LRB-3306/3
RAC&JK:sac:jf
2013 - 2014 LEGISLATURE
February 20, 2014 - Introduced by Representatives August, Schraa, Czaja,
Kuglitsch, Strachota, Jacque, Kapenga, Krug, Murtha, Knodl, Bies,
Pridemore, T. Larson and Craig, cosponsored by Senator Kedzie. Referred to
Committee on State Affairs and Government Operations.
AB801,1,4
1An Act to renumber and amend 71.93 (1) (d);
to amend 71.93 (3) (a) (intro.)
2and 177.18 (1); and
to create 71.93 (1) (d) 2. and 177.19 of the statutes;
3relating to: establishing a process for the return of unclaimed property by the
4state.
Analysis by the Legislative Reference Bureau
Current law requires the administrator of the state's unclaimed property
program—currently the secretary of revenue—to publish in a newspaper of general
circulation in any county the names of all persons who may reside in that county and
be owners of abandoned property held by the state. This bill requires that the names
also be published on an Internet site maintained by the administrator.
The bill also requires the administrator to notify the Department of Revenue
(DOR) by July 1 of each year, along with any available social security numbers of the
persons on the list. DOR must then notify the administrator if any such person has
filed a Wisconsin income tax return in that year and must provide the administrator
with the address of the person that appears on the tax return. DOR must also notify
the administrator if any such person owes a debt to a state agency, county, or
municipality that DOR may collect under the tax refund intercept program.
Under the bill, if the value of the property that is owed to any person who is
identified by DOR is $2,000 or less, the person is not required to file a claim and the
administrator must deliver the property or pay the amount owing to the person. If
the value of the property is greater than $2,000, the administrator must send written
notice to the person, informing the person that he or she is the owner of abandoned
property held by the state and may file a claim with the administrator for return of
the property. Before paying any amount owed to the person, however, the
administrator must first pay to DOR the amount owed to the person so that DOR may
use that amount to collect any debt the person owes under the tax refund intercept
program. Any amount remaining after satisfying the debt is then paid to the person.
For further information see the state 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:
AB801,1
1Section
1. 71.93 (1) (d) of the statutes is renumbered 71.93 (1) (d) (intro.) and
2amended to read:
AB801,2,33
71.93
(1) (d) (intro.) "Refund" means
the any of the following:
AB801,2,6
41. The excess amount by which any payments, refundable credits
, or both
5exceed a debtor's Wisconsin tax liability or any other liability owed to the
6department.
AB801,2
7Section
2. 71.93 (1) (d) 2. of the statutes is created to read:
AB801,2,108
71.93
(1) (d) 2. The amount owed to a debtor under s. 177.24 (3) for the return
9of abandoned property under s. 177.24 which exceeds a debtor's Wisconsin tax
10liability or any other liability owed to the department.
AB801,2,1813
71.93
(3) (a) (intro.) The department of revenue shall setoff any debt or other
14amount owed to the department, regardless of the origin of the debt or of the amount,
15its nature or its date.
The department's setoff shall also be made against unclaimed
16property owed to the debtor under s. 177.24. If after the setoff there remains a refund
17in excess of $10, the department shall set off the remaining refund against certified
18debts of other entities in the following order:
AB801,4
1Section
4. 177.18 (1) of the statutes is amended to read:
AB801,3,112
177.18
(1) Before July 1 of each year, the administrator shall publish
on an
3Internet site maintained by the administrator a notice
entitled "Notice of
the names
4of persons appearing to be owners of abandoned
property" property. Except as
5provided in sub. (1m), the notice shall include the name of each person identified in
6a report filed under s. 177.17 since the publication of the previous notice. The
7administrator shall
also publish the notice as a class 1 notice under ch. 985, in a
8newspaper of general circulation in the county in which is located the last-known
9address of the person to be named in the notice. If no address is listed or the address
10is outside this state, the notice shall be published in the county in which the holder
11of the property has its principal place of business within this state.
AB801,5
12Section
5. 177.19 of the statutes is created to read:
AB801,3,17
13177.19 Tax return identification of apparent owners of abandoned
14property. (1) Annually, before July 1, the administrator shall notify the
15department of revenue of the names of all persons appearing to be owners of
16abandoned property under s. 177.18 (1). The administrator shall also provide to the
17department of revenue the social security numbers of the persons, if available.
AB801,3,22
18(2) The department of revenue shall notify the administrator if any person
19under sub. (1) has filed a Wisconsin income tax return in that year and shall provide
20the administrator with the address of the person that appears on the tax return. The
21department shall also notify the administrator if any person under sub. (1) is a debtor
22under s. 71.93 or 71.935.
AB801,3,24
23(3) For any person who is identified under sub. (2), the administrator shall do
24all of the following:
AB801,4,3
1(a) If the person is a debtor under s. 71.93 or 71.935, the administrator shall
2first pay to the department from the amount that is owed the person all setoffs
3against the person's debt under s. 71.93 or 71.935.
AB801,4,74
(b) 1. If the value of the property that is owed the person is $2,000 or less after
5any setoff is paid under par. (a), the person is not required to file a claim under s.
6177.24 and the administrator shall deliver the property or pay the amount owing to
7the person in the manner provided under s. 177.24 (3).
AB801,4,128
2. If the value of the property that is owed the person is greater than $2,000
9after any setoff is paid under par. (a), the administrator shall send written notice to
10the person, informing the person that he or she is the owner of abandoned property
11held by the state and may file a claim with the administrator for return of the
12property under s. 177.24.
AB801,6
13Section
6.
Effective date.
AB801,4,1414
(1) This act takes effect on July 1, 2015.
