2011 - 2012 LEGISLATURE
February 1, 2012 - Introduced by Representatives Thiesfeldt, Spanbauer and
Endsley. Referred to Committee on Urban and Local Affairs.
AB507,1,4
1An Act to renumber 59.66 (2) (title); and
to renumber and amend 59.66 (2)
2(a) 1., 59.66 (2) (a) 2., 59.66 (2) (am), 59.66 (2) (b) and 59.66 (2) (c) of the statutes;
3relating to: authorizing cities, villages, and towns to retain certain unclaimed
4funds in a public treasury.
Analysis by the Legislative Reference Bureau
Under current law, in every odd-numbered year, each officer of a municipality
and county and each clerk of every court of record must provide a report to the county
treasurer listing all persons for whom the officer or clerk holds money or security that
has not been claimed for at least one year. The county treasurer must then publish
a legal notice in a newspaper or other publication once a week for three consecutive
weeks (class 3 notice) containing the names and last-known addresses of the owners
of unclaimed money or security with a value of at least $10. If the money or security
is not claimed within six months, the county treasurer takes possession of the money
or security that, was in the possession of both county and municipal officers, and the
clerks of courts, and deposits it in the county's general fund. If the money is not
claimed within ten years, the money or property becomes the property of the county.
Under this bill, if the money or security is not claimed within six months of the
completed publication, a county treasurer takes possession of the money or security
that was in the possession of the county officers and clerks of courts and deposits it
in the county's general fund, and a municipal treasurer takes possession of the
money or security that was in the possession of municipal officers and deposits it in
the municipality's general fund. Also under the bill, if the money is not claimed
within ten years, the money or property becomes the property of the county or
municipality.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB507, s. 1
1Section
1. 59.66 (2) (title) of the statutes is renumbered 66.0610 (title).
AB507, s. 2
2Section
2. 59.66 (2) (a) 1. of the statutes is renumbered 66.0610 (1) (a) and
3amended to read:
AB507,3,64
66.0610
(1) (a) On or before January 10 of every odd-numbered year, each
5officer of a municipality and county, and each clerk of every court of record, shall file
6with the
county treasurer of that person's county a written report under oath giving
7the names and the last-known addresses of all persons for whom any such officer or
8clerk holds money or security, and which has not been claimed for at least one year,
9and showing the amount of the money or the nature of the security in detail. A
10duplicate report shall also be mailed to the department of financial institutions.
11Upon receiving the reports the
county treasurer shall
cause to be published publish 12a class 3 notice, under ch. 985, on or before February 1 of the same year, which
13contains the names and last-known addresses of the owners of the unclaimed money
14or security that has a value of at least $10, and shall state that unless the owners call
15for and prove their ownership of the money or security, within 6 months from the time
16of the completed publication, the
county treasurer will take possession or control of
17the money or security
held by the county treasurer, county officer, or clerk of every
18court of record, and the municipal treasurer will take possession or control of the
19money or security held by the municipal treasurer or a municipal officer. At the end
20of the 6 months from the time of the completed publication, the
county treasurer shall
1also take possession or control of all money or security of persons for whom
an a
2county officer
of a municipality and county, and each clerk of every court of record,
3holds money or security, and
the municipal treasurer shall also take possession or
4control of all money or security of persons for whom a municipal officer holds money
5or security, and which has not been claimed for at least one year, if the money or
6security has a value of less than $10.
AB507, s. 3
7Section
3. 59.66 (2) (a) 2. of the statutes is renumbered 66.0610 (1) (b) and
8amended to read:
AB507,3,139
66.0610
(1) (b) In counties with a population of 500,000 or more, the
county 10treasurer shall distribute to as many community-based newspapers as possible, that
11are published in the county, a copy of the notice that is described in
subd. 1. par. (a). 12The
county treasurer shall distribute these copies of notices at the same time that
13he or she causes the notices to be published.
AB507, s. 4
14Section
4. 59.66 (2) (am) of the statutes is renumbered 66.0610 (2) and
15amended to read:
AB507,3,2316
66.0610
(2) Any money or security of which
the a county or municipal treasurer
17has taken possession or control under
par. sub. (1) (a)
1. and has had in his or her
18possession or control for more than one year shall, to the extent possible, be deposited
19in the county's
or municipality's general revenue fund. Money or security that is
20deposited under this
paragraph subsection may remain in the county's
or
21municipality's general revenue fund or may be used by the county
or municipality 22until the money or security is paid or delivered to its owner, or becomes the property
23of the county
or municipality, under
par. (b) sub. (3).
AB507, s. 5
24Section
5. 59.66 (2) (b) of the statutes is renumbered 66.0610 (3) and amended
25to read:
AB507,4,9
166.0610
(3) If within 10 years from the time any such money or security is
2delivered to
the a county or municipal treasurer the owner of the money or security
3proves to the satisfaction of the treasurer the owner's right to the possession of the
4money or security, it shall be paid or delivered to the owner. If no such proof is made,
5then at the end of the 10-year period the money or property shall become the
6property of the county
or municipality. Nothing in this
subsection section shall be
7construed to deprive the owner of any such property of the owner's right to proceed
8by court action for the recovery of such money or security from
the a county or
9municipal treasurer.
AB507, s. 6
10Section
6. 59.66 (2) (c) of the statutes is renumbered 66.0610 (4) and amended
11to read:
AB507,4,1412
66.0610
(4) Any person violating this
subsection section shall, upon conviction,
13be fined not less than $50 nor more than $200 or imprisoned for not less than 30 days
14nor more than 6 months.
AB507,4,1916
(1) This act first applies to the next succeeding January 10 of an odd-numbered
17year, except that if this subsection takes effect after October 1 of an even-numbered
18year, the act first applies to the January 10 of the odd-numbered year which occurs
19after the next succeeding January 10 of an odd-numbered year.