SB370: Bill Text

SB370,57,21 SUBCHAPTER X

SB370,57,22 requests for reports;

SB370,57,23 examination of records

SB370,123 Section 123. 177.1001 of the statutes is created to read:

SB370,58,5 177.1001 Verified report of property. If a person does not file a report required under s. 177.0401 or the administrator believes that a person may have filed an inaccurate, incomplete, or false report, the administrator may require the person to file a verified report in a form prescribed by the administrator. A verified report shall include all of the following:

SB370,58,7 (1) A statement as to whether the person is holding property that is reportable under this chapter.

SB370,58,9 (2) A description of the property not previously reported or about which the administrator has inquired.

SB370,58,11 (3) A specific identification of property described under sub. (2) about which there is a dispute whether it is reportable under this chapter.

SB370,58,12 (4) The amount or value of the property.

SB370,124 Section 124. 177.1002 (3) of the statutes is created to read:

SB370,58,17 177.1002 (3) The administrator may at reasonable times and on reasonable notice issue an administrative subpoena requiring the person or agent of the person to make records available for examination. The attorney general may bring an action seeking judicial enforcement of a subpoena issued under this subsection.

SB370,125 Section 125. 177.1002 (4) of the statutes is created to read:

SB370,58,22 177.1002 (4) If any person fails to file any report or refuses to deliver property to the administrator as required under this chapter, the administrator may bring an action in a court of appropriate jurisdiction to require the filing of the report and to enforce delivery of the property.

SB370,126 Section 126. 177.1003 of the statutes is created to read:

SB370,59,3 177.1003 Records obtained in examination. Records obtained and records, including work papers, compiled by the administrator in the course of conducting an examination under s. 177.1002:

SB370,59,5 (1) Are subject to the confidentiality and security provisions of subch. XIV and are not public records for purposes of subch. II of ch. 19.

SB370,59,7 (2) May be used by the administrator in an action to collect property or otherwise enforce this chapter.

SB370,59,13 (3) May be used in a joint examination conducted with another state, the federal government, a foreign country or subordinate unit of a foreign country, or any other governmental entity if the governmental entity conducting the examination is legally bound to maintain the confidentiality and security of information obtained from a person subject to examination in a manner substantially equivalent to that under subch. XIV.

SB370,59,18 (4) May be disclosed to the person that administers the unclaimed property law of another state, upon that person's request, for that state's use in circumstances equivalent to circumstances described in this subchapter, if the other state is required to maintain the confidentiality and security of information obtained in a manner substantially equivalent to that under subch. XIV.

SB370,127 Section 127. 177.11 of the statutes is repealed.

SB370,128 Section 128 . Subchapter XI (title) of chapter 177 [precedes 177.1101] of the statutes is created to read:

SB370,59,22 CHAPTER 177

SB370,59,23 SUBCHAPTER XI

SB370,59,24 Assessments and appeals

SB370,129 Section 129. 177.1101 of the statutes is created to read:

SB370,60,5 177.1101 Default assessment. When any person fails, neglects, or refuses to file a report by the deadline prescribed by this chapter, the administrator may, notwithstanding ss. 177.1001 and 177.1002, petition a court to determine the liability of such holder based on the court's findings as to a reasonable estimate of the amount due.

SB370,130 Section 130. 177.1102 of the statutes is created to read:

SB370,60,12 177.1102 Notice of assessment. The administrator shall notify a person in writing of any assessment under this chapter. The administrator shall serve that notice as provided in s. 73.03 (73m). If the person is a corporation and the administrator is unable to serve that corporation as provided in s. 73.03 (73m), the administrator may serve the notice by publishing a class 3 notice under ch. 985 in the official state newspaper.

SB370,131 Section 131. 177.1103 of the statutes is created to read:

SB370,60,18 177.1103 Appeal of assessment. The appeal provisions under ss. 71.88 (1) (a) and (2) (a), 71.89, 71.90, 73.01 (1), (2), (3), (4), and (4m), and 73.015, as they apply to a taxpayer and the department of revenue and consistent with this chapter, shall apply to the person or holder and the administrator with respect to an assessment under this chapter.

SB370,132 Section 132. 177.1104 of the statutes is created to read:

SB370,60,21 177.1104 Penalties. The provisions of s. 177.1204 shall apply to an amount due as determined and assessed under this chapter.

