177.0907 Claim to recover abandoned U.S. savings bond. Notwithstanding s. 177.225 177.1504, any person who could have claimed an interest in a U.S. savings bond immediately before this state became the owner of the U.S. savings bond pursuant to a judgment entered under s. 177.225 177.1504 (4) may file a claim under s. 177.24 177.0903, and another state may file a claim under s. 177.25 177.0901. Notwithstanding s. 177.24 (3) 177.0607 or 177.25 (2) 177.0902, if the claim is allowed, the administrator shall pay the claimant the amount the administrator received from redeeming the U.S. savings bond under s. 177.225 (5) 177.1504, minus any amounts that were deposited in the general fund to pay administrative expenses under s. 177.23 (2) 177.0801 that are attributable to the U.S. savings bond, or, if the U.S. savings bond has not been redeemed, the amount the administrator estimates the administrator will receive from redeeming the U.S. savings bond under s. 177.225 (5) 177.1504, minus any amounts the administrator estimates will be deposited in the general fund to pay administrative expenses under s. 177.23 (2) 177.0801 that are attributable to the U.S. savings bond.
87,167
Section
167. 177.26 of the statutes is repealed.
87,168
Section
168. 177.265 of the statutes is repealed.
87,169
Section
169. 177.27 of the statutes is repealed.
87,170
Section
170. 177.28 of the statutes is repealed.
87,171
Section
171. 177.29 of the statutes is repealed.
87,172
Section
172. 177.30 (title) of the statutes is renumbered 177.1002 (title).
87,173
Section
173. 177.30 (2) of the statutes is renumbered 177.1002 (1) and amended to read:
177.1002 (1) The administrator, at reasonable times and upon reasonable notice, may examine the records of any person to determine whether the person has complied with this chapter. The administrator may authorize an agent, under written contract with the administrator, to conduct any such examination. In addition, the administrator may designate the division of banking or other appropriate regulatory authority to examine the records of regulated institutions to determine if the institutions have complied with this chapter. The administrator may conduct the examination even if the person believes it is not in possession of any property reportable or deliverable under this chapter.
87,174
Section
174. 177.30 (3) of the statutes is renumbered 177.1002 (5) and amended to read:
177.1002 (5) If a person is treated under s.
177.12 177.0213 as the holder of the property only insofar as the interest of the business association in the property is concerned, the administrator may examine the records of the person as provided under sub. (2) (1) if the administrator has given the required notice to both the person and the business association at least 90 days before the examination.
87,175
Section
175. 177.30 (4) of the statutes is renumbered 177.1002 (2) and amended to read:
177.1002 (2) If an examination of the records of a person results in the disclosure discovery of property reportable and deliverable under this chapter, the administrator may assess the cost of the examination against the holder at the rate of $150 a day for each examiner, but the charges may not exceed the value of the property found to be reportable and deliverable. The cost of examination under sub. (3) may be imposed only against the business association person shall file a report and deliver the property to the administrator. If the property is not reported and delivered, the administrator shall assess the person for the value of the property.
87,176
Section
176. 177.30 (5) of the statutes is renumbered 177.1004 and amended to read:
177.1004 Failure of person to maintain records. If a holder, after December 31, 1984, fails to maintain the records required under s. 177.31 177.0404, and the records of the holder available for the periods subject to this chapter are insufficient to permit the preparation of a report, a court may determine the liability of such holder based on the court's findings as to a reasonable estimate of the amount due.
87,177
Section
177. 177.30 (6) of the statutes is renumbered 177.1005 and amended to read:
177.1005 Administrator's contract with another to conduct examination. (1) Except as provided in pars. (b) and (c) subs. (2) and (3), the administrator may not enter into a contract or other agreement to allow any person to engage in an audit on a contingent fee basis of another person's documents or records as part of an effort to administer this chapter or to purchase information or documents arising from the audit.
(2) If a person whose documents or records are audited is not domiciled in this state, the administrator may enter into a contract or agreement described under par. (a) sub. (1) related to the person if the amount of the contingent fee under the contract or agreement does not exceed 12 percent of the total amount of property reportable and deliverable under this chapter that is disclosed by the audit.
(3) This subsection
section does not apply to information received from the federal government.
87,178
Section
178. 177.30 (7) of the statutes is renumbered 177.1005 (4).
87,179
Section
179. 177.31 of the statutes is repealed.
87,180
Section
180. 177.32 of the statutes is repealed.
87,181
Section
181. 177.33 of the statutes is repealed.
87,182
Section
182. 177.34 of the statutes is repealed.
87,183
Section
183. 177.35 of the statutes is repealed.
87,184
Section
184. 177.36 of the statutes is repealed.
