Section 59.66. Unclaimed funds.

 

(1)   Disposition of unclaimed funds by court clerks.

(a) On or before January 10 of every odd-numbered year the circuit court clerk shall file with the treasurer of his or her county a written report under oath of all moneys, securities or funds in his or her hands or under his or her possession or control where, for a period of 4 years or more, no order was made, or no step or proceeding had or taken in the case, action, or proceeding in, by or through which the moneys, securities or funds may have been deposited or left with the clerk or his or her predecessors in office, and where no valid claim was made upon or for any such moneys, securities or funds for a period of 4 years or more, and where the owner or ownership of the moneys, securities or funds is unknown, or undetermined, and the clerk or his or her successor in office shall hold the moneys, securities or funds, together with all interest or profits, until one year after the making of the report unless sooner demanded by and turned over to the legal owners thereof.

(b) One year after the filing of the report the clerk of any circuit court holding or having in his or her possession any such moneys, securities or funds shall turn them over to the treasurer, unless sooner demanded by and turned over to the legal owners thereof under order of the court in which the case, action or proceeding was pending.

(c)

1. On or before March 1 of the year that the circuit court clerk turns over money or securities to the treasurer under par. (b) , the treasurer shall provide notice in any of the following manners:

a. By providing in the county, a class 3 notice, under ch. 985 , of the names and last-known addresses of the owners of unclaimed moneys, securities, or funds that have a value of at least $20 and that are in the treasurer's possession for disposition.

b. By providing in the county, a class 1 notice, under ch. 985 , of the names and last-known addresses of the owners of unclaimed moneys, securities, or funds that have a value of at least $20 and are in the treasurer's possession for disposition, and, beginning the week after the class 1 notice, providing a class 2 notice, under ch. 985 , that a list of names and last-known addresses of the owners of unclaimed moneys, securities, or funds that have a value of at least $20 and that are in the treasurer's possession for disposition is available on the county's Internet site, on the Wisconsin newspapers legal notices Internet site, as defined in s. 985.01 (7) , and at the treasurer's office. If the treasurer provides notice under this subd. 1. b. , the treasurer shall make available the list of names and last-known addresses of the owners of unclaimed moneys, securities, or funds that have a value of at least $20 and that are in the treasurer's possession for disposition on the county's Internet site and at the treasurer's office.

2. If no legal claim is made for the moneys, securities, or funds within 90 days after the last publication provided for under subd. 1. , then the treasurer shall deposit the moneys, securities, or funds, together with all interest and profits thereon, in the general fund of the county treasury, and no action may thereafter be maintained by any person, firm, or corporation against the county or the treasurer for the moneys, securities, or funds.

(2)   Unclaimed funds in public treasury.

(a)

1. On or before January 10 of every odd-numbered year, each officer of a municipality and county, and each clerk of every court of record, shall file with the treasurer of that person's county a written report under oath giving the names and the last-known addresses of all persons for whom any such officer or clerk holds money or security, and which has not been claimed for at least one year, and showing the amount of the money or the nature of the security in detail. A duplicate report shall also be mailed to the department of financial institutions.

1g. Upon receiving the reports under subd. 1. , the treasurer shall, on or before February 1 of the same year, provide notice in any of the following manners:

a. By providing a class 3 notice, under ch. 985 , of the names and last-known addresses of the owners of unclaimed money or security that has a value of at least $20. Each notice under this subd. 1g. a. shall state that unless the owner requests and proves ownership of the money or security within 6 months from the time of the completed publication, the treasurer will take possession of the money or security.

b. By providing a class 1 notice, under ch. 985 , of the names and last-known addresses of the owners of unclaimed money or security that has a value of at least $20, and, beginning the week after the class 1 notice, providing a class 2 notice, under ch. 985 , that a list of names and last-known addresses of the owners of unclaimed money or security that has a value of at least $20 is available on the county's Internet site, on the Wisconsin newspapers legal notices Internet site, as defined in s. 985.01 (7) , and at the treasurer's office. Each notice under this subd. 1g. b. shall state that unless the owner requests and proves ownership of the money or security within 6 months from the time of the completed publication, the treasurer will take possession of the money or security. If the treasurer provides notice under this subd. 1g. b. , the treasurer shall make available the list of names and last-known addresses of the owners of unclaimed money or security that has a value of at least $20 on the county's Internet site and at the treasurer's office.

1t. At the end of the 6 months from the time of the completed notice procedure under subd. 1g. , the treasurer shall take possession or control of all money or security of persons for whom an officer of a municipality and county, and each clerk of every court of record, holds money or security, and which has not been claimed for at least one year, if the money or security has a value of less than $20.

2. In counties with a population of 500,000 or more, the treasurer shall distribute to as many community-based newspapers as possible, that are published in the county, a copy of a notice that is described in subd. 1g. The treasurer shall distribute these copies of notices at the same time that he or she causes the notices to be published.

(am) Any money or security of which the treasurer has taken possession or control under par. (a) and has had in his or her possession or control for more than one year shall, to the extent possible, be deposited in the county's general revenue fund. Money or security that is deposited under this paragraph may remain in the county's general revenue fund or may be used by the county until the money or security is paid or delivered to its owner, or becomes the property of the county, under par. (b) .

(b) If within 10 years from the time any such money or security is delivered to the treasurer the owner of the money or security proves to the satisfaction of the treasurer the owner's right to the possession of the money or security, it shall be paid or delivered to the owner. If no such proof is made, then at the end of the 10-year period the money or property shall become the property of the county. Nothing in this subsection shall be construed to deprive the owner of any such property of the owner's right to proceed by court action for the recovery of such money or security from the treasurer.

(c) Any person violating this subsection shall, upon conviction, be fined not less than $50 nor more than $200 or imprisoned for not less than 30 days nor more than 6 months.

(3)   Disposition of unclaimed personal property other than money or securities held by county institutions, coroners, medical examiners, or sheriffs. All personal property other than money or securities of a deceased person who at the time of his or her death is a patient at any county institution or whose body is taken in charge by the coroner or medical examiner shall be preserved by the superintendent of the institution, the coroner, or the medical examiner for one year unless the property is claimed sooner by a person having the legal right to the property. Annually on July 1 the superintendent, coroner, or medical examiner shall make a verified written report listing all personal property which has remained in that person's custody for one year without being claimed and giving all facts as to ownership of the property as that person's records contain. The superintendent, coroner, or medical examiner shall file the report with the sheriff of the county and deliver the property to the sheriff, who shall issue a receipt for the property. Thereupon the superintendent, coroner, or medical examiner shall be discharged from further liability for the property, title to which shall then vest in the county. Any property which is left at the county jail for a period of one year after the prisoner has been discharged, transferred, or committed and any property, found or stolen, which comes into the hands of the sheriff and in any case remains unclaimed for a period of one year, shall be sold as prescribed in this subsection. The sheriff shall, on or before August 1 annually, post a notice in 3 public places in the county, briefly describing the property and stating that the sheriff will sell the property at public auction on a certain date and at a specified physical location or Internet site, which auction shall be held accordingly. Any of the property which is not disposed of at the auction shall be sold for the best price obtainable, and if the property cannot be disposed of by sale, shall be destroyed in the presence of the sheriff. The sheriff shall, on or before September 1 annually, remit the proceeds of the auction or general sale to the treasurer and shall file a verified report of the sheriff's action in connection therewith. The proceeds shall become a part of the general fund of the county.

1995 a. 201 ss. 400 , 458 to 462 ; 1995 a. 225 ss. 171 , 172 ; 1997 a. 35 ; 1999 a. 93 ; 2009 a. 253 ; 2015 a. 246 .

Note

2015 Wis. Act 246 removed the word “as" immediately following the first comma without showing it as stricken. The change was intended. Legislation to correct Act 246 is pending, Microsoft Windows NT 6.1.7601 Service Pack 1 2015 Wis. Act 246 replaced “$10" with “$20" without showing “$10" as stricken and “$20" as underscored. The change was intended. Legislation to correct Act 246 is pending, Microsoft Windows NT 6.1.7601 Service Pack 1 A law enforcement agency may not retain unclaimed contraband money for its own use. In the absence of an asset forfeiture proceeding initiated by the state or a judicial determination that the money constitutes contraband, a local law enforcement agency should dispose of the money as unclaimed property under sub. (2). OAG 9-09 . Microsoft Windows NT 6.1.7601 Service Pack 1