LRB-2853/1
RPN:kmg:jlb
1995 - 1996 LEGISLATURE
March 23, 1995 - Introduced by Representatives Baldus, Lehman, Foti,
Ziegelbauer, F. Lasee, Wilder, Huber, Linton, Baldwin, Plache, Grothman,
Plombon, Hasenohrl, R. Young, L. Young
and Ryba, cosponsored by Senators
Clausing and Buettner. Referred to Committee on Urban and Local Affairs.
AB256,1,2 1An Act to amend 170.07, 170.08, 170.09 and 170.10; and to create 170.105 of
2the statutes; relating to: the return of lost money or goods.
Analysis by the Legislative Reference Bureau
Under current law, a person who finds money or goods worth $3 or more is
required to give written notice of the find to the clerk of the town where the money
or goods were found. If the goods are worth $25 or more, the finder must give notice
of the goods to the town clerk and have a notice of the find published twice in a
newspaper. If no one claims the goods within 2 months, the town chairperson is
required to appraise the goods. If the owner of the lost money or goods appears within
one year after the notice is given to the town clerk, current law requires the finder
to return the money or goods to the owner after the owner pays all costs incurred by
the town and reasonable compensation to the finder. If no owner appears within the
one-year period, current law requires the finder to pay 50% of the value of the money
or goods to the town, after deducting all legal charges, and keep the remainder.
This bill requires the finder of money or goods worth more than $25 to give
notice to the law enforcement agency of the city, village or town where the property
is found. The bill increases the minimum value of goods that require an appraisal
and newspaper notice from $25 to $100. The bill requires the law enforcement
agency, not the town chairperson, to appraise the found goods. The bill changes the
time during which the owner can come forward and claim the goods from one year
to 90 days after the notice is provided to the law enforcement agency. If the owner
does not come forward within the 90-day period, the bill provides that the finder
becomes the owner of the money or goods. If the money or goods are found by a public
official, employe or agent, the money or goods revert to the public agency if the owner
does not come forward to claim the money or goods.

For further information see the state and 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:
AB256, s. 1 1Section 1. 170.07 of the statutes is amended to read:
AB256,2,9 2170.07 Lost chattels, notice. Except as provided in s. ss. 170.105 and 170.12,
3if a person finds $3 $25 or more or any goods having a value of at least $3 $25 but
4less than $25 $100, and if the owner of the money or goods is unknown, the finder
5shall, within 5 days after finding the money or goods, give a written notice of the
6found money or goods to the law enforcement agency of the city, village or town clerk
7of the town
in which the money or goods are found and cause. That law enforcement
8agency shall post
a notice of the found money or goods to be posted in 2 public places
9in the city, village or town.
AB256, s. 2 10Section 2. 170.08 of the statutes is amended to read:
AB256,2,21 11170.08 Notice and appraisal. Except as provided in s. ss. 170.105 and
12170.12, the finder of lost goods having a value of $25 $100 or more shall give a written
13notice of the found goods to the clerk law enforcement agency of the city, village or
14town in which the goods are found within 15 days after finding the goods and cause
15a class 2 notice under ch. 985 of the found goods to be published in the county. If no
16person who is entitled to the goods appears to claim the goods, the finder shall, within
172 months after finding the goods and before using the goods to their injury, procure
18an appraisal of the goods by the town chairperson law enforcement agency of the
19finder's city, village or town. The appraisal shall be certified by the chairperson head
20of the law enforcement agency
and filed in the office of the law enforcement agency
21of the city, village or
town clerk's office.
AB256, s. 3
1Section 3. 170.09 of the statutes is amended to read:
AB256,3,7 2170.09 Restitution. If the owner of lost money or goods appears within one
3year
90 days after notice is given to the law enforcement agency of the city, village
4or
town clerk under s. 170.07 or 170.08 and makes out his or her right to the money
5or goods, he or she shall have restitution of the money or goods or the value of the
6money or goods upon his or her paying all the costs and charges on the money or
7goods, including a reasonable compensation to the finder for the finder's trouble.
AB256, s. 4 8Section 4. 170.10 of the statutes is amended to read:
AB256,3,15 9170.10 Payment to town. If no owner of lost money or goods appears within
10one year 90 days after notice is given to the law enforcement agency of the city, village
11or
town clerk under s. 170.07 or 170.08, the finder of the money or goods shall pay
12one-half of the value of the money or goods, after deducting all legal charges, to the
13treasurer of the town. If the finder fails to pay the amount required under this
14section, the amount may be sued for and recovered by the town
be the owner of the
15lost money or goods
.
AB256, s. 5 16Section 5. 170.105 of the statutes is created to read:
AB256,3,25 17170.105 Chattels found by public officials, employes or agents. (1)
18Notwithstanding ss. 170.07 and 170.08, if an official, employe or agent of the state
19or of a county, city, village or town finds $25 or more or any goods having a value of
20at least $25 while acting within the scope of his or her official duties, employment
21or agency, he or she shall transfer custody of the found money or goods to the agency
22in the city, village or town where the money or goods were found that is designated
23by the city, village or town governing body to receive found money or goods. That
24agency shall post a notice of the found money or goods in 2 public places in the city,
25village or town.
AB256,4,7
1(2) If the owner of lost money or goods appears within 90 days after the notice
2is posted under sub. (1) and makes out his or her right to the found money or goods,
3he or she shall have restitution of the money or goods or the value of the money or
4goods upon paying all of the costs and charges on the money or goods. If no owner
5of lost money or goods appears within 90 days after the notice is posted under sub.
6(1), the found money or goods become the property of the state or county, city, village
7or town whose official, employe or agent found the lost money or goods.
AB256, s. 6 8Section 6. Initial applicability.
AB256,4,10 9(1)  This act first applies to money or goods found on the effective date of this
10subsection.
AB256,4,1111 (End)
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