SB370,133 Section 133. 177.12 of the statutes is renumbered 177.0213, and 177.0213 (1), as renumbered, is amended to read:

SB370,61,5 177.0213 (1) Intangible property Property and any income or increment derived from it held in a fiduciary capacity for the benefit of another person is presumed abandoned unless the owner, within 5 years after it has become payable or distributable, has increased or decreased the principal, accepted payment of principal or income, communicated concerning the property or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by the fiduciary provided in s. 177.0210.

SB370,134 Section 134 . Subchapter XII (title) of chapter 177 [precedes 177.1201] of the statutes is created to read:

SB370,61,8 CHAPTER 177

SB370,61,9 SUBCHAPTER XII

SB370,61,10 enforcement

SB370,135 Section 135. 177.1201 of the statutes is created to read:

SB370,61,16 177.1201 Enforcement. (1) An assessment under this chapter that becomes final and is not subject to administrative or judicial review is subject to action and collection by the administrator under ss. 71.91, 71.92, and 73.03 (9), (20), (27), (28), (33m), and (33p) consistent with action taken by the department of revenue with respect to delinquent taxes under the same provisions.

SB370,61,19 (2) If no court in this state has jurisdiction over the assessed holder or the assessed holder is not subject to the jurisdiction of this state, the attorney general may commence an action in any court having jurisdiction over the assessed holder.

SB370,61,21 (3) Subject to sub. (2), the attorney general may bring an action in circuit court or in federal court to enforce this chapter.

SB370,136 Section 136. 177.1202 of the statutes is created to read:

SB370,61,24 177.1202 Interstate and international agreement; cooperation. (1) Subject to sub. (2), the administrator may do all of the following:

SB370,62,3 (a) Exchange information with another state or foreign country relating to property presumed abandoned or relating to the possible existence of property presumed abandoned.

SB370,62,7 (b) Authorize another state or foreign country or a person acting on behalf of the other state or country to examine its records of a putative holder as provided in subch. X. The administrator shall make the authorization under this paragraph in a record.

SB370,62,11 (2) An exchange or examination under sub. (1) may be done only if the state or foreign country has confidentiality and security requirements substantially equivalent to those in subch. XIV or agrees in a record to be bound by this state's confidentiality and security requirements.

SB370,137 Section 137. 177.1203 of the statutes is created to read:

SB370,62,15 177.1203 Action involving another state or foreign country. (1) The administrator may join another state or foreign country to examine the records of a putative holder and seek enforcement of this chapter against a putative holder.

SB370,62,20 (2) At the request of another state or a foreign country, the attorney general may commence an action on behalf of the other state or country to enforce, in this state, the law of the other state or country against a putative holder subject to a claim by the other state or country, if the other state or country agrees to pay costs incurred by the attorney general in the action.

SB370,62,25 (3) The administrator may request the official authorized to enforce the unclaimed property law of another state or a foreign country to commence an action to recover property in the other state or country on behalf of the administrator. This state shall pay the costs, including reasonable attorney's fees and expenses, incurred by the other state or foreign country in an action under this section.

SB370,63,3 (4) The administrator may pursue an action on behalf of this state to recover property subject to this chapter, but delivered to the custody of another state, if the administrator believes the property is subject to the custody of the administrator.

SB370,63,8 (5) The administrator may retain an attorney in this state, another state, or a foreign country to commence an action to recover property on behalf of the administrator and may agree to pay attorney's fees based in whole or in part on a fixed fee, hourly fee, or a percentage of the amount or value of property recovered in the action.

SB370,63,12 (6) Expenses incurred by this state in an action under this section may be paid from property received under this chapter or the net proceeds from the sale of the property. Expenses paid to recover property may not be deducted from the amount that is subject to a claim under this chapter by the owner.

SB370,138 Section 138. 177.1204 of the statutes is created to read:

SB370,63,15 177.1204 Penalties. (1) Failure to file a report. (a) Any person who fails to timely file a report under this chapter shall pay a penalty equal to $150.

SB370,63,18 (b) In addition to the penalty imposed under par. (a), any person who fails to file a report by the time prescribed in a written request by the administrator may be subject to a penalty of $100 for each day the report is not filed.

SB370,63,25 (c) Any person who files a false or fraudulent report with intent to defeat or evade the laws imposed under this chapter, is subject to the penalties under pars. (a) and (b) and a fine of $1,000 for each day from the date the report was made until corrected or imprisonment for not more than 6 months, or both. The fine imposed under this paragraph may not exceed the lesser of $25,000 or an amount equal to 25 percent of the amount or value of any property that was required to be included in the report that was not included or was underreported.

