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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
1An Act to renumber 853.32 (2) (a);
to amend 54.01 (10), 54.01 (25), 244.02 (12),
2244.61 (form), 701.0103 (20), 701.0419 (2), 705.10 (1) (intro.), 766.01 (15),
3851.27, 853.32 (2) (title) and 943.70 (1) (h); and
to create 54.20 (2) (m), 244.41
4(1) (i), 244.445, 701.0816 (28), chapter 711, 853.18 (1) (d) and 853.32 (2) (a) 2.
5of 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
6Section
1. 54.01 (10) of the statutes is amended to read:
AB695-ASA1,1,117
54.01
(10) "Guardian" means a person appointed by a court under s. 54.10 to
8manage the income and assets
, which may include, by court order, digital property,
9as defined in s. 711.03 (10), and provide for the essential requirements for health and
10safety and the personal needs of a minor, an individual found incompetent, or a
11spendthrift.
AB695-ASA1,2
1Section
2. 54.01 (25) of the statutes is amended to read:
AB695-ASA1,2,52
54.01
(25) "Property" means any interest, legal or equitable, in real or personal
3property, without distinction as to kind, including money, rights of a beneficiary
4under a contractual arrangement,
digital property, as defined in s. 711.03 (10), choses
5in action, and anything else that may be the subject of ownership.
AB695-ASA1,3
6Section
3. 54.20 (2) (m) of the statutes is created to read:
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54.20
(2) (m) Access the ward's digital property in accordance with s.
711.08.
AB695-ASA1,4
8Section
4. 244.02 (12) of the statutes is amended to read:
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244.02
(12) "Property" means anything that may be the subject of ownership,
10including real or personal property,
digital property, as defined in s. 711.03 (10), or
11any interest or right in that property.
AB695-ASA1,5
12Section
5. 244.41 (1) (i) of the statutes is created to read:
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244.41
(1) (i) Access the content of an electronic communication, as defined in
14s. 711.03 (6), sent or received by the principal.
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15Section
6. 244.445 of the statutes is created to read:
AB695-ASA1,2,18
16244.445 Digital property. Unless the power of attorney otherwise provides,
17language in a power of attorney granting general authority with respect to digital
18property authorizes the agent, subject to s. 711.06 (1), to do all of the following:
AB695-ASA1,2,23
19(1) Find, access, manage, protect, distribute, dispose of, transfer, transfer
20ownership rights in, or otherwise control digital devices, and any digital property
21stored thereon, with digital devices to include desktops, laptops, tablets, peripherals,
22storage devices, mobile telephones, smartphones, and any similar digital device,
23either currently in existence or that may exist as technology develops.
AB695-ASA1,3,7
24(2) Access, manage, distribute, delete, terminate, transfer, transfer ownership
25rights in, or otherwise control my digital accounts, other than the content of
1electronic communications, as defined in s. 711.03 (6), with digital accounts to
2include my bank or other financial institution accounts, electronic mail accounts,
3blogs, software licenses, social network accounts, social media accounts, file-sharing
4and storage accounts, financial management accounts, domain registration
5accounts, domain name service accounts, Web hosting accounts, tax preparation
6service accounts, online store accounts, and affiliated programs currently in
7existence or that may exist as technology develops.
AB695-ASA1,3,13
8(3) Access, manage, distribute, delete, transfer, transfer ownership rights in,
9or otherwise control any digital property the principal may own or otherwise possess
10rights to, other than the content of electronic communications, as defined in s. 711.03
11(6), regardless of the ownership of the digital device on which the digital property is
12stored or the ownership of the digital account within which the digital property is
13stored.
AB695-ASA1,7
14Section
7. 244.61 (form) of the statutes is amended to read:
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15244.61 (form)
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16WISCONSIN STATUTORY FORM
17
POWER OF ATTORNEY
18
FOR FINANCES AND PROPERTY
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IMPORTANT INFORMATION
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THIS POWER OF ATTORNEY AUTHORIZES ANOTHER PERSON (YOUR
21AGENT) TO MAKE DECISIONS CONCERNING YOUR PROPERTY FOR YOU
22(THE PRINCIPAL). YOUR AGENT WILL BE ABLE TO MAKE DECISIONS AND
23ACT WITH RESPECT TO YOUR PROPERTY (INCLUDING YOUR MONEY)
24WHETHER OR NOT YOU ARE ABLE TO ACT FOR YOURSELF. THE MEANING
25OF AUTHORITY OVER SUBJECTS LISTED ON THIS FORM IS EXPLAINED IN
1THE UNIFORM POWER OF ATTORNEY FOR FINANCES AND PROPERTY ACT
2IN CHAPTER 244 OF THE WISCONSIN STATUTES.
