AB752,56,17 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.
AB752,56,19 18(2) May be used by the administrator in an action to collect property or
19otherwise enforce this chapter.
AB752,56,25 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.
AB752,57,5
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.
AB752,124 6Section 124. 177.1004 of the statutes is created to read:
AB752,57,12 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.
AB752,125 13Section 125. 177.11 of the statutes is repealed.
AB752,126 14Section 126 . Subchapter XI (title) of chapter 177 [precedes 177.1101] of the
15statutes is created to read:
AB752,57,1616 CHAPTER 177
AB752,57,1717 SUBCHAPTER XI
AB752,57,1818 Assessments and appeals
AB752,127 19Section 127. 177.1101 of the statutes is created to read:
AB752,57,25 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.
AB752,128
1Section 128. 177.1102 of the statutes is created to read:
AB752,58,7 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.
AB752,129 8Section 129. 177.1103 of the statutes is created to read:
AB752,58,13 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.
AB752,130 14Section 130. 177.1104 of the statutes is created to read:
AB752,58,16 15177.1104 Penalties. The provisions of s. 177.1204 shall apply to an amount
16due as determined and assessed under this chapter.
AB752,131 17Section 131. 177.12 of the statutes is renumbered 177.0213, and 177.0213 (1),
18as renumbered, is amended to read:
AB752,58,2519 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.
AB752,132
1Section 132. Subchapter XII (title) of chapter 177 [precedes 177.1201] of the
2statutes is created to read:
AB752,59,33 CHAPTER 177
AB752,59,44 SUBCHAPTER XII
AB752,59,55 enforcement
AB752,133 6Section 133. 177.1201 of the statutes is created to read:
AB752,59,11 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.
AB752,59,14 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.
AB752,59,16 15(3) Subject to sub. (2), the attorney general may bring an action in circuit court
16or in federal court to enforce this chapter.