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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.
SB756,64,18 14(2) If any provision of an agreement under s. 177.1301 applies to mineral
15proceeds for which compensation is to be paid to the locator service based in whole
16or in part on a portion of the underlying minerals or mineral proceeds not then
17presumed abandoned, the provision is void regardless of when the parties entered
18into the agreement.
SB756,64,20 19(3) This section does not apply to an apparent owner's agreement with an
20attorney to contest the administrator's denial of a claim for recovery of the property.
SB756,143 21Section 143. 177.135 of the statutes is renumbered 177.0206 and amended to
22read:
SB756,65,3 23177.0206 When U.S. savings bonds presumed abandoned. Except as
24provided in ss. 177.12 (1), 177.13, and 177.16 s. 177.0205, a U.S. savings bond that
25remains unredeemed by the owner for more than 5 years after the date of final

1maturity is presumed abandoned. In this section, “final maturity" means the date
2a U.S. savings bond stops earning interest upon reaching its final extended maturity
3date.
SB756,144 4Section 144. 177.14 of the statutes is repealed.
SB756,145 5Section 145 . Subchapter XIV (title) of chapter 177 [precedes 177.1401] of the
6statutes is created to read:
SB756,65,77 CHAPTER 177
SB756,65,88 SUBCHAPTER XIV
SB756,65,99 confidentiality and security
SB756,65,1010 of information
SB756,146 11Section 146. 177.1401 of the statutes is created to read:
SB756,65,13 12177.1401 Definitions; applicability. (1) In this subchapter, “personal
13information” means the following:
SB756,65,1614 (a) Information that identifies or reasonable can be used to identify an
15individual, including an individual's first and last name in combination with any of
16the following information associated with the individual:
SB756,65,1717 1. A social security number or other government-issued number or identifier.
SB756,65,1818 2. Date of birth.
SB756,65,1919 3. Residential address.
SB756,65,2120 4. An e-mail address or other online contact information or Internet provider
21address.
SB756,65,2222 5. A financial account number or credit or debit card number.
SB756,65,2323 6. Biometric data, health or medical data, or insurance information.
SB756,65,2524 7. Passwords or other credentials that permit access to an online or other
25account.
SB756,66,2
1(b) Personally identifiable financial or insurance information, including
2nonpublic personal information as defined by federal law.
SB756,66,63 (c) Any combination of data that, if accessed, disclosed, modified, or destroyed
4without authorization of the owner of the data or if lost or misused, would require
5notice or reporting under state or federal law, regardless of whether the
6administrator or the administrator's agent is subject to such law.
SB756,66,9 7(2) All provisions of this subchapter that apply to the administrator or the
8records of the administrator apply to the administrator's agent and the records of the
9administrator's agent.
SB756,147 10Section 147. 177.1402 of the statutes is created to read:
SB756,66,13 11177.1402 Confidential information. (1) Except as otherwise provided in
12this chapter, the following are confidential and exempt from public inspection or
13disclosure under subch. II of ch. 19:
SB756,66,1514 (a) Records of the administrator and the administrator's agent related to the
15administration of this chapter.
SB756,66,1716 (b) Reports and records of a holder that are in the possession of the
17administrator or the administrator's agent.
SB756,66,2018 (c) Personal information and other information derived or otherwise obtained
19by or communicated to the administrator or the administrator's agent from an
20examination under this chapter of the records of a person.
SB756,66,2121 (d) Tax information that is confidential under s. 71.78.
SB756,66,24 22(2) A record or other information that is confidential under the laws of this
23state, another state, or the United States continues to be confidential when disclosed
24or delivered under this chapter to the administrator or administrator's agent.
SB756,67,4
1(3) The provisions of s. 71.78 (1) and (1m), as they apply to tax information,
2apply to the confidential information in sub. (1), except that the administrator may
3provide the name of a claimant or owner, along with any property claimed by or paid
4to that claimant or owner, to any other claimant filing a claim for the same property.
SB756,148 5Section 148. 177.1403 of the statutes is created to read:
SB756,67,9 6177.1403 When confidential information may be disclosed. (1) When
7reasonably necessary to enforce or implement this chapter, the administrator may
8disclose confidential information concerning property held by the administrator or
9the administrator's agent only to the following:
SB756,67,1210 (a) An apparent owner or the apparent owner's personal representative or
11special administrator, attorney, guardian, other legal representative, or a person
12entitled to inherit from the deceased apparent owner.
SB756,67,1313 (b) A department or agency of this state or the United States.
SB756,67,1814 (c) The person that administers the unclaimed property law of another state,
15if the other state accords substantially reciprocal privileges to the administrator of
16this state and if the other state is required to maintain the confidentiality and
17security of information obtained in a manner substantially equivalent to that under
18this subchapter.
SB756,67,1919 (d) A person subject to an examination as required by subch. X.
SB756,67,22 20(2) (a) Except as otherwise provided in s. 177.1402 (1), the administrator shall
21include on the administrator's Internet site or in the database required by s.
22177.0503 the name of each apparent owner of property held by the administrator.
SB756,68,223 (b) The administrator may include on the administrator's Internet site or in the
24database additional information concerning the apparent owner's property, if the
25administrator believes that the information will assist in identifying and returning

1property to the owner and if the information does not disclose personal information,
2except the apparent owner's name and residential address.
SB756,68,53 (c) The administrator may include the information described in par. (b) in
4published notices, printed publications, telecommunications, or other media or on
5the Internet.
SB756,68,8 6(3) The administrator and the administrator's agent may not use confidential
7information provided to them or in their possession except as expressly authorized
8by this chapter or by other law.
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