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THIS POWER OF ATTORNEY DOES NOT AUTHORIZE THE AGENT TO
4MAKE HEALTH-CARE DECISIONS FOR YOU.
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YOU SHOULD SELECT SOMEONE YOU TRUST TO SERVE AS YOUR
6AGENT. UNLESS YOU SPECIFY OTHERWISE, GENERALLY THE AGENT'S
7AUTHORITY WILL CONTINUE UNTIL YOU DIE OR REVOKE THE POWER OF
8ATTORNEY OR THE AGENT RESIGNS OR IS UNABLE TO ACT FOR YOU.
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YOUR AGENT IS ENTITLED TO REASONABLE COMPENSATION
10UNLESS YOU STATE OTHERWISE IN THE SPECIAL INSTRUCTIONS.
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THIS FORM PROVIDES FOR DESIGNATION OF ONE AGENT. IF YOU
12WISH TO NAME MORE THAN ONE AGENT YOU MAY NAME A COAGENT IN
13THE SPECIAL INSTRUCTIONS. COAGENTS ARE NOT REQUIRED TO ACT
14TOGETHER UNLESS YOU INCLUDE THAT REQUIREMENT IN THE SPECIAL
15INSTRUCTIONS.
AB695-ASA1,4,1816
IF YOUR AGENT IS UNABLE OR UNWILLING TO ACT FOR YOU, YOUR
17POWER OF ATTORNEY WILL END UNLESS YOU HAVE NAMED A
18SUCCESSOR AGENT. YOU MAY ALSO NAME A 2ND SUCCESSOR AGENT.
AB695-ASA1,4,2319
THIS POWER OF ATTORNEY BECOMES EFFECTIVE IMMEDIATELY
20UNLESS YOU STATE OTHERWISE IN THE SPECIAL INSTRUCTIONS. THIS
21POWER OF ATTORNEY DOES NOT REVOKE ANY POWER OF ATTORNEY
22EXECUTED PREVIOUSLY UNLESS YOU SO PROVIDE IN THE SPECIAL
23INSTRUCTIONS.
AB695-ASA1,5,424
IF YOU REVOKE THIS POWER OF ATTORNEY, YOU SHOULD NOTIFY
25YOUR AGENT AND ANY OTHER PERSON TO WHOM YOU HAVE GIVEN A
1COPY. IF YOUR AGENT IS YOUR SPOUSE OR DOMESTIC PARTNER AND
2YOUR MARRIAGE IS ANNULLED OR YOU ARE DIVORCED OR LEGALLY
3SEPARATED OR THE DOMESTIC PARTNERSHIP IS TERMINATED AFTER
4SIGNING THIS DOCUMENT, THE DOCUMENT IS INVALID.
AB695-ASA1,5,75
IF YOU HAVE QUESTIONS ABOUT THE POWER OF ATTORNEY OR THE
6AUTHORITY YOU ARE GRANTING TO YOUR AGENT, YOU SHOULD SEEK
7LEGAL ADVICE BEFORE SIGNING THIS FORM.
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DESIGNATION OF AGENT
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I .... (name of principal) name the following person as my agent:
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Name of agent: ....
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Agent's address: ....
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Agent's telephone number: ....
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DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
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If my agent is unable or unwilling to act for me, I name as my successor agent:
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Name of successor agent: ....
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Successor agent's address: ....
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Successor agent's telephone number: ....
AB695-ASA1,5,1918
If my successor agent is unable or unwilling to act for me, I name as my 2nd
19successor agent:
AB695-ASA1,5,2020
Name of 2nd successor agent: ....
AB695-ASA1,5,2121
Second successor agent's address: ....
AB695-ASA1,5,2222
Second successor agent's telephone number: ....
AB695-ASA1,5,2323
GRANT OF GENERAL AUTHORITY
AB695-ASA1,6,3
1I grant my agent and any successor agent general authority to act for me with
2respect to the following subjects as defined in the Uniform Power of Attorney for
3Finances and Property Act in chapter 244 of the Wisconsin statutes:
AB695-ASA1,6,44
INITIAL each subject you want to include in the agent's general authority.
AB695-ASA1,6,55
.... Real property
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.... Tangible personal property
AB695-ASA1,6,7
7.... Digital property
AB695-ASA1,6,88
.... Stocks and bonds
AB695-ASA1,6,99
.... Commodities and options
AB695-ASA1,6,1010
.... Banks and other financial institutions
AB695-ASA1,6,1111
.... Operation of entity or business
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.... Insurance and annuities
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.... Estates, trusts, and other beneficial interests