LRB-2741/1
EVM:bjk:rs
2009 - 2010 LEGISLATURE
July 24, 2009 - Introduced by Representatives Lothian, Nass, Suder, Murtha,
Brooks, Spanbauer, Vos, Townsend, LeMahieu, Petrowski and Ballweg,
cosponsored by Senators Kedzie, Lehman, Taylor and
A. Lasee. Referred to
Committee on Urban and Local Affairs.
AB347,1,2
1An Act to amend 59.66 (3) of the statutes;
relating to: the Internet sale of
2unclaimed personal property by a sheriff.
Analysis by the Legislative Reference Bureau
Under current law, the personal property of an individual who dies while he or
she is a patient at a county institution or whose body has been taken charge of by the
coroner or medical examiner is, if unclaimed for one year, delivered to the county
sheriff and subject to sale. Any personal property left at the county jail by a prisoner
after the discharge, transfer, or other commitment of the prisoner, and unclaimed for
more than one year, or any property, found or stolen, which comes into the sheriff's
possession and remains unclaimed for more than one year, is also subject to sale by
the sheriff. Each year on or before August 1, the sheriff must post a notice at three
public places in the county describing the place and time of a public auction at which
the unclaimed personal property held by the sheriff will be sold. The auction must
be held as described in the notice. Any remaining personal property may be sold for
the best price obtainable or, if it cannot be sold, destroyed in the presence of the
sheriff. Any proceeds of the sale of personal property is remitted to the county
treasurer for inclusion in the general fund of the county.
Under this bill, the sheriff may choose to sell the personal property at a public
auction at either a specified physical location or an Internet site.
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:
AB347, s. 1
1Section
1. 59.66 (3) of the statutes is amended to read:
AB347,3,92
59.66
(3) Disposition of unclaimed personal property other than money or
3securities held by county institutions, coroners, medical examiners
, or sheriffs. 4All personal property other than money or securities of a deceased person who at the
5time of his or her death is a patient at any county institution or whose body is taken
6in charge by the coroner or medical examiner shall be preserved by the
7superintendent of the institution, the coroner
, or the medical examiner for one year
8unless the property is claimed sooner by a person having the legal right to the
9property. Annually on July 1 the superintendent, coroner
, or medical examiner shall
10make a verified written report listing all personal property which has remained in
11that person's custody for one year without being claimed and giving all facts as to
12ownership of the property as that person's records contain. The superintendent,
13coroner
, or medical examiner shall file the report with the sheriff of the county and
14deliver the property to the sheriff, who shall issue a receipt for the property.
15Thereupon the superintendent, coroner
, or medical examiner shall be discharged
16from further liability for the property, title to which shall then vest in the county. Any
17property which is left at the county jail for a period of one year after the prisoner has
18been discharged, transferred
, or committed and any property, found or stolen, which
19comes into the hands of the sheriff and in any case remains unclaimed for a period
20of one year, shall be sold as prescribed in this subsection. The sheriff shall, on or
21before August 1 annually, post a notice in 3 public places in the county, briefly
1describing the property and stating that the sheriff will sell the property at public
2auction on a certain date and at a
named place specified physical location or Internet
3site, which auction shall be held accordingly. Any of the property which is not
4disposed of at the auction shall be sold for the best price obtainable, and if the
5property cannot be disposed of by sale, shall be destroyed in the presence of the
6sheriff. The sheriff shall, on or before September 1 annually, remit the proceeds of
7the auction or general sale to the treasurer and shall file a verified report of the
8sheriff's action in connection therewith. The proceeds shall become a part of the
9general fund of the county.
