Download 09act166.pdf

Contents : 2009 Senate Bill 365 Date of enactment: March 15 2010 Date of publication*: March 29 2010 2009 WISCONSIN ACT 166 AN ACT to amend 946.32 (1) (a) 946.32 (1) (b) and 946.32 (2) and to create 887.015 of the statutes relating to: the Uniform Unsworn Foreign Declarations Act and providing a penalty. The people of the state of Wisconsin represented in senate and assembly do enact as follows: SECTION 1. 887.015 of the statutes is created to read: 887.015 Uniform unsworn foreign declarations act. (1) SHORT TITLE. This section may be cited as the Uniform Unsworn Foreign Declarations Act. (2) DEFINITIONS. In this section: (a) 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. (b) 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 or an administrative rule regulation or order. (c) 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. (d) Sign means with present intent to authenticate or adopt a record either of the following: 1. To execute or adopt a tangible symbol. 2. To attach to or logically associate with the record an electronic symbol sound or process. (e) 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. (f) Sworn declaration means a declaration in a signed record given under oath or affirmation. Sworn declaration includes a sworn or affirmed statement verification certificate or affidavit. (g) Unsworn declaration means a declaration in a signed record that is not given under oath but is given under penalty of false swearing. (3) APPLICABILITY. 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 a federally recognized American Indian tribe. (4) VALIDITY OF UNSWORN DECLARATIONS. (a) Except as provided in par. (b) and notwithstanding s. 906.03 if a law of this state 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. (b) This section does not apply to any of the following: 1. A deposition. 2. An oath of office. * Section 991.11 WISCONSIN STATUTES 2007 08 : Effective date of acts. Every act and every portion of an act enacted by the legislature over the governor s partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated by the secretary of state the date of publication may not be more than 10 working days after the date of enactment . 2009 Wisconsin Act 166 3. An oath required to be given before a specified official other than a notary public. 4. A declaration to be recorded pursuant to s. 706.06 706.07 or 706.25. 5. An oath required under s. 853.04. (5) REQUIRED MEDIUM. If a law of this state requires that a sworn declaration be presented in a particular medium an unsworn declaration must be presented in that medium. (6) FORM OF UNSWORN DECLARATION. An unsworn declaration under this section must be in substantially the following form: I declare under penalty of false swearing under the law of Wisconsin 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. Executed on the .... day of .... ....(year) at ....(city or other location and state) ....(country). ....(printed name) ....(signature) (7) UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this uniform act consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. (8) RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. (a) Except as provided in par. (b) this section modifies limits and supersedes the federal Electronic Signatures in Global and National Commerce Act 15 USC 7001 et seq. 2 2009 Senate Bill 365 (b) This section does not modify limit or supersede 15 USC 7001 (c) or authorize electronic delivery of any of the notices descr

INFO HASH : 29f875d0008b62308fdc95e8574f81a8f3ce72cb

Download now

File Size: ???