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SB756,55,1010 CHAPTER 177
SB756,55,1111 SUBCHAPTER X
SB756,55,1212 requests for reports;
SB756,55,1313 examination of records
SB756,120 14Section 120. 177.1001 of the statutes is created to read:
SB756,55,19 15177.1001 Verified report of property. If a person does not file a report
16required under s. 177.0401 or the administrator believes that a person may have
17filed an inaccurate, incomplete, or false report, the administrator may require the
18person to file a verified report in a form prescribed by the administrator. A verified
19report shall include all of the following:
SB756,55,21 20(1) A statement as to whether the person is holding property that is reportable
21under this chapter.
SB756,55,23 22(2) A description of the property not previously reported or about which the
23administrator has inquired.
SB756,55,25 24(3) A specific identification of property described under sub. (2) about which
25there is a dispute whether it is reportable under this chapter.
SB756,56,1
1(4) The amount or value of the property.
SB756,121 2Section 121. 177.1002 (3) of the statutes is created to read:
SB756,56,63 177.1002 (3) The administrator may at reasonable times and on reasonable
4notice issue an administrative subpoena requiring the person or agent of the person
5to make records available for examination. The attorney general may bring an action
6seeking judicial enforcement of a subpoena issued under this subsection.
SB756,122 7Section 122. 177.1002 (4) of the statutes is created to read:
SB756,56,118 177.1002 (4) If any person fails to file any report or refuses to deliver property
9to the administrator as required under this chapter, the administrator may bring an
10action in a court of appropriate jurisdiction to require the filing of the report and to
11enforce delivery of the property.
SB756,123 12Section 123. 177.1003 of the statutes is created to read:
SB756,56,15 13177.1003 Records obtained in examination. Records obtained and records,
14including work papers, compiled by the administrator in the course of conducting an
15examination under s. 177.1002:
SB756,56,17 16(1) Are subject to the confidentiality and security provisions of subch. XIV and
17are not public records for purposes of subch. II of ch. 19.
SB756,56,19 18(2) May be used by the administrator in an action to collect property or
19otherwise enforce this chapter.
SB756,56,25 20(3) May be used in a joint examination conducted with another state, the
21federal government, a foreign country or subordinate unit of a foreign country, or any
22other governmental entity if the governmental entity conducting the examination is
23legally bound to maintain the confidentiality and security of information obtained
24from a person subject to examination in a manner substantially equivalent to that
25under subch. XIV.
SB756,57,5
1(4) May be disclosed to the person that administers the unclaimed property law
2of another state, upon that person's request, for that state's use in circumstances
3equivalent to circumstances described in this subchapter, if the other state is
4required to maintain the confidentiality and security of information obtained in a
5manner substantially equivalent to that under subch. XIV.
SB756,124 6Section 124. 177.1004 of the statutes is created to read:
SB756,57,12 7177.1004 Failure of person examined to retain records. If a person
8subject to examination under s. 177.1002 does not retain the records required by s.
9177.0404, the administrator may determine the value of property due using a
10reasonable method of estimation based on all information available to the
11administrator, including extrapolation and use of statistical sampling when
12appropriate and necessary.
SB756,125 13Section 125. 177.11 of the statutes is repealed.
SB756,126 14Section 126 . Subchapter XI (title) of chapter 177 [precedes 177.1101] of the
15statutes is created to read:
SB756,57,1616 CHAPTER 177
SB756,57,1717 SUBCHAPTER XI
SB756,57,1818 Assessments and appeals
SB756,127 19Section 127. 177.1101 of the statutes is created to read:
SB756,57,25 20177.1101 Default assessment. When any person fails, neglects, or refuses
21to file a report by the deadline prescribed by this chapter, the administrator may,
22notwithstanding ss. 177.1001 and 177.1002 and according to the administrator's
23best judgment, determine the amount of property that should have been reported
24and remitted by that person under this chapter and may assess such amount against
25the person.
SB756,128
1Section 128. 177.1102 of the statutes is created to read:
SB756,58,7 2177.1102 Notice of assessment. The administrator shall notify a person in
3writing of any assessment under this chapter. The administrator shall serve that
4notice as provided in s. 73.03 (73m). If the person is a corporation and the
5administrator is unable to serve that corporation as provided in s. 73.03 (73m), the
6administrator may serve the notice by publishing a class 3 notice under ch. 985 in
7the official state newspaper.
SB756,129 8Section 129. 177.1103 of the statutes is created to read:
SB756,58,13 9177.1103 Appeal of assessment. The appeal provisions under ss. 71.88 (1)
10(a) and (2) (a), 71.89, 71.90, 73.01 (1), (2), (3), (4), and (4m), and 73.015, as they apply
11to a taxpayer and the department of revenue and consistent with this chapter, shall
12apply to the person or holder and the administrator with respect to an assessment
13under this chapter.
