| 1 | 1 | | LRB-4881/1 |
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| 2 | 2 | | ARG:skw |
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| 3 | 3 | | 2023 - 2024 LEGISLATURE |
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| 4 | 4 | | 2023 ASSEMBLY BILL 659 |
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| 5 | 5 | | November 9, 2023 - Introduced by Representatives SUMMERFIELD, DITTRICH, |
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| 6 | 6 | | O'CONNOR, RETTINGER and WICHGERS, cosponsored by Senators QUINN, |
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| 7 | 7 | | BALLWEG, NASS, ROYS and MARKLEIN. Referred to Committee on Judiciary. |
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| 8 | 8 | | ***AUTHORS SUBJECT TO CHANGE*** |
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| 9 | 9 | | AN ACT to repeal 140.145 (10) (c) of the statutes; relating to: notarial acts |
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| 10 | 10 | | performed for remotely located individuals. |
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| 11 | 11 | | Analysis by the Legislative Reference Bureau |
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| 12 | 12 | | This bill allows a notary public to perform a notarial act for a remotely located |
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| 13 | 13 | | individual involving the creation and execution of a power of attorney. |
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| 14 | 14 | | Under current law, the Department of Financial Institutions issues |
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| 15 | 15 | | commissions to notaries public. If certain conditions are satisfied, a notary public |
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| 16 | 16 | | may perform a notarial act with respect to an individual who is not in the physical |
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| 17 | 17 | | presence of the notary public (remote notarization). However, remote notarization |
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| 18 | 18 | | is not available for certain transactions, including transactions governed by laws |
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| 19 | 19 | | relating to the creation and execution of wills and trusts; marital property |
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| 20 | 20 | | agreements; health care powers of attorney; and other powers of attorney unless the |
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| 21 | 21 | | transaction is between two or more persons relating to the conduct of business, |
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| 22 | 22 | | commercial, or governmental affairs. |
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| 23 | 23 | | The bill removes the exclusion described above for transactions related to |
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| 24 | 24 | | powers of attorney that are not health care powers of attorney, thereby allowing |
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| 25 | 25 | | remote notarization in connection with these transactions. |
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| 26 | 26 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 27 | 27 | | enact as follows: |
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| 29 | 29 | | 2 - 2 -2023 - 2024 Legislature LRB-4881/1 |
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| 30 | 30 | | ARG:skw |
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| 31 | 31 | | SECTION 1 ASSEMBLY BILL 659 |
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| 32 | 32 | | SECTION 1. 140.145 (10) (c) of the statutes is repealed. |
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| 33 | 33 | | (END) |
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| 34 | 34 | | 1 |
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