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(b) If the 2nd communication is sent by the holder to the apparent owner later
20than 30 days after the date on which the first communication is returned to the
21holder by the U.S. postal service as undeliverable, the date on which the first
22communication was returned as undeliverable.
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23(2) If the holder does not send communications to the apparent owner of the
24security by 1st class mail, as described in sub. (1), the holder shall attempt to confirm
25the apparent owner's interest in the security by sending the apparent owner e-mail
1not later than 2 years after the apparent owner's last indication of interest in the
2security, except that the holder shall promptly attempt to contact the apparent owner
3by 1st class mail if any of the following applies:
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(a) The holder does not have information needed to send the apparent owner
5e-mail or the holder believes that the apparent owner's e-mail address in the
6holder's records is not valid.
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(b) The holder receives notification that the e-mail was not received.
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(c) The apparent owner does not respond to the e-mail within 30 days from the
9date on which the e-mail was sent.
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10(3) If 1st class mail sent under sub. (2) is returned to the holder by the U.S.
11postal service as undeliverable, the security is presumed abandoned 3 years after the
12date on which the mail is returned.
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13Section
58. 177.0208 of the statutes is created to read:
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14177.0208 When related property presumed abandoned. At and after the
15time property is presumed abandoned under this chapter, any property right or
16interest accrued or accruing from property presumed abandoned under this chapter
17is presumed abandoned.
AB325,59
18Section
59. 177.0210 of the statutes is created to read:
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19177.0210 Indication of apparent owner interest in property. (1)
20Property is presumed abandoned from the earliest of the following:
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(a) The date on which the property is otherwise presumed abandoned under
22this subchapter.
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(b) The date on which the dormancy period has elapsed following the last
24indication of interest by the apparent owner in the property.
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1(2) Under this chapter, an indication of an apparent owner's interest in
2property includes the following:
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(a) A record communicated by the apparent owner to the holder or the holder's
4agent concerning the property or the account in which the property is held.
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(b) An oral communication by the apparent owner to the holder or agent of the
6holder concerning the property or the account in which the property is held, if the
7holder or the holder's agent contemporaneously makes and preserves a record of the
8fact of the apparent owner's communication.
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(c) Presentment of a check or other instrument of payment of a dividend,
10interest, or other distribution, or evidence of receipt of a distribution made by
11electronic or similar means, with respect to an account, underlying security, or
12interest in a business association.
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(d) Activity directed by an apparent owner in the account in which the property
14is held, including accessing the account or information concerning the account, or a
15direction by the apparent owner to increase, decrease, or otherwise change the
16amount or type of property held in the account.
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(e) A deposit into or withdrawal from an account at a financial organization,
18including an automatic deposit or withdrawal previously authorized by the apparent
19owner, other than an automatic reinvestment of dividends or interest.
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(f) Subject to sub. (5), payment of a premium on an insurance policy.
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(g) Any other action by the apparent owner that reasonably demonstrates to
22the holder that the apparent owner knows that the property exists.
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23(3) An action by an agent or other representative of an apparent owner, other
24than the holder acting as the apparent owner's agent, is presumed to be an action on
25behalf of the apparent owner.
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1(4) A communication with an apparent owner by a person other than the holder
2or the holder's representative is not an indication of interest in the property by the
3apparent owner unless a record of the communication evidences the apparent
4owner's knowledge of a right to the property.
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5(5) If an insured person dies or the insured or beneficiary of an insurance policy
6otherwise becomes entitled to the proceeds before depletion of the cash surrender
7value of the policy by operation of an automatic-premium-loan provision or other
8nonforfeiture provision contained in the policy, the operation does not prevent the
9policy from maturing or terminating for purposes of this chapter.
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10Section
60. 177.0211 of the statutes is created to read:
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11177.0211 Knowledge of death of insured or annuitant. (1) In this section,
12“death master file” means the federal social security administration death master
13file or other database or service that is at least as comprehensive as the federal social
14security administration death master file for determining that a person has
15reportedly died.
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16(2) With respect to a life or endowment insurance policy or annuity contract
17for which an amount is owed on proof of death, but which has not matured by proof
18of death of the insured or annuitant, the insurance company has knowledge of the
19death of an insured or annuitant when any of the following occurs:
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(a) The insurance company receives a death certificate or court order
21determining that the insured or annuitant has died.
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(b) The insurance company or other person validates the death of the insured
23or annuitant by its performance of due diligence, as required under ch. 632 or other
24law, to maintain contact with the insured or annuitant to determine whether the
25insured or annuitant has died.
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1(c) The insurance company compares for any purpose a death master file with
2the names of some or all of the company's insureds or annuitants, finds a match that
3provides notice that the insured or annuitant has died, and the company validates
4the death.