SB756,130 14Section 130. 177.1104 of the statutes is created to read:
SB756,58,16 15177.1104 Penalties. The provisions of s. 177.1204 shall apply to an amount
16due as determined and assessed under this chapter.
SB756,131 17Section 131. 177.12 of the statutes is renumbered 177.0213, and 177.0213 (1),
18as renumbered, is amended to read:
SB756,58,2519 177.0213 (1) Intangible property Property and any income or increment
20derived from it held in a fiduciary capacity for the benefit of another person is
21presumed abandoned unless the owner, within 5 years after it has become payable
22or distributable, has increased or decreased the principal, accepted payment of
23principal or income, communicated concerning the property or otherwise indicated
24an interest as evidenced by a memorandum or other record on file prepared by the
25fiduciary
provided in s. 177.0210.
SB756,132
1Section 132. Subchapter XII (title) of chapter 177 [precedes 177.1201] of the
2statutes is created to read:
SB756,59,33 CHAPTER 177
SB756,59,44 SUBCHAPTER XII
SB756,59,55 enforcement
SB756,133 6Section 133. 177.1201 of the statutes is created to read:
SB756,59,11 7177.1201 Enforcement. (1) An assessment under this chapter that becomes
8final and is not subject to administrative or judicial review is subject to action and
9collection by the administrator under ss. 71.91, 71.92, and 73.03 (9), (20), (27), (28),
10(33m), and (33p) consistent with action taken by the department of revenue with
11respect to delinquent taxes under the same provisions.
SB756,59,14 12(2) If no court in this state has jurisdiction over the assessed holder or the
13assessed holder is not subject to the jurisdiction of this state, the attorney general
14may commence an action in any court having jurisdiction over the assessed holder.
SB756,59,16 15(3) Subject to sub. (2), the attorney general may bring an action in circuit court
16or in federal court to enforce this chapter.
SB756,134 17Section 134. 177.1202 of the statutes is created to read:
SB756,59,19 18177.1202 Interstate and international agreement; cooperation. (1)
19Subject to sub. (2), the administrator may do all of the following:
SB756,59,2220 (a) Exchange information with another state or foreign country relating to
21property presumed abandoned or relating to the possible existence of property
22presumed abandoned.
SB756,60,223 (b) Authorize another state or foreign country or a person acting on behalf of
24the other state or country to examine its records of a putative holder as provided in

1subch. X. The administrator shall make the authorization under this paragraph in
2a record.
SB756,60,6 3(2) An exchange or examination under sub. (1) may be done only if the state
4or foreign country has confidentiality and security requirements substantially
5equivalent to those in subch. XIV or agrees in a record to be bound by this state's
6confidentiality and security requirements.
SB756,135 7Section 135. 177.1203 of the statutes is created to read:
SB756,60,10 8177.1203 Action involving another state or foreign country. (1) The
9administrator may join another state or foreign country to examine the records of a
10putative holder and seek enforcement of this chapter against a putative holder.
SB756,60,15 11(2) At the request of another state or a foreign country, the attorney general
12may commence an action on behalf of the other state or country to enforce, in this
13state, the law of the other state or country against a putative holder subject to a claim
14by the other state or country, if the other state or country agrees to pay costs incurred
15by the attorney general in the action.
SB756,60,20 16(3) The administrator may request the official authorized to enforce the
17unclaimed property law of another state or a foreign country to commence an action
18to recover property in the other state or country on behalf of the administrator. This
19state shall pay the costs, including reasonable attorney's fees and expenses, incurred
20by the other state or foreign country in an action under this section.
SB756,60,23 21(4) The administrator may pursue an action on behalf of this state to recover
22property subject to this chapter, but delivered to the custody of another state, if the
23administrator believes the property is subject to the custody of the administrator.
SB756,61,3 24(5) The administrator may retain an attorney in this state, another state, or
25a foreign country to commence an action to recover property on behalf of the

1administrator and may agree to pay attorney's fees based in whole or in part on a
2fixed fee, hourly fee, or a percentage of the amount or value of property recovered in
3the action.
SB756,61,7 4(6) Expenses incurred by this state in an action under this section may be paid
5from property received under this chapter or the net proceeds from the sale of the
6property. Expenses paid to recover property may not be deducted from the amount
7that is subject to a claim under this chapter by the owner.
SB756,136 8Section 136. 177.1204 of the statutes is created to read:
SB756,61,10 9177.1204 Penalties. (1) Failure to file a report. (a) Any person who fails
10to timely file a report under this chapter shall pay a penalty equal to $150.
SB756,61,1311 (b) In addition to the penalty imposed under par. (a), any person who fails to
12file a report by the time prescribed in a written request by the administrator may be
13subject to a penalty of $100 for each day the report is not filed.
