Senate File 527 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON COMMERCE

                                       (SUCCESSOR TO SF 227)


    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:
  4 TLSB 2557SV 82
  5 av/je/5

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 whose value is one
  1 10 thousand dollars or less and not more than fifteen percent of
  1 11 recoverable property whose value is more than one thousand
  1 12 dollars, the agreement is in writing and signed by the payee,
  1 13 and the writing discloses the nature and value of the property
  1 14 and the name and address of the person in possession.  This
  1 15 subsection does not apply to a payee who has a bona fide fee
  1 16 contract with a practicing attorney regulated under chapter
  1 17 602, article 10.
  1 18    Sec. 2.  Section 556.11, subsection 10, Code 2007, is
  1 19 amended to read as follows:
  1 20    10.  All agreements to pay compensation to recover or
  1 21 assist in the recovery of property reported under this
  1 22 section, made within twenty=four months after the date payment
  1 23 or delivery is made under section 556.13, are unenforceable.
  1 24 However, such agreements made after twenty=four months from
  1 25 the date of payment or delivery are valid if the fee or
  1 26 compensation agreed upon is not more than fifteen twenty
  1 27 percent of the recoverable property whose value is one
  1 28 thousand dollars or less and not more than fifteen percent of
  1 29 recoverable property whose value is more than one thousand
  1 30 dollars, the agreement is in writing and signed by the owner,
  1 31 and the writing discloses the nature and value of the property
  1 32 and the name and address of the person in possession.  A
  1 33 person shall not attempt to collect or collect a fee or
  1 34 compensation for discovering property presumed abandoned under
  1 35 this chapter unless the person is licensed as a private
  2  1 investigation business pursuant to chapter 80A.  This section
  2  2 does not prevent an owner from asserting, at any time, that an
  2  3 agreement to locate property is based upon excessive or unjust
  2  4 consideration.  This section does not apply to an owner who
  2  5 has a bona fide fee contract with a practicing attorney and
  2  6 counselor as described in chapter 602, article 10.
  2  7                           EXPLANATION
  2  8    This bill relates to agreements to pay compensation to
  2  9 recover or assist in the recovery of certain property that has
  2 10 been reported as unclaimed or abandoned.
  2 11    Code section 556.2C is amended to provide that the amount
  2 12 of the fee or compensation that can be agreed upon in such an
  2 13 agreement is 20 percent of the recoverable amount of certain
  2 14 unpaid, outdated state warrants whose value is $1,000 or less
  2 15 and 15 percent if the value is more than $1,000.
  2 16    Code section 556.11 is amended to provide that the amount
  2 17 of the fee or compensation that can be agreed upon in such an
  2 18 agreement is 20 percent of the recoverable amount of certain
  2 19 funds or property, tangible or intangible, that have been
  2 20 reported abandoned whose value is $1,000 or less and 15
  2 21 percent if the value is more than $1,000.
  2 22 LSB 2557SV 82
  2 23 av:rj/je/5