid if the fee or compensation
  3 11 agreed upon is not more than fifteen thirty percent of the
  3 12 recoverable property, the agreement is in writing and signed
  3 13 by the owner, and the writing discloses the nature and value
  3 14 of the property and the name and address of the person in
  3 15 possession.  This section does not prevent an owner from
  3 16 asserting, at any time, that an agreement to locate property
  3 17 is based upon excessive or unjust consideration.  This section
  3 18 does not apply to an owner who has a bona fide fee contract
  3 19 with a practicing attorney and counselor as described in
  3 20 chapter 602, article 10.  
  3 21                           EXPLANATION
  3 22    This bill relates to investigators, detectives, and
  3 23 attorneys and their recovery of abandoned property and the
  3 24 taxation of their services.  It amends Code section 22.7,
  3 25 subsection 32, to provide that information contained in
  3 26 reports by a holder of property presumed abandoned, which are
  3 27 made to the state treasurer, including social security numbers
  3 28 and birth dates of persons who appear to be the owners of the
  3 29 property, which is now considered to be confidential is
  3 30 subject to disclosure to licensed attorneys and private
  3 31 investigators in this state for the purpose of confirming the
  3 32 identity of the owners or heirs of the owners of the property
  3 33 that is presumed abandoned.
  3 34    The bill eliminates detective services from the listing of
  3 35 those services upon which the sales tax on services is
  4  1 imposed.
  4  2    The bill increases from 15 percent to 30 percent the
  4  3 maximum rate that may be agreed upon for the recovery or
  4  4 assistance in recovery of abandoned property after 24 months
  4  5 from the date of payment or delivery.  
  4  6 LSB 2543XS 79
  4  7 av/pj/5.1
     

Text: SF00407                           Text: SF00409
Text: SF00400 - SF00499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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