LRB-1602/1
EVM:kjf:rs
2011 - 2012 LEGISLATURE
March 17, 2011 - Introduced by Senators Galloway, Leibham, Schultz, Taylor,
Lassa
and Grothman, cosponsored by Representatives Petrowski, Bies,
Ballweg, Kooyenga, LeMahieu, Kerkman, Nass, A. Ott, Rivard, Danou
and
Mursau. Referred to Committee on State and Federal Relations and
Information Technology.
SB37,1,3 1An Act to amend 59.66 (1) (c), 59.66 (2) (a) 1. and 59.66 (2) (a) 2. of the statutes;
2relating to: authorizing county treasurers to provide notice of unclaimed
3funds by using the Internet.
Analysis by the Legislative Reference Bureau
Under current law, in every odd-numbered year, each officer of a municipality
and county must provide a report to the county treasurer listing all persons for whom
the officer holds money or security which has not been claimed for at least one year.
The 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 treasurer
takes possession of the money or security 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.
Also under current law, in every odd-numbered year, the circuit court clerk
must provide a report to the county treasurer listing all money, securities, or funds
in the clerk's possession for which no proceedings in the case have occurred for four
or more years. One year after providing the report, the clerk must then turn over any
remaining unclaimed funds to the county treasurer. After receiving the funds, the
treasurer must publish a class 3 notice of the fact that he or she is in possession of
the unclaimed funds. If no legal claim is made within 90 days of the last publication,
the treasurer deposits the money in the county's general fund.

Under this bill, the county treasurer may choose to post on the county's Web
site, instead of or in addition to the publication of a class 3 notice, the notice of
unclaimed case-related funds received from the circuit court clerk. Also under this
bill, the county treasurer may choose to post on the county's Web site and make a copy
available at the treasurer's office the notice containing the names and last-known
addresses of the owners of unclaimed money or security with a value of at least $10,
instead of or in addition to the publication of a class 3 notice. If the treasurer elects
not to provide the class 3 notice, he or she is required to publish a class 3 notice
stating that the full notice containing the names and last-known addresses of the
owners of the unclaimed money or security that has a value of at least $10 is available
on the county's Web site and at the treasurer's office.
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:
SB37, s. 1 1Section 1. 59.66 (1) (c) of the statutes is amended to read:
SB37,2,112 59.66 (1) (c) On or before March 1 of the same year the treasurer shall publish
3in the county, as a class 3 notice, under ch. 985, or post a notice on the county's Web
4site,
the fact that he or she has unclaimed moneys, securities , or funds in his or her
5possession for disposition. If no legal claim is made for the moneys, securities, or
6funds within 90 days after the last publication above provided for , or the initial
7posting of the notice, whichever is later
, then the treasurer shall deposit the moneys,
8securities, or funds, together with all interest and profits thereon, in the general fund
9of the county treasury, and no action may thereafter be maintained by any person,
10firm, or corporation against the county or the treasurer for the moneys, securities,
11or funds.
SB37, s. 2 12Section 2. 59.66 (2) (a) 1. of the statutes is amended to read:
SB37,3,2213 59.66 (2) (a) 1. On or before January 10 of every odd-numbered year, each
14officer of a municipality and county, and each clerk of every court of record, shall file
15with the treasurer of that person's county a written report under oath giving the

1names and the last-known addresses of all persons for whom any such officer or clerk
2holds money or security, and which has not been claimed for at least one year, and
3showing the amount of the money or the nature of the security in detail. A duplicate
4report shall also be mailed to the department of financial institutions. Upon
5receiving the reports the treasurer shall cause to be published publish a class 3
6notice, under ch. 985, or post a notice on the county's Web site and make a copy of the
7notice available at the treasurer's office,
on or before February 1 of the same year,
8which contains the names and last-known addresses of the owners of the unclaimed
9money or security that has a value of at least $10, and shall state that unless the
10owners call for and prove their ownership of the money or security, within 6 months
11from the time of the completed publication or initial posting, the treasurer will take
12possession or control of the money or security. At the end of the 6 months from the
13time of the completed publication or initial posting, the treasurer shall also take
14possession or control of all money or security of persons for whom an officer of a
15municipality and county, and each clerk of every court of record, holds money or
16security, and which has not been claimed for at least one year, if the money or security
17has a value of less than $10. If the treasurer elects not to publish a class 3 notice
18containing the names and last-known addresses of the owners of the unclaimed
19money or security that has a value of at least $10, the treasurer shall publish a class
203 notice, under ch. 985, stating that the notice containing the names and last-known
21addresses of the owners of the unclaimed money or security that has a value of at
22least $10 is available on the county's Web site and at the treasurer's office
.
SB37, s. 3 23Section 3. 59.66 (2) (a) 2. of the statutes is amended to read:
SB37,4,324 59.66 (2) (a) 2. In counties with a population of 500,000 or more, the treasurer
25shall distribute to as many community-based newspapers as possible, that are

1published in the county, a copy of the notice that is described in subd. 1. The
2treasurer shall distribute these copies of notices at the same time that he or she
3causes the notices to be published or posted.
SB37,4,44 (End)
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