SB370,64,3 (2) Failure to pay or deliver property. (a) Any person who fails to timely pay or deliver abandoned property to the administrator as required under this chapter shall pay a penalty equal to 15 percent of the value of the property.

SB370,64,7 (b) In addition to the penalty imposed under par. (a), any person who fails to pay or deliver abandoned property by the time prescribed in a written request from the administrator may be subject to a penalty of $100 for each day the property is not paid or delivered.

SB370,64,11 (3) Failure to perform other duty. Any person who fails to perform any other duty required under this chapter, other than the duties for which a penalty is imposed under sub. (1) or (2), may be subject to a penalty of up to a $500 for each day the duty is not performed, not to exceed $10,000 in a calendar year.

SB370,64,14 (4) Assessment and collection. The administrator shall assess and collect any penalties under this section as it assesses and collects amounts or property due for payment or delivery under this chapter.

SB370,139 Section 139. 177.1205 of the statutes is created to read:

SB370,64,17 177.1205 Waiver of penalties. The administrator may waive, in whole or in part, the penalties imposed under s. 177.1204.

SB370,140 Section 140. 177.1206 of the statutes is created to read:

SB370,64,25 177.1206 Recovery of property paid to incorrect claimant. (1) If the administrator pays or delivers property under this chapter in error to any person, the administrator may assess the value of such property against the person. The assessment is subject to interest at the rate for delinquent taxes under s. 71.82 (2) from the date of assessment and to action and collection by the administrator under ss. 71.91, 71.92, and 73.03 (9), (20), (27), (28), (33m), and (33p), consistent with action taken by the department of revenue with respect to delinquent taxes.

SB370,65,4 (2) The administrator may accept property from a person that receives the property in error prior to assessment under sub. (1), if the person acknowledges in writing that the property was paid or delivered in error and waives any further interest in the property.

SB370,65,8 (3) The appeal provisions of ss. 71.88 (1) (a) and (2) (a), 71.89, 71.90, 73.01 (1), (2), (3), (4), and (4m), and 73.015, as they apply to a taxpayer and the department of revenue and consistent with this chapter, shall apply to the person and the administrator with respect to an assessment under this chapter.

SB370,141 Section 141. 177.13 of the statutes is repealed.

SB370,142 Section 142 . Subchapter XIII (title) of chapter 177 [precedes 177.1301] of the statutes is created to read:

SB370,65,12 CHAPTER 177

SB370,65,13 SUBCHAPTER XIII

SB370,65,14 Agreement to locate

SB370,65,15 property OF apparent owner

SB370,65,16 held by administrator

SB370,143 Section 143. 177.1301 of the statutes is created to read:

SB370,65,20 177.1301 When agreement to locate property enforceable. (1) In this subchapter, “locator service” means a person who locates, delivers, recovers, or assists in the location, delivery, and recovery of property held by the administrator.

SB370,65,22 (2) An agreement by an apparent owner and locator service is enforceable under this chapter only if the agreement complies with all of the following:

SB370,65,24 (a) It is in a written, valid contract that clearly states the nature of the property and the services to be provided.

SB370,65,25 (b) It is signed by the apparent owner or by an agent of the apparent owner.

SB370,66,3 (c) It states the amount or value of the property reasonably expected to be recovered, computed before and after a deduction for any fee or other compensation paid to the locator service.

SB370,66,6 (d) It includes a clear and prominent statement of the fee or other compensation to be paid to the locator service, which may not exceed 10 percent of the actual amount or value of the property recovered.

SB370,66,9 (e) It includes a clear and prominent statement disclosing the name and address of the holder and whether the property has been paid or delivered to the administrator.

SB370,66,11 (f) It includes a clear and prominent statement that the owner may file a claim with the administrator without the assistance of a locator service.

SB370,144 Section 144. 177.1302 of the statutes is created to read:

SB370,66,16 177.1302 When agreement to locate property void. (1) Subject to sub. (2), an agreement under s. 177.1301 is void if it is entered into during the period beginning on the date the property is paid or delivered by a holder to the administrator and ending 24 months after the payment or delivery.

SB370,66,21 (2) If any provision of an agreement under s. 177.1301 applies to mineral proceeds for which compensation is to be paid to the locator service based in whole or in part on a portion of the underlying minerals or mineral proceeds not then presumed abandoned, the provision is void regardless of when the parties entered into the agreement.

SB370,66,23 (3) This section does not apply to an apparent owner's agreement with an attorney to contest the administrator's denial of a claim for recovery of the property.

SB370,145 Section 145. 177.135 of the statutes is renumbered 177.0206 and amended to read: