2023 Wisconsin Act 245

* Section 991.11, Wisconsin Statutes: 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.”

  Date of enactment: March 27, 2024
2023 Senate Bill 29   Date of publication*: March 28, 2024

2023 WISCONSIN ACT 245

An Act to repeal 887.015 (2) (e); and to amend 887.015 (title), 887.015 (1), 887.015 (2) (b), 887.015 (2) (f), 887.015 (3) and 887.015 (6) of the statutes; relating to: the Uniform Unsworn Declarations Act.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

245,1 Section 1. 887.015 (title) of the statutes is amended to read:

887.015 (title) Uniform unsworn foreign declarations act.

245,2 Section 2. 887.015 (1) of the statutes is amended to read:

887.015 (1) Short title. This section may be cited as the Uniform Unsworn Foreign Declarations Act.

****Note: Current Wisconsin law includes a definition for “boundaries of the United States” under s. 887.015 (2) (a), stats. That term is used, but is not defined, in the Uniform Unsworn Declarations Act. Let me know if you would like to delete that definition for consistency with the UUDA.

245,3 Section 3. 887.015 (2) (b) of the statutes is amended to read:

887.015 (2) (b) “Law” includes the federal or a state constitution, a federal or state a statute, a judicial decision or order, a rule of court, an executive order, or an administrative rule, regulation, or order.

245,4 Section 4. 887.015 (2) (e) of the statutes is repealed.

245,5 Section 5. 887.015 (2) (f) of the statutes is amended to read:

887.015 (2) (f) “Sworn declaration” means a declaration in a signed record given under oath or affirmation. Sworn declaration. “Sworn declaration” includes a sworn or affirmed statement, verification, certificate, or affidavit.

245,6 Section 6. 887.015 (3) of the statutes is amended to read:

887.015 (3) Applicability. This section applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located within or 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.

245,7 Section 7. 887.015 (6) of the statutes is amended to read:

887.015 (6) Form of unsworn declaration. An unsworn declaration under this section must shall 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 Signed on the .... day of ...., .... (year), at .... (city or other location, and state), ....( or country).

.... (printed name)

.... (signature)

****Note: As currently drafted, this bill does not include an initial applicability provision. Let me know if you want to add one. For example, should the bill first apply to an unsworn declaration made on or after the effective date?