AB752,113
12Section
113. 177.0902 of the statutes is created to read:
AB752,51,15
13177.0902 When property subject to recovery by another state. (1)
14Property held under this chapter by the administrator is subject to the right of
15another state to take custody of the property if any of the following applies:
AB752,51,2116
(a) The property was paid or delivered to the administrator because the records
17of the holder did not reflect a last-known address in the other state of the apparent
18owner and the other state establishes that the last-known address of the apparent
19owner or other person entitled to the property was in the other state or, under the
20law of the other state, the property has become subject to a claim by the other state
21of abandonment.
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(b) The records of the holder did not accurately identify the owner of the
23property, the last-known address of the owner was in another state, and, under the
24law of the other state, the property has become subject to a claim by the other state
25of abandonment.
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1(c) The property was subject to the custody of the administrator of this state
2under s. 177.0305 and, under the law of the state of domicile of the holder, the
3property has become subject to a claim by the state of domicile of the holder of
4abandonment.
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(d) The property is a sum payable on a traveler's check, money order, or similar
6instrument that was purchased in the other state and delivered to the administrator
7under s. 177.0306 and, under the law of the other state, has become subject to a claim
8by the other state of abandonment.
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9(2) A claim by another state to recover property under this section must be
10presented in a form prescribed by the administrator, unless the administrator
11waives presentation of the form.
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12(3) The administrator shall make a decision regarding each claim under this
13section no later than 90 days after the claim is presented to the administrator. If the
14administrator determines that the other state is entitled under sub. (1) to custody
15of the property, the administrator shall allow the claim and pay or deliver the
16property to the other state.
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17(4) The administrator may require another state, before recovering property
18under this section, to agree to indemnify this state and its agents, officers, and
19employees against any liability on a claim to the property.
AB752,114
20Section
114. 177.0903 of the statutes is created to read:
AB752,52,25
21177.0903 Claim for property by person claiming to be owner. (1) A
22person claiming to be the owner of property held under this chapter by the
23administrator may file a claim for the property on a form prescribed by the
24administrator. The claimant shall verify the claim as to its completeness and
25accuracy.
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1(2) The administrator may waive the requirement under sub. (1) and may pay
2or deliver property directly to a person if the person receiving the property or
3payment is shown to be the apparent owner included on a report filed under s.
4177.0401 and the administrator reasonably believes the person is entitled to receive
5the property or payment.
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6(3) If a claim is submitted by a locator service that enters into an agreement
7under subch. XIII, a copy of the agreement shall be filed with the claim, otherwise
8the administrator shall deny the claim.
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9(4) The administrator may use state tax information to assist in identifying the
10owner of property that has been abandoned as provided under this chapter or in
11verifying a claim filed under this subchapter.
AB752,115
12Section
115. 177.0904 of the statutes is created to read:
AB752,53,16
13177.0904 When administrator must honor claim for property. (1) (a)
14The administrator shall pay or deliver property to a claimant under s. 177.0903 (1)
15if the administrator receives evidence sufficient to establish to the satisfaction of the
16administrator that the claimant is the owner of the property.
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(b) If a claim is made and allowed under subch. XIII, the administrator shall
18pay or deliver property to the apparent owner of the property.
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19(2) Not later than 90 days after a claim is filed under s. 177.0903 (1), the
20administrator shall allow or deny the claim and give the claimant notice in a record
21of the decision. The administrator may refer any claim to the attorney general for
22an opinion. For each claim referred, the attorney general shall advise the
23administrator either to allow it or to deny it in whole or in part.
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24(3) If the administrator denies a claim under sub. (2), the administrator shall
25inform the claimant of the reason for the denial and specify what additional evidence,
1if any, is required for the claim to be allowed. The claimant may file an amended
2claim with the administrator or commence an action under s. 177.0906. The
3administrator shall consider an amended complaint filed under this subsection as an
4initial claim.
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5(4) If the administrator does not take action on a claim during the 90-day
6period following the filing of a claim under s. 177.0903 (1), the claim is denied.
AB752,116
7Section
116. 177.0905 of the statutes is created to read:
AB752,54,15
8177.0905 Allowance of claim for property. (1) Not later than 30 days after
9a claim is allowed under s. 177.0904 (2), the administrator shall pay or deliver the
10property to the owner or pay to the owner the net proceeds of a sale of the property,
11together with income or gain to which the owner is entitled under s. 177.0607. Upon
12request of the owner, the administrator may sell or liquidate a security and pay the
13net proceeds to the owner, even if the security has been held by the administrator for
14less than one year or the administrator has not complied with the notice
15requirements under s. 177.0702.
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16(2) If the owner is a debtor under s. 71.93 or 71.935, before delivery or payment
17of property to an owner under sub. (1) or payment to the owner of net proceeds of a
18sale of the property, the administrator shall first setoff against the owner's debt
19under s. 71.93 or 71.935.
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20(3) Any property paid or delivered to a person under this subchapter is subject
21to recovery by the administrator as provided in s. 177.1206.
AB752,117
22Section
117. 177.0906 of the statutes is created to read:
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23177.0906 Action by person whose claim is denied. (1) A person aggrieved
24by a claim denial of the administrator or whose claim has not been acted upon within
2590 days after its filing may petition for judicial review of the decision or of the claim
1under s. 227.52, notwithstanding s. 227.52 (1), except that petitions for review shall
2be served and filed within 90 days after the claim denial or within 180 days after the
3filing of the claim if the administrator has failed to act on it.
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4(2) If the person aggrieved establishes a claim under sub. (1) and is a debtor
5under s. 71.93 or 71.935, the administrator shall first setoff against the person's debt
6under s. 71.93 or 71.935 before delivery or payment of the property to the owner.
AB752,118
7Section
118. 177.10 of the statutes is repealed.
AB752,119
8Section 119
. Subchapter
X (title) of chapter 177 [precedes 177.1001] of the
9statutes is created to read: