AB325,72,16
13(3) The administrator may declare an executed agreement null and void. In
14the case of an agreement that is null and void, the holder remains subject to all other
15provisions of this chapter. The administrator may declare an executed agreement
16null and void if at least one of the following applies:
AB325,72,1917
(a) Fraud or intentional misrepresentation by the holder or those acting on the
18holder's behalf with respect to the property required to be reported for the period
19covered by the agreement.
AB325,72,2220
(b) It is determined by the administrator that the property reported by the
21holder for the period covered by the agreement is less than 75 percent of the value
22of all property reportable by the holder for the period.
AB325,72,2423
(c) The holder fails to remain in compliance with this chapter for no less than
24the 4 reporting periods following the final reporting period covered by the agreement.
AB325,73,11
1(4) The administrator shall waive the provisions of s. 177.1204 with respect to
2reporting periods covered by the agreement if an application for voluntary disclosure
3is received by the administrator between the first day of the 3rd month and the last
4day of the 15th month after the effective date of this subsection .... [LRB inserts date],
5and a voluntary disclosure agreement is executed within 180 days of receipt of the
6application by the administrator. The administrator may enter into an agreement
7with a holder to extend the date upon which the agreement must be executed and
8shall waive the provisions of s. 177.1204 with respect to reporting periods covered by
9an agreement executed under such extension. The administrator shall make efforts
10to provide information to interested parties regarding the voluntary disclosure
11period provided under this subsection.
AB325,154
12Section
154. 177.16 of the statutes is repealed.
AB325,155
13Section
155. 177.165 of the statutes is renumbered 177.0209 and amended to
14read:
AB325,73,20
15177.0209 Proceeds from sale of property in self-service storage facility. 16Notwithstanding
s. 177.02 (1) any other provision under this chapter, the proceeds
17of a sale under s. 704.90 (6) of personal property stored in a leased facility located
18within a self-service storage facility
after satisfaction of the operator's lien under s.
19704.90 (3) (a) is presumed abandoned
immediately after satisfaction of the operator's
20lien under s. 704.90 (3) (a).
AB325,156
21Section
156. 177.17 of the statutes is repealed.
AB325,157
22Section
157. 177.18 of the statutes is renumbered 177.0503, and 177.0503
23(title), (1), (1g), (1m), (2m) and (4), as renumbered, are amended to read:
AB325,74,13
24177.0503 (title)
Notice and publication of lists of abandoned or
25escheated property by administrator. (1) Before July 1 of each year, the
1administrator shall publish on an Internet site maintained by the administrator a
2notice of the names of
persons appearing to be
apparent owners of abandoned
3property
reported and remitted to the administrator. Except as provided in sub.
4(1m), the notice shall include the name and last-known address of each person
5identified in a report filed under s.
177.17
177.0401 since the publication of the
6previous notice. The administrator shall also publish
the in a newspaper the names
7of apparent owners of abandoned property reported and remitted to the
8administrator in the previous reporting year. The notice
as shall be a class 1 notice
9under ch. 985
, and published in a newspaper of general circulation in the county in
10which is located the last-known address of the person to be named in the notice. If
11no address is listed or the address is outside this state, the notice shall be published
12in the
county in which the holder of the property has its principal place of business
13within this state official state newspaper.
AB325,74,17
14(1g) In addition to any notice required under sub. (1), the administrator shall
15also publish, in the notice described under sub. (1), the name and last-known
16address of each owner of a U.S. savings bond that has been presumed abandoned
17under s.
177.135 177.0206 since the publication of the previous notice.
AB325,74,22
18(1m) If the address of a person to be named in a notice under sub. (1) is outside
19this state, and if the administrator has entered into an agreement under s.
177.33
20(1) 177.1202 with the state in which the address is located, the administrator may
21omit the information specified in sub. (2) with respect to that person from the notice
22published under sub. (1).
AB325,75,5
23(2m) For money or other property received under s. 852.01 (3), 863.37 (2) or
24863.39 (1), a notice shall be published at least annually in the official state
25newspaper and shall include the name of the decedent,
the time and place of the
1decedent's death, the amount paid to the administrator,
the name of the decedent's
2personal representative, the county in which the estate is probated and a statement
3that the money will be paid to the heirs or legatees without interest, on proof of
4ownership, if claimed within 10 years from the date of publication as provided in s.
5863.39 (3).
AB325,75,8
6(4) This section does not apply to sums payable on travelers checks, money
7orders and other written instruments presumed abandoned under s.
177.04 8177.0201.
AB325,158
9Section
158. 177.19 of the statutes is repealed.
AB325,159
10Section
159. 177.20 of the statutes is repealed.
AB325,160
11Section
160. 177.21 of the statutes is repealed.
AB325,161
12Section
161. 177.22 of the statutes is repealed.
AB325,162
13Section
162. 177.225 of the statutes is renumbered 177.1504, and 177.1504
14(1) (a) to (c) and (2), as renumbered, are amended to read:
AB325,75,1615
177.1504
(1) (a) The U.S. savings bond has been presumed abandoned under
16s.
177.135 177.0206 for at least one year.
AB325,75,1817
(b) The U.S. savings bond is subject to the custody of this state as unclaimed
18property under
s. 177.03 subch. III.
AB325,75,2019
(c) At least one year has elapsed since the administrator published the notice
20required under s.
177.18 (1g) 177.0503.
AB325,76,4
21(2) An action under sub. (1) may be commenced in the circuit court for Dane
22County or in any county that would be a proper place of trial under s. 801.50. Subject
23to sub. (3), service may be made under s. 801.11 (1) (c) by publication of a notice
24published as a class 3 notice under ch. 985. In determining which newspaper is likely
25to give notice as required under s. 985.02 (1), the administrator shall consider the
1conditions under s.
177.03 177.0503 that made the U.S. savings bond subject to the
2custody of this state as unclaimed property. The administrator may postpone
3commencing an action under this subsection until sufficient U.S. savings bonds meet
4the conditions under sub. (1) to justify the expense of the action.
AB325,163
5Section
163. 177.23 of the statutes is repealed.
AB325,164
6Section
164. 177.24 of the statutes is repealed.
AB325,165
7Section
165. 177.25 of the statutes is repealed.
AB325,166
8Section
166. 177.255 of the statutes is renumbered 177.0907 and amended to
9read:
AB325,76,24
10177.0907 Claim to recover abandoned U.S. savings bond. 11Notwithstanding s.
177.225 177.1504, any person who could have claimed an
12interest in a U.S. savings bond immediately before this state became the owner of the
13U.S. savings bond pursuant to a judgment entered under s.
177.225 177.1504 (4) may
14file a claim under s.
177.24 177.0903, and another state may file a claim under s.
15177.25 177.0901. Notwithstanding s.
177.24 (3) 177.0607 or
177.25 (2) 177.0902, if
16the claim is allowed, the administrator shall pay the claimant the amount the
17administrator received from redeeming the U.S. savings bond under s.
177.225 (5)
18177.1504, minus any amounts that were deposited in the general fund to pay
19administrative expenses under s.
177.23 (2) 177.0801 that are attributable to the
20U.S. savings bond, or, if the U.S. savings bond has not been redeemed, the amount
21the administrator estimates the administrator will receive from redeeming the U.S.
22savings bond under s.
177.225 (5) 177.1504, minus any amounts the administrator
23estimates will be deposited in the general fund to pay administrative expenses under
24s.
177.23 (2) 177.0801 that are attributable to the U.S. savings bond.