The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB325,1 Section 1. 20.437 (2) (qm) of the statutes is amended to read:

AB325,3,9 20.437 (2) (qm) Child support state operations and reimbursement for claims and expenses; unclaimed payments. From the support collections trust fund, a sum sufficient equal to the amounts credited under s. 20.912 (1) to the support collections trust fund and the amounts not distributable under par. (r) for administering the program under s. 49.22 and all other purposes specified in s. 49.22 and for reimbursing the secretary department of revenue under s. 177.265 177.0503 (2n) (b).

AB325,2 Section 2. 20.566 (4) (a) of the statutes is amended to read:

AB325,4,4 20.566 (4) (a) Unclaimed property; contingency appropriation. A sum sufficient to pay claims under ss. 177.24 to 177.26 subch. IX of ch. 177 and 863.39 (3). Money may be paid under this paragraph only if sufficient funds are not available under par. (j).

AB325,3 Section 3. 20.566 (4) (j) of the statutes is amended to read:

AB325,4,10 20.566 (4) (j) Unclaimed property; claims. All moneys received under ss. 177.23 (2) 177.0801, 852.01 (3), 863.37 (2), and 863.39 to pay claims under ss. 177.24 to 177.26 subch. IX of ch. 177 and 863.39 (3), to transfer the amounts appropriated under par. (k), and for promotional activities for the unclaimed property program under s. 20.585 (1) (k) as specified in s. 14.58 (4).

AB325,4 Section 4. 62.63 (5) of the statutes is amended to read:

AB325,4,21 62.63 (5) Treatment of abandoned retirement accounts. Funds in employee retirement accounts of a retirement system of a 1st class city, which are presumed abandoned under s. 177.13 subch. II of ch. 177, are not subject to the custody of the state as unclaimed property under ch. 177, but shall be retained by the retirement system and used to reduce employer funding obligations to the retirement system. The board of a retirement system of a 1st class city shall devise rules and regulations for determining the conditions under which employee retirement accounts are presumed abandoned and for determining the manner in which funds in the abandoned employee retirement accounts may be used to reduce employer funding obligations to the retirement system.

AB325,5 Section 5. 71.93 (1) (d) 2. of the statutes is amended to read:

AB325,4,25 71.93 (1) (d) 2. The amount owed to a debtor under s. 177.24 (3) 177.0905 for the return of abandoned property under s. 177.24 subch. IX of ch. 177 which exceeds a debtor's Wisconsin tax liability or any other liability owed to the department.

AB325,6 Section 6. 71.93 (3) (a) (intro.) of the statutes is amended to read:

AB325,5,8 71.93 (3) (a) (intro.) The department of revenue shall setoff any debt or other amount owed to the department, regardless of the origin of the debt or of the amount, its nature or its date. The department's setoff shall include the use of unclaimed property owed to the debtor under s. 177.24 177.0505, 177.0605 (12), 177.0905 (2), or 177.0906 (2). If after the setoff there remains a refund in excess of $10, the department shall set off the remaining refund against certified debts of other entities in the following order:

AB325,7 Section 7. 73.01 (4) (a) of the statutes is amended to read:

AB325,6,3 73.01 (4) (a) Subject to the provisions for judicial review contained in s. 73.015, the commission shall be the final authority for the hearing and determination of all questions of law and fact arising under sub. (5) and s. 72.86 (4), 1985 stats., and ss. 70.38 (4) (a), 70.397, 70.64, and 70.995 (8), s. 76.38 (12) (a), 1993 stats., ss. 76.39 (4) (c), 76.48 (6), 77.26 (3), 77.59 (5m) and (6) (b), 78.01, 78.22, 78.40, 78.555, 139.02, 139.03, 139.06, 139.31, 139.315, 139.33, 139.76, 139.78, 177.1103, 177.1206 (3), 341.405, and 341.45, subch. XIV of ch. 71, and subch. VII of ch. 77. Whenever with respect to a pending appeal there is filed with the commission a stipulation signed by the department of revenue and the adverse party, under s. 73.03 (25), or the department of transportation and the adverse party agreeing to an affirmance, modification, or reversal of the department of revenue's or department of transportation's position with respect to some or all of the issues raised in the appeal, the commission shall enter an order affirming or modifying in whole or in part, or canceling the assessment appealed from, or allowing in whole or in part or denying the petitioner's refund claim, as the case may be, pursuant to and in accordance with the stipulation filed. No responsibility shall devolve upon the commission, respecting the signing of an order of dismissal as to any pending appeal settled by the department of revenue or the department of transportation without the approval of the commission.

AB325,8 Section 8. 73.03 (75) of the statutes is created to read:

AB325,6,25 73.03 (75) To submit a report to the joint committee on finance no later than 6 months after the end of each fiscal year, beginning with the 2021-22 fiscal year and ending with the 2025-26 fiscal year, that contains information on the use of contract auditors in the unclaimed property program under ch. 177, including auditor performance results and comments and concerns from those audited regarding the contract auditors. The department shall survey those audited by contract auditors to receive comments and concerns. Before allowing any person to engage in an audit of another person's documents or records, the administrator shall post the contract or other agreement with the person on the department's Internet site. The contract or other agreement shall remain posted on the department's Internet site until the contract or other agreement is no longer in effect, is no longer valid, or is superseded or otherwise rescinded. The person may take no action to engage in the audit until the administrator certifies that the person will proceed, even if domiciled in another state, in accordance with Wisconsin statutes and department rules and guidance documents and the administrator concludes there is a reasonable justification for using the person to engage in the audit. The administrator shall actively monitor the person to ensure that the person, even if domiciled in another state, is acting in accordance with such statutes, rules, and guidance documents and shall immediately take corrective action, including rescinding the contract, if the administrator reasonably concludes the person is not acting in accordance with such statutes, rules, and guidance documents.

AB325,9 Section 9. Subchapter I (title) of chapter 177 [precedes 177.001] of the statutes is created to read:

AB325,7,3 CHAPTER 177

AB325,7,4 SUBCHAPTER i

AB325,7,5 general provisions

AB325,10 Section 10. 177.001 of the statutes is created to read:

AB325,7,8 177.001 Short title. This chapter may be cited as the “Revised Uniform Unclaimed Property Act.”

AB325,11 Section 11. 177.01 (1) of the statutes is amended to read:

AB325,7,10 177.01 (1) “Administrator" means the secretary department of revenue.

AB325,12 Section 12. 177.01 (1d) of the statutes is created to read:

AB325,7,15 177.01 (1d) “Administrator's agent” means a person that the administrator contracts with to conduct an examination under subch. X on the administrator's behalf, including an independent contractor of such person and each individual participating in the examination on behalf of the person or contractor.

AB325,13 Section 13. 177.01 (2) of the statutes is amended to read:

AB325,7,19 177.01 (2) “Apparent owner" means the a person whose name appears on the records of the holder as the person entitled to owner of property held, issued, or owing by the holder.