Senate File 227 - Introduced
SENATE FILE
BY HOGG
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to agreements to pay compensation to recover or
2 assist in the recovery of certain unclaimed property.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 556.2C, subsection 2, Code 2007, is
1 2 amended to read as follows:
1 3 2. An agreement to pay compensation to recover or assist
1 4 in the recovery of an outstanding warrant made within
1 5 twenty=four months after the date the warrant is canceled is
1 6 unenforceable. However, an agreement made after twenty=four
1 7 months from the date the warrant is canceled is valid if the
1 8 fee or compensation agreed upon is not more than fifteen
1 9 twenty percent of the recoverable property, the agreement is
1 10 in writing and signed by the payee, and the writing discloses
1 11 the nature and value of the property and the name and address
1 12 of the person in possession. This subsection does not apply
1 13 to a payee who has a bona fide fee contract with a practicing
1 14 attorney regulated under chapter 602, article 10.
1 15 Sec. 2. Section 556.11, subsection 10, Code 2007, is
1 16 amended to read as follows:
1 17 10. All agreements to pay compensation to recover or
1 18 assist in the recovery of property reported under this
1 19 section, made within twenty=four months after the date payment
1 20 or delivery is made under section 556.13, are unenforceable.
1 21 However, such agreements made after twenty=four months from
1 22 the date of payment or delivery are valid if the fee or
1 23 compensation agreed upon is not more than fifteen twenty
1 24 percent of the recoverable property, the agreement is in
1 25 writing and signed by the owner, and the writing discloses the
1 26 nature and value of the property and the name and address of
1 27 the person in possession. A person shall not attempt to
1 28 collect or collect a fee or compensation for discovering
1 29 property presumed abandoned under this chapter unless the
1 30 person is licensed as a private investigation business
1 31 pursuant to chapter 80A. This section does not prevent an
1 32 owner from asserting, at any time, that an agreement to locate
1 33 property is based upon excessive or unjust consideration.
1 34 This section does not apply to an owner who has a bona fide
1 35 fee contract with a practicing attorney and counselor as
2 1 described in chapter 602, article 10.
2 2 EXPLANATION
2 3 This bill relates to agreements to pay compensation to
2 4 recover or assist in the recovery of certain property that has
2 5 been reported as unclaimed or abandoned.
2 6 Code section 556.2C is amended to increase the amount of
2 7 the fee or compensation that can be agreed upon in such an
2 8 agreement from 15 percent to 20 percent of the recoverable
2 9 amount of certain unpaid, outdated state warrants.
2 10 Code section 556.11 is amended to increase the amount of
2 11 the fee or compensation that can be agreed upon in such an
2 12 agreement from 15 percent to 20 percent of the recoverable
2 13 amount of certain funds or property, tangible or intangible,
2 14 that have been reported abandoned.
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