2013 WISCONSIN ACT
308
An Act
to renumber and amend
71.93 (1) (d);
to amend
71.93 (3) (a) (intro.) and 177.18 (1); and
to create
71.93 (1) (d) 2. and 177.19 of the statutes;
relating to:
establishing a process for the return of unclaimed property by the state.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
71.93 (1) (d) of the statutes is renumbered 71.93 (1) (d) (intro.) and amended to read:
71.93
(1)
(d) (intro.) "Refund" means
the
any of the following:
1. The
excess amount by which any payments, refundable credits
,
or both exceed a debtor's Wisconsin tax liability or any other liability owed to the department.
Section
2
.
71.93 (1) (d) 2. of the statutes is created to read:
71.93
(1)
(d) 2. The amount owed to a debtor under s. 177.24 (3) for the return of abandoned property under s. 177.24 which exceeds a debtor's Wisconsin tax liability or any other liability owed to the department.
Section
3
.
71.93 (3) (a) (intro.) of the statutes, as affected by
2013 Wisconsin Act 20
, is amended to read:
71.93
(3)
(a) (intro.) The department of revenue shall setoff any debt or other amount owed to the department, regardless of the origin of the debt or of the amount, its nature or its date.
The department's setoff shall include the use of unclaimed property owed to the debtor under s. 177.24.
If after the setoff there remains a refund in excess of $10, the department shall set off the remaining refund against certified debts of other entities in the following order:
Section
4
.
177.18 (1) of the statutes is amended to read:
177.18
(1)
Before July 1 of each year, the administrator shall publish
on an Internet site maintained by the administrator
a notice
entitled "Notice
of
the
names of persons appearing to be owners of abandoned
property"
property
. Except as provided in sub. (1m), the notice shall include the name
and last-known address
of each person identified in a report filed under s. 177.17 since the publication of the previous notice. The administrator shall
also
publish the notice as a class 1 notice under ch. 985, in a newspaper of general circulation in the county in which is located the last-known address of the person to be named in the notice. If no address is listed or the address is outside this state, the notice shall be published in the county in which the holder of the property has its principal place of business within this state.
Section
5
.
177.19 of the statutes is created to read:
177.19
Tax return identification of apparent owners of abandoned property.
(1)
Annually, before July 1, the administrator shall notify the department of revenue of the names of all persons appearing to be owners of abandoned property under s. 177.18 (1). The administrator shall also provide to the department of revenue the social security numbers of the persons, if available.
(2)
The department of revenue shall notify the administrator if any person under sub. (1) has filed a Wisconsin income tax return in that year and shall provide the administrator with the address of the person that appears on the tax return. The department shall also notify the administrator if any person under sub. (1) is a debtor under s. 71.93 or 71.935.
(3)
For any person who is identified under sub. (2), the administrator shall do all of the following:
(a) If the person is a debtor under s. 71.93 or 71.935, the administrator shall first pay to the department from the amount that is owed the person all setoffs against the person's debt under s. 71.93 or 71.935.
(b) 1. If the value of the property that is owed the person is $2,000 or less after any setoff is paid under par. (a), the person is not required to file a claim under s. 177.24 and the administrator shall deliver the property or pay the amount owing to the person in the manner provided under s. 177.24 (3).
2. If the value of the property that is owed the person is greater than $2,000 after any setoff is paid under par. (a), the administrator shall 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 under s. 177.24.
Section
6
.
Effective date.
(1) This act takes effect on July 1, 2015.