SB756,61,2014 (c) Any person who files a false or fraudulent report with intent to defeat or
15evade the laws imposed under this chapter, is subject to the penalties under pars. (a)
16and (b) and a fine of $1,000 for each day from the date the report was made until
17corrected or imprisonment for not more than 6 months, or both. The fine imposed
18under this paragraph may not exceed the lesser of $25,000 or an amount equal to 25
19percent of the amount or value of any property that was required to be included in
20the report that was not included or was underreported.
SB756,61,23 21(2) Failure to pay or deliver property. (a) Any person who fails to timely pay
22or deliver abandoned property to the administrator as required under this chapter
23shall pay a penalty equal to 15 percent of the value of the property.
SB756,62,224 (b) In addition to the penalty imposed under par. (a), any person who fails to
25pay or delivery abandoned property by the time prescribed in a written request from

1the administrator may be subject to a penalty of $100 for each day the property is not
2paid or delivered.
SB756,62,6 3(3) Failure to perform other duty. Any person who fails to perform any other
4duty required under this chapter, other than the duties for which a penalty is
5imposed under sub. (1) or (2), may be subject to a penalty of up to a $500 for each day
6the duty is not performed, not to exceed $10,000 in a calendar year.
SB756,62,9 7(4) Assessment and collection. The administrator shall assess and collect any
8penalties under this section as it assesses and collects amounts or property due for
9payment or delivery under this chapter.
SB756,137 10Section 137. 177.1205 of the statutes is created to read:
SB756,62,12 11177.1205 Waiver of penalties. The administrator may waive, in whole or in
12part, the penalties imposed under s. 177.1204.
SB756,138 13Section 138. 177.1206 of the statutes is created to read:
SB756,62,20 14177.1206 Recovery of property paid to incorrect claimant. (1) If the
15administrator pays or delivers property under this chapter in error to any person, the
16administrator may assess the value of such property against the person. The
17assessment is subject to interest at the rate for delinquent taxes under s. 71.82 (2)
18from the date of assessment and to action and collection by the administrator under
19ss. 71.91, 71.92, and 73.03 (9), (20), (27), (28), (33m), and (33p), consistent with action
20taken by the department of revenue with respect to delinquent taxes.
SB756,62,24 21(2) The administrator may accept property from a person that receives the
22property in error prior to assessment under sub. (1), if the person acknowledges in
23writing that the property was paid or delivered in error and waives any further
24interest in the property.
SB756,63,4
1(3) The appeal provisions of ss. 71.88 (1) (a) and (2) (a), 71.89, 71.90, 73.01 (1),
2(2), (3), (4), and (4m), and 73.015, as they apply to a taxpayer and the department of
3revenue and consistent with this chapter, shall apply to the person and the
4administrator with respect to an assessment under this chapter.
SB756,139 5Section 139. 177.13 of the statutes is repealed.
SB756,140 6Section 140 . Subchapter XIII (title) of chapter 177 [precedes 177.1301] of the
7statutes is created to read:
SB756,63,88 CHAPTER 177
SB756,63,99 SUBCHAPTER XIII
SB756,63,1010 Agreement to locate
SB756,63,1111 property OF apparent owner
SB756,63,1212 held by administrator
SB756,141 13Section 141. 177.1301 of the statutes is created to read:
SB756,63,16 14177.1301 When agreement to locate property enforceable. (1) In this
15subchapter, “locator service” means a person who locates, delivers, recovers, or
16assists in the location, delivery, and recovery of property held by the administrator.
SB756,63,18 17(2) An agreement by an apparent owner and locator service is enforceable
18under this chapter only if the agreement complies with all of the following:
SB756,63,2019 (a) It is in a written, valid contract that clearly states the nature of the property
20and the services to be provided.
SB756,63,2121 (b) It is signed by the apparent owner or by an agent of the apparent owner.
SB756,63,2422 (c) It states the amount or value of the property reasonably expected to be
23recovered, computed before and after a deduction for any fee or other compensation
24paid to the locator service.
SB756,64,3
1(d) It includes a clear and prominent statement of the fee or other compensation
2to be paid to the locator service, which may not exceed 10 percent of the actual
3amount or value of the property recovered.
SB756,64,64 (e) It includes a clear and prominent statement disclosing the name and
5address of the holder and whether the property has been paid or delivered to the
6administrator.
SB756,64,87 (f) It includes a clear and prominent statement that the owner may file a claim
8with the administrator without the assistance of a locator service.
SB756,142 9Section 142. 177.1302 of the statutes is created to read:
SB756,64,13 10177.1302 When agreement to locate property void. (1) Subject to sub.
11(2), an agreement under s. 177.1301 is void if it is entered into during the period
12beginning on the date the property is paid or delivered by a holder to the
13administrator and ending 24 months after the payment or delivery.
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