February 3, 2023 - Introduced by Senators Wanggaard, Ballweg and Wimberger, cosponsored by Representatives Tusler, Rettinger, Mursau, Behnke and Cabrera. Referred to Committee on Judiciary and Public Safety.
SB29,,22An 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. SB29,,33Analysis by the Legislative Reference Bureau This bill modifies the Uniform Unsworn Foreign Declarations Act that Wisconsin has adopted to adopt the Uniform Unsworn Declarations Act in its place. Under current law, if a declarant who is outside of the jurisdiction of the United States makes a declaration in a signed record that is not given under oath (unsworn declaration) and that meets the statutory criteria, the unsworn declaration may be used in place of a sworn declaration under certain circumstances. The bill modifies current law by removing the requirement that a declarant be outside of the jurisdiction of the United States to make an unsworn declaration, and in so doing adopts the uniform act known as the Uniform Unsworn Declarations Act.
SB29,,44The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SB29,15Section 1. 887.015 (title) of the statutes is amended to read: SB29,,66887.015 (title) Uniform unsworn foreign declarations act. SB29,27Section 2. 887.015 (1) of the statutes is amended to read: SB29,,88887.015 (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.
SB29,39Section 3. 887.015 (2) (b) of the statutes is amended to read: SB29,,1010887.015 (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. SB29,411Section 4. 887.015 (2) (e) of the statutes is repealed. SB29,512Section 5. 887.015 (2) (f) of the statutes is amended to read: SB29,,1313887.015 (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. SB29,614Section 6. 887.015 (3) of the statutes is amended to read: SB29,,1515887.015 (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. SB29,716Section 7. 887.015 (6) of the statutes is amended to read: SB29,,1717887.015 (6) Form of unsworn declaration. An unsworn declaration under this section must shall be in substantially the following form: SB29,,1818I 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. SB29,,1919Executed Signed on the .... day of ...., .... (year), at .... (city or other location, and state), ....( or country). SB29,,2020.... (printed name) SB29,,2121.... (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?
