3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 05/04/2010 11:40am
A bill for an act
relating to judiciary; enacting the Uniform Unsworn Foreign Declarations Act
proposed for adoption by the National Conference of Commissioners on Uniform
State Laws; providing for penalties; amending Minnesota Statutes 2008, section
609.48, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 358.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) For the purposes of this section, the terms defined in
this subdivision have the meanings given them.
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(b) "Boundaries of the United States" means the geographic boundaries of the
United States, Puerto Rico, the United States Virgin Islands, and any territory or insular
possession subject to the jurisdiction of the United States.
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(c) "Law" includes the federal or a state constitution, a federal or state statute, a
judicial decision or order, a rule of court, an executive order, and an administrative rule,
regulation, or order.
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(d) "Record" means information that is inscribed on a tangible medium or that is
stored in an electronic or other medium and is retrievable in perceivable form.
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(e) "Sign" means, with present intent to authenticate or adopt a record:
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(1) to execute or adopt a tangible symbol; or
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(2) to attach to or logically associate with the record an electronic symbol, sound,
or process.
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(f) "State" means a state of the United States, the District of Columbia, Puerto
Rico, the United States Virgin Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
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(g) "Sworn declaration" means a declaration in a signed record given under oath.
The term includes a sworn statement, verification, certificate, and affidavit.
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(h) "Unsworn declaration" means a declaration in a signed record that is not given
under oath, but is given under penalty of perjury.
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This section applies to an unsworn declaration by a
declarant who at the time of making the declaration is physically located outside the
boundaries of the United States whether or not the location is subject to the jurisdiction
of the United States. This section does not apply to a declaration by a declarant who is
physically located on property that is within the boundaries of the United States and
subject to the jurisdiction of another country or federally recognized Indian tribe.
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(a) Except as otherwise provided in
paragraph (b), if a state law requires or permits use of a sworn declaration, an unsworn
declaration meeting the requirements of this section has the same effect as a sworn
declaration.
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(b) This section does not apply to:
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(1) a deposition;
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(2) an oath of office;
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(3) an oath required to be given before a specified official other than a notary public;
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(4) a document intended for recording in the real estate records in the office of
the county recorder or registrar of titles;
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(5) an oath under section 524.2-504; or
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(6) a power of attorney.
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If a state law requires that a sworn declaration be
presented in a particular medium, an unsworn declaration must be presented in that
medium.
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An unsworn declaration under this section
must be in substantially the following form:
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I declare under penalty of perjury under the law of Minnesota that the foregoing is
true and correct, and that I am physically located outside the geographic boundaries of the
United States, Puerto Rico, the United States Virgin Islands, and any territory or insular
possession subject to the jurisdiction of the United States.
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Executed on the ....... day of ................, ........., at ........................................., ................... new text end |
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(date) new text end |
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(month) (year) new text end |
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(city or other location, and state) new text end |
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(country) new text end |
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.
(printed name)
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.
(signature)
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This section modifies, limits, and supersedes the federal Electronic Signatures in
Global and National Commerce Act, United States Code, title 15, section 7001, et seq.,
but does not modify, limit, or supersede section 101(c) of that act, United States Code,
title 15, section 7001(c), or authorize electronic delivery of any of the notices described in
section 103(b) of that act, United States Code, title 15, section 7003(b).
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This section may be cited as the "Uniform Unsworn Foreign
Declarations Act."
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Minnesota Statutes 2008, section 609.48, subdivision 1, is amended to read:
Whoever makes a false material statement not
believing it to be true in any of the following cases is guilty of perjury and may be
sentenced as provided in subdivision 4:
(1) in or for an action, hearing or proceeding of any kind in which the statement is
required or authorized by law to be made under oath or affirmation; or
(2) in any writing which is required or authorized by law to be under oath or
affirmation; deleted text begin or
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(3) in any writing made according to section 358.110; or
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deleted text begin (3)deleted text end new text begin (4)new text end in any other case in which the penalties for perjury are imposed by law and
no specific sentence is otherwise provided.
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Sections 1 and 2 are effective August 1, 2010.
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