Amendment ASA1-AB695

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2015 - 2016 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 695

February 2, 2016 - Offered by Representatives Sargent and R. Brooks.

AB695-ASA1,1,5 An Act to renumber 853.32 (2) (a); to amend 54.01 (10), 54.01 (25), 244.02 (12), 244.61 (form), 701.0103 (20), 701.0419 (2), 705.10 (1) (intro.), 766.01 (15), 851.27, 853.32 (2) (title) and 943.70 (1) (h); and to create 54.20 (2) (m), 244.41 (1) (i), 244.445, 701.0816 (28), chapter 711, 853.18 (1) (d) and 853.32 (2) (a) 2. of the statutes; relating to: creating the Wisconsin Digital Property Act.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB695-ASA1,1 Section 1. 54.01 (10) of the statutes is amended to read:

AB695-ASA1,1,11 54.01 (10) "Guardian" means a person appointed by a court under s. 54.10 to manage the income and assets, which may include, by court order, digital property, as defined in s. 711.03 (10), and provide for the essential requirements for health and safety and the personal needs of a minor, an individual found incompetent, or a spendthrift.

AB695-ASA1,2 Section 2. 54.01 (25) of the statutes is amended to read:

AB695-ASA1,2,5 54.01 (25) "Property" means any interest, legal or equitable, in real or personal property, without distinction as to kind, including money, rights of a beneficiary under a contractual arrangement, digital property, as defined in s. 711.03 (10), choses in action, and anything else that may be the subject of ownership.

AB695-ASA1,3 Section 3. 54.20 (2) (m) of the statutes is created to read:

AB695-ASA1,2,7 54.20 (2) (m) Access the ward's digital property in accordance with s. 711.08.

AB695-ASA1,4 Section 4. 244.02 (12) of the statutes is amended to read:

AB695-ASA1,2,11 244.02 (12) "Property" means anything that may be the subject of ownership, including real or personal property, digital property, as defined in s. 711.03 (10), or any interest or right in that property.

AB695-ASA1,5 Section 5. 244.41 (1) (i) of the statutes is created to read:

AB695-ASA1,2,14 244.41 (1) (i) Access the content of an electronic communication, as defined in s. 711.03 (6), sent or received by the principal.

AB695-ASA1,6 Section 6. 244.445 of the statutes is created to read:

AB695-ASA1,2,18 244.445 Digital property. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to digital property authorizes the agent, subject to s. 711.06 (1), to do all of the following:

AB695-ASA1,2,23 (1) Find, access, manage, protect, distribute, dispose of, transfer, transfer ownership rights in, or otherwise control digital devices, and any digital property stored thereon, with digital devices to include desktops, laptops, tablets, peripherals, storage devices, mobile telephones, smartphones, and any similar digital device, either currently in existence or that may exist as technology develops.

AB695-ASA1,3,7 (2) Access, manage, distribute, delete, terminate, transfer, transfer ownership rights in, or otherwise control my digital accounts, other than the content of electronic communications, as defined in s. 711.03 (6), with digital accounts to include my bank or other financial institution accounts, electronic mail accounts, blogs, software licenses, social network accounts, social media accounts, file-sharing and storage accounts, financial management accounts, domain registration accounts, domain name service accounts, Web hosting accounts, tax preparation service accounts, online store accounts, and affiliated programs currently in existence or that may exist as technology develops.

AB695-ASA1,3,13 (3) Access, manage, distribute, delete, transfer, transfer ownership rights in, or otherwise control any digital property the principal may own or otherwise possess rights to, other than the content of electronic communications, as defined in s. 711.03 (6), regardless of the ownership of the digital device on which the digital property is stored or the ownership of the digital account within which the digital property is stored.

AB695-ASA1,7 Section 7. 244.61 (form) of the statutes is amended to read:

AB695-ASA1,3,15 244.61 (form)

AB695-ASA1,3,18 WISCONSIN STATUTORY FORM POWER OF ATTORNEY FOR FINANCES AND PROPERTY

AB695-ASA1,3,19 IMPORTANT INFORMATION

AB695-ASA1,4,2 THIS POWER OF ATTORNEY AUTHORIZES ANOTHER PERSON (YOUR AGENT) TO MAKE DECISIONS CONCERNING YOUR PROPERTY FOR YOU (THE PRINCIPAL). YOUR AGENT WILL BE ABLE TO MAKE DECISIONS AND ACT WITH RESPECT TO YOUR PROPERTY (INCLUDING YOUR MONEY) WHETHER OR NOT YOU ARE ABLE TO ACT FOR YOURSELF. THE MEANING OF AUTHORITY OVER SUBJECTS LISTED ON THIS FORM IS EXPLAINED IN THE UNIFORM POWER OF ATTORNEY FOR FINANCES AND PROPERTY ACT IN CHAPTER 244 OF THE WISCONSIN STATUTES.

