Minnesota Session Laws - 2010, Regular Session

CHAPTER 295--H.F.No. 3318

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:

Section 1.

new text begin [358.115] UNSWORN FOREIGN DECLARATIONS. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms defined in this subdivision have the meanings given them. new text end

new text begin (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. new text end

new text begin (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. new text end

new text begin (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. new text end

new text begin (e) "Sign" means, with present intent to authenticate or adopt a record: new text end

new text begin (1) to execute or adopt a tangible symbol; or new text end

new text begin (2) to attach to or logically associate with the record an electronic symbol, sound, or process. new text end

new text begin (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. new text end

new text begin (g) "Sworn declaration" means a declaration in a signed record given under oath. The term includes a sworn statement, verification, certificate, and affidavit. new text end

new text begin (h) "Unsworn declaration" means a declaration in a signed record that is not given under oath, but is given under penalty of perjury. new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin 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. new text end

new text begin Subd. 3. new text end

new text begin Validity of unsworn declaration. new text end

new text begin (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. new text end

new text begin (b) This section does not apply to: new text end

new text begin (1) a deposition; new text end

new text begin (2) an oath of office; new text end

new text begin (3) an oath required to be given before a specified official other than a notary public; new text end

new text begin (4) a document intended for recording in the real estate records in the office of the county recorder or registrar of titles; new text end

new text begin (5) an oath under section 524.2-504; or new text end

new text begin (6) a power of attorney. new text end

new text begin Subd. 4. new text end

new text begin Required medium. new text end

new text begin If a state law requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium. new text end

new text begin Subd. 5. new text end

new text begin Form of unsworn declaration. new text end

new text begin An unsworn declaration under this section must be in substantially the following form: new text end

new text begin 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. new text end

new text begin Executed on the ....... day of ................, ........., at ........................................., ................... new text end
		new text begin (date) new text end	new text begin (month) (year) new text end	new text begin (city or other location, and state) new text end	new text begin (country) new text end
new text begin . (printed name) new text end
new text begin . (signature) new text end

new text begin Subd. 6. new text end

new text begin Relation to electronic signatures in Global and National Commerce Act. new text end

new text begin 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). new text end

new text begin Subd. 7. new text end

new text begin Citation. new text end

new text begin This section may be cited as the "Uniform Unsworn Foreign Declarations Act." new text end

Sec. 2.

Minnesota Statutes 2008, section 609.48, subdivision 1, is amended to read:

Subdivision 1.

Acts constituting.

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 deleted text end

new text begin (3) in any writing made according to section 358.115; or new text end

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.

Sec. 3.

new text begin EFFECTIVE DATE. new text end

new text begin Sections 1 and 2 are effective August 1, 2010. new text end

Presented to the governor May 6, 2010

Signed by the governor May 10, 2010, 2:09 p.m.