AB752,39,3
1(a) Deliver the property to the apparent owner, in the manner provided under
2s. 177.0903, without requiring the apparent owner to file a claim under s. 177.0903,
3if the value of the abandoned property is $2,000 or less.
AB752,39,74 (b) Send written notice to the person, informing the person that he or she is the
5owner of abandoned property held by the state and may file a claim with the
6administrator for return of the property under s. 177.0903, if the value of the
7abandoned property is over $2,000.
AB752,39,11 8(3) For any person who is identified in sub. (1) and who is a debtor under sub.
9(1) (b), the administrator shall setoff the abandoned property against the person's
10debts under s. 71.93 or 71.935. If there is any remaining property after setoff, the
11administrator shall proceed under sub. (2) (a) or (b).
AB752,39,13 12(4) Any property paid or delivered to a person under this section is subject to
13recovery by the administrator as provided in s. 177.1206 and this chapter.
AB752,86 14Section 86. 177.06 of the statutes is repealed.
AB752,87 15Section 87 . Subchapter VI (title) of chapter 177 [precedes 177.0601] of the
16statutes is created to read:
AB752,39,1717 CHAPTER 177
AB752,39,1818 SUBCHAPTER VI
AB752,39,1919 taking custody of property
AB752,39,2020 by administrator
AB752,88 21Section 88. 177.0601 of the statutes is created to read:
AB752,39,23 22177.0601 Definition of good faith. In this subchapter, payment or delivery
23of property is made in good faith if any of the following applies:
AB752,40,3
1(1) The holder had a reasonable basis for believing, based on the facts then
2known, that the property was required or permitted to be paid or delivered to the
3administrator under this chapter.
AB752,40,7 4(2) The holder made payment or delivery in response to a demand by the
5administrator or administrator's agent or under guidance or a ruling issued by the
6administrator that the holder reasonably believed required or permitted the
7property to be paid or delivered.
AB752,89 8Section 89. 177.0602 of the statutes is created to read:
AB752,40,11 9177.0602 Dormancy charge. (1) A holder may deduct a dormancy charge
10from property required to be paid or delivered to the administrator if all of the
11following apply:
AB752,40,1412 (a) A valid written contract between the holder and the apparent owner
13authorizes imposition of the charge for the apparent owner's failure to claim the
14property within a specified time.
AB752,40,1615 (b) The holder regularly imposes the charge and regularly does not reverse or
16otherwise cancel or not collect the charge.
AB752,40,20 17(2) The amount of the deduction under sub. (1) is limited to an amount that is
18not unconscionable considering all relevant factors, including the marginal
19transactional costs incurred by the holder in maintaining the apparent owner's
20property and any services received by the apparent owner.
AB752,90 21Section 90. 177.0603 of the statutes is created to read:
AB752,40,24 22177.0603 Payment or delivery of property to administrator. (1) Except
23as otherwise provided in this section, upon filing a report under s. 177.0401, the
24holder shall pay or deliver to the administrator the property described in the report.
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1(2) If property in a report under s. 177.0401 is an automatically renewable
2deposit and a penalty or forfeiture in the payment of interest would result from
3paying the deposit to the administrator at the time of the report, the date for payment
4of the property to the administrator is extended until a penalty or forfeiture no longer
5would result from payment, if the holder informs the administrator of the extended
6date.
AB752,41,8 7(3) After filing the report under s. 177.0401, property in a safe deposit box shall
8be delivered to the administrator no later than December 1.
AB752,41,10 9(4) If property reported to the administrator under s. 177.0401 is a security, the
10administrator may do any of the following:
AB752,41,1311 (a) Make an endorsement, instruction, or entitlement order on behalf of the
12apparent owner to invoke the duty of the issuer, its transfer agent, or the securities
13intermediary to transfer the security.
AB752,41,1414 (b) Dispose of the security under s. 177.0702.
AB752,41,18 15(5) If the holder of property reported to the administrator under s. 177.0401
16is the issuer of a certificated security, the administrator may obtain a replacement
17certificate in physical or book-entry form under s. 408.405. An indemnity bond is
18not required for purposes of this subsection.
AB752,41,21 19(6) The administrator shall establish procedures for the registration, issuance,
20method of delivery, transfer, and maintenance of securities delivered to the
21administrator by a holder.
AB752,41,25 22(7) An issuer, holder, or transfer agent, or other person acting under this
23section under instructions of and on behalf of the issuer or holder, is not liable to the
24apparent owner for, and shall be indemnified by the state against, a claim arising
25with respect to property after the property has been delivered to the administrator.