87,185
Section
185. 177.37 of the statutes is renumbered 177.1502 and amended to read:
177.1502 Effect of new provisions; clarification of application. (1) This chapter does not relieve a holder of a duty that arose before December 31, 1984
the effective date of this subsection .... [LRB inserts date], to report, pay, or deliver property. A Subject to s. 177.0610 (2) and (3), a holder who did not comply with the law governing unclaimed property in effect before
December 31, 1984 the effective date of this subsection .... [LRB inserts date], is subject to the applicable enforcement and penalty provisions that then existed and they are continued in effect for the purpose of this subsection, except as provided in s. 177.29 (2) before the effective date of this subsection .... [LRB inserts date].
(2) The initial report filed under this chapter for property that was not required to be reported before December 31, 1984 the effective date of this subsection .... [LRB inserts date], but which is subject to that is required to be reported under this chapter, shall include all items of property that would have been presumed abandoned during the 10-year period preceding December 31, 1984
the effective date of this subsection .... [LRB inserts date], as if this chapter had been in effect during that period.
87,186
Section
186. 177.38 of the statutes is renumbered 177.016.
87,187
Section
187. 177.40 of the statutes is renumbered 177.1501.
87,188
Section
188. 177.41 of the statutes is renumbered 177.1503.
87,189
Section
189. 193.735 (1) (intro.) of the statutes is amended to read:
193.735 (1) Alternate procedure to distribute property. (intro.) Notwithstanding s. 177.17 (4) (a) 2. and (b) ch. 177, a cooperative may distribute any property required to be reported under s. 177.17 (1)
subch. IV of ch. 177 to an entity that is exempt from taxation under section 501 (a) of the Internal Revenue Code. A cooperative making a distribution under this subsection shall file all of the following with the secretary of revenue before making the distribution:
87,190
Section
190. 193.735 (2) of the statutes is amended to read:
193.735 (2) Reporting procedure not affected. Subsection (1) does not affect the requirement that a cooperative report property under s. 177.17 (1)
subch. IV of ch. 177.
87,191
Section
191. 610.61 of the statutes is amended to read:
610.61 Duty of life insurers to report abandoned property. An insurer doing a life insurance business shall report under s. 177.17 subch. IV of ch. 177 any property presumed abandoned under s. 177.07 subch. II of ch. 177.
87,192
Section
192. 632.63 (4) of the statutes is amended to read:
632.63 (4) Payment of benefits. The benefits from a policy, contract, or a retained asset account, plus any applicable accrued contractual interest, shall first be payable to the designated beneficiaries or owners and, in the event said beneficiaries or owners cannot be found, shall escheat to the state as unclaimed property under ch. 177. Interest payable under s. 628.46 shall not be payable as unclaimed property under s. 177.07 subch. II of ch. 177.
87,193
Section
193. 863.37 (2) (a) of the statutes is amended to read:
863.37 (2) (a) Whenever payment of a legacy or a distributive share cannot be made to the person entitled to payment or it appears that the person may not receive or have the opportunity to obtain payment, the court may, on petition of a person interested or on its own motion, order that the funds be paid or delivered to the secretary of revenue for deposit as provided under s. 177.23
subch. VIII of ch. 177. Claims on the funds may be made under s. 863.39 within 10 years after the date of publication under s. 177.18 177.0503. When a claimant to the funds resides outside the United States or its territories the court may require the personal appearance of the claimant before the court.
87,194
Section
194. 863.39 (1) of the statutes is amended to read:
863.39 (1) Generally. If any legacy or intestate property is not claimed by the distributee within 120 days after entry of final judgment, or within the time designated in the judgment, it shall be converted into money as close to the inventory value as possible and paid to the secretary of revenue administrator for deposit as provided under s. 177.23 177.0801. Claims for the money shall be made under sub. (3).
87,195
Section
195. 863.39 (3) (a) of the statutes is amended to read:
863.39 (3) (a) Within 10 years after the date of publication under s. 177.18 177.0503, any person claiming any amount deposited under sub. (1) may file in the probate court in which the estate was settled a petition alleging the basis of his or her claim. The court shall order a hearing upon the petition, and 20 days' notice of the hearing and a copy of the petition shall be given by the claimant to the department of revenue and to the attorney general, who may appear for the state at the hearing. If the claim is established it shall be allowed without interest, but including any increment which may have occurred on securities held, and the court shall so certify to the department of administration, which shall audit the claim. The secretary of revenue shall pay the claim out of the appropriation under s. 20.566 (4) (j). Before issuing the order distributing the estate, the court shall issue an order determining the death tax due, if any. If real property has been adjudged to escheat to the state under s. 852.01 (3) the probate court which made the adjudication may adjudge at any time before title has been transferred from the state that the title shall be transferred to the proper owners under this subsection.
87,196
Section
196. 893.95 of the statutes is amended to read:
893.95 Unclaimed property; civil remedies. Any civil action to enforce ch. 177 is subject to the limitations under s. 177.29 (2) 177.0610.
87,197
Section
197.
Initial applicability.
(1) Interest. The treatment of s. 177.0607 first applies to claims filed after the effective date of this subsection.
