LRB-4881/1
ARG:skw
2023 - 2024 LEGISLATURE
November 9, 2023 - Introduced by Representatives Summerfield, Dittrich,
O'Connor, Rettinger and Wichgers, cosponsored by Senators Quinn,
Ballweg, Nass, Roys and Marklein. Referred to Committee on Judiciary.
AB659,1,2
1An Act to repeal 140.145 (10) (c) of the statutes;
relating to: notarial acts
2performed for remotely located individuals.
Analysis by the Legislative Reference Bureau
This bill allows a notary public to perform a notarial act for a remotely located
individual involving the creation and execution of a power of attorney.
Under current law, the Department of Financial Institutions issues
commissions to notaries public. If certain conditions are satisfied, a notary public
may perform a notarial act with respect to an individual who is not in the physical
presence of the notary public (remote notarization). However, remote notarization
is not available for certain transactions, including transactions governed by laws
relating to the creation and execution of wills and trusts; marital property
agreements; health care powers of attorney; and other powers of attorney unless the
transaction is between two or more persons relating to the conduct of business,
commercial, or governmental affairs.
The bill removes the exclusion described above for transactions related to
powers of attorney that are not health care powers of attorney, thereby allowing
remote notarization in connection with these transactions.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB659,1
1Section
1. 140.145 (10) (c) of the statutes is repealed.