AB695-ASA1,4,4 THIS POWER OF ATTORNEY DOES NOT AUTHORIZE THE AGENT TO MAKE HEALTH-CARE DECISIONS FOR YOU.

AB695-ASA1,4,8 YOU SHOULD SELECT SOMEONE YOU TRUST TO SERVE AS YOUR AGENT. UNLESS YOU SPECIFY OTHERWISE, GENERALLY THE AGENT'S AUTHORITY WILL CONTINUE UNTIL YOU DIE OR REVOKE THE POWER OF ATTORNEY OR THE AGENT RESIGNS OR IS UNABLE TO ACT FOR YOU.

AB695-ASA1,4,10 YOUR AGENT IS ENTITLED TO REASONABLE COMPENSATION UNLESS YOU STATE OTHERWISE IN THE SPECIAL INSTRUCTIONS.

AB695-ASA1,4,15 THIS FORM PROVIDES FOR DESIGNATION OF ONE AGENT. IF YOU WISH TO NAME MORE THAN ONE AGENT YOU MAY NAME A COAGENT IN THE SPECIAL INSTRUCTIONS. COAGENTS ARE NOT REQUIRED TO ACT TOGETHER UNLESS YOU INCLUDE THAT REQUIREMENT IN THE SPECIAL INSTRUCTIONS.

AB695-ASA1,4,18 IF YOUR AGENT IS UNABLE OR UNWILLING TO ACT FOR YOU, YOUR POWER OF ATTORNEY WILL END UNLESS YOU HAVE NAMED A SUCCESSOR AGENT. YOU MAY ALSO NAME A 2ND SUCCESSOR AGENT.

AB695-ASA1,4,23 THIS POWER OF ATTORNEY BECOMES EFFECTIVE IMMEDIATELY UNLESS YOU STATE OTHERWISE IN THE SPECIAL INSTRUCTIONS. THIS POWER OF ATTORNEY DOES NOT REVOKE ANY POWER OF ATTORNEY EXECUTED PREVIOUSLY UNLESS YOU SO PROVIDE IN THE SPECIAL INSTRUCTIONS.

AB695-ASA1,5,4 IF YOU REVOKE THIS POWER OF ATTORNEY, YOU SHOULD NOTIFY YOUR AGENT AND ANY OTHER PERSON TO WHOM YOU HAVE GIVEN A COPY. IF YOUR AGENT IS YOUR SPOUSE OR DOMESTIC PARTNER AND YOUR MARRIAGE IS ANNULLED OR YOU ARE DIVORCED OR LEGALLY SEPARATED OR THE DOMESTIC PARTNERSHIP IS TERMINATED AFTER SIGNING THIS DOCUMENT, THE DOCUMENT IS INVALID.

AB695-ASA1,5,7 IF YOU HAVE QUESTIONS ABOUT THE POWER OF ATTORNEY OR THE AUTHORITY YOU ARE GRANTING TO YOUR AGENT, YOU SHOULD SEEK LEGAL ADVICE BEFORE SIGNING THIS FORM.

AB695-ASA1,5,8 DESIGNATION OF AGENT

AB695-ASA1,5,9 I .... (name of principal) name the following person as my agent:

AB695-ASA1,5,10 Name of agent: ....

AB695-ASA1,5,11 Agent's address: ....

AB695-ASA1,5,12 Agent's telephone number: ....

AB695-ASA1,5,13 DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

AB695-ASA1,5,14 If my agent is unable or unwilling to act for me, I name as my successor agent:

AB695-ASA1,5,15 Name of successor agent: ....

AB695-ASA1,5,16 Successor agent's address: ....

AB695-ASA1,5,17 Successor agent's telephone number: ....

AB695-ASA1,5,19 If my successor agent is unable or unwilling to act for me, I name as my 2nd successor agent:

AB695-ASA1,5,20 Name of 2nd successor agent: ....

AB695-ASA1,5,21 Second successor agent's address: ....

AB695-ASA1,5,22 Second successor agent's telephone number: ....

AB695-ASA1,5,23 GRANT OF GENERAL AUTHORITY

AB695-ASA1,6,3 I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney for Finances and Property Act in chapter 244 of the Wisconsin statutes: