Wisconsin AB 27: Relating to: the Uniform Unsworn Declarations Act.

Bill Text

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2023 - 2024  LEGISLATURE
2023 ASSEMBLY BILL 27
February 10, 2023 - Introduced by Representatives TUSLER, RETTINGER, MURSAU,
BEHNKE  and  CABRERA,  cosponsored  by  Senators  WANGGAARD,  BALLWEG  and
WIMBERGER. Referred to Committee on State Affairs.
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.
Analysis 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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1.  887.015 (title) of the statutes is amended to read:
887.015 (title)  Uniform unsworn foreign
 declarations act.
SECTION 2.  887.015 (1) of the statutes is amended to read:
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SECTION 2
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887.015 (1)  SHORT TITLE.  This section may be cited as the Uniform Unsworn
Foreign
 Declarations Act.
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.
SECTION 4.  887.015 (2) (e) of the statutes is repealed.
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.
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.
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
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SECTION 7
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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)
(END)
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