1 | | - | Date of enactment: March 27, 2024 |
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2 | | - | 2023 Senate Bill 29 Date of publication*: March 28, 2024 |
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3 | | - | 2023 WISCONSIN ACT 245 |
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4 | | - | 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), |
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5 | | - | 887.015 (3) and 887.015 (6) of the statutes; relating to: the Uniform Unsworn Declarations Act. |
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6 | | - | The people of the state of Wisconsin, represented in |
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7 | | - | senate and assembly, do enact as follows: |
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8 | | - | SECTION 1. 887.015 (title) of the statutes is amended |
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9 | | - | to read: |
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10 | | - | 887.015 (title) Uniform unsworn foreign declara- |
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11 | | - | tions act. |
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12 | | - | SECTION 2. 887.015 (1) of the statutes is amended to |
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13 | | - | read: |
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14 | | - | 887.015 (1) SHORT TITLE. This section may be cited |
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15 | | - | as the Uniform Unsworn Foreign Declarations Act. |
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16 | | - | SECTION 3. 887.015 (2) (b) of the statutes is amended |
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17 | | - | to read: |
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18 | | - | 887.015 (2) (b) “Law” includes the federal or a state |
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19 | | - | constitution, a federal or state a statute, a judicial decision |
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20 | | - | or order, a rule of court, an executive order, or an adminis- |
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21 | | - | trative rule, regulation, or order. |
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22 | | - | SECTION 4. 887.015 (2) (e) of the statutes is repealed. |
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23 | | - | SECTION 5. 887.015 (2) (f) of the statutes is amended |
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24 | | - | to read: |
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25 | | - | 887.015 (2) (f) “Sworn declaration” means a declara- |
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26 | | - | tion in a signed record given under oath or affirmation. |
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27 | | - | Sworn declaration. “Sworn declaration” includes a |
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28 | | - | sworn or affirmed statement, verification, certificate, or |
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29 | | - | affidavit. |
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30 | | - | SECTION 6. 887.015 (3) of the statutes is amended to |
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31 | | - | read: |
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32 | | - | 887.015 (3) APPLICABILITY. This section applies to an |
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33 | | - | unsworn declaration by a declarant who at the time of |
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34 | | - | making the declaration is physically located within or |
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35 | | - | outside the boundaries of the United States, whether or |
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36 | | - | not the location is subject to the jurisdiction of the United |
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37 | | - | States. This section does not apply to a declaration by a |
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38 | | - | declarant who is physically located on property that is |
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39 | | - | within the boundaries of the United States and subject to |
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40 | | - | the jurisdiction of another country or a federally recog- |
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41 | | - | nized American Indian tribe. |
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42 | | - | SECTION 7. 887.015 (6) of the statutes is amended to |
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43 | | - | read: |
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44 | | - | 887.015 (6) FORM OF UNSWORN DECLARATION. An |
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45 | | - | unsworn declaration under this section must shall be in |
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46 | | - | substantially the following form: |
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47 | | - | I declare under penalty of false swearing under the |
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48 | | - | law of Wisconsin that the foregoing is true and correct, |
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49 | | - | and that I am physically located outside the geographic |
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50 | | - | boundaries of the United States, Puerto Rico, the United |
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51 | | - | States Virgin Islands, and any territory or insular posses- |
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52 | | - | sion subject to the jurisdiction of the United States. |
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53 | | - | Executed Signed on the .... day of ...., .... (year), at .... |
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54 | | - | (city or other location, and state), ....( or country). |
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| 1 | + | LRB-1379/1 |
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| 2 | + | KRP:amn |
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| 3 | + | 2023 - 2024 LEGISLATURE |
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| 4 | + | 2023 SENATE BILL 29 |
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| 5 | + | February 3, 2023 - Introduced by Senators WANGGAARD, BALLWEG and WIMBERGER, |
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| 6 | + | cosponsored by Representatives TUSLER, RETTINGER, MURSAU, BEHNKE and |
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| 7 | + | CABRERA. Referred to Committee on Judiciary and Public Safety. |
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| 8 | + | AN ACT to repeal 887.015 (2) (e); and to amend 887.015 (title), 887.015 (1), |
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| 9 | + | 887.015 (2) (b), 887.015 (2) (f), 887.015 (3) and 887.015 (6) of the statutes; |
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| 10 | + | relating to: the Uniform Unsworn Declarations Act. |
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| 11 | + | Analysis by the Legislative Reference Bureau |
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| 12 | + | This bill modifies the Uniform Unsworn Foreign Declarations Act that |
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| 13 | + | Wisconsin has adopted to adopt the Uniform Unsworn Declarations Act in its place. |
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| 14 | + | Under current law, if a declarant who is outside of the jurisdiction of the United |
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| 15 | + | States makes a declaration in a signed record that is not given under oath (unsworn |
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| 16 | + | declaration) and that meets the statutory criteria, the unsworn declaration may be |
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| 17 | + | used in place of a sworn declaration under certain circumstances. The bill modifies |
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| 18 | + | current law by removing the requirement that a declarant be outside of the |
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| 19 | + | jurisdiction of the United States to make an unsworn declaration, and in so doing |
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| 20 | + | adopts the uniform act known as the Uniform Unsworn Declarations Act. |
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| 21 | + | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 22 | + | enact as follows: |
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| 23 | + | SECTION 1. 887.015 (title) of the statutes is amended to read: |
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| 24 | + | 887.015 (title) Uniform unsworn foreign declarations act. |
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| 25 | + | SECTION 2. 887.015 (1) of the statutes is amended to read: |
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| 31 | + | 6 - 2 -2023 - 2024 Legislature LRB-1379/1 |
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| 32 | + | KRP:amn |
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| 33 | + | SECTION 2 SENATE BILL 29 |
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| 34 | + | 887.015 (1) SHORT TITLE. This section may be cited as the Uniform Unsworn |
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| 35 | + | Foreign Declarations Act. |
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| 36 | + | SECTION 3. 887.015 (2) (b) of the statutes is amended to read: |
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| 37 | + | 887.015 (2) (b) “Law" includes the federal or a state constitution, a federal or |
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| 38 | + | state a statute, a judicial decision or order, a rule of court, an executive order, or an |
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| 39 | + | administrative rule, regulation, or order. |
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| 40 | + | SECTION 4. 887.015 (2) (e) of the statutes is repealed. |
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| 41 | + | SECTION 5. 887.015 (2) (f) of the statutes is amended to read: |
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| 42 | + | 887.015 (2) (f) “Sworn declaration" means a declaration in a signed record given |
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| 43 | + | under oath or affirmation. Sworn declaration. “Sworn declaration” includes a sworn |
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| 44 | + | or affirmed statement, verification, certificate, or affidavit. |
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| 45 | + | SECTION 6. 887.015 (3) of the statutes is amended to read: |
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| 46 | + | 887.015 (3) APPLICABILITY. This section applies to an unsworn declaration by |
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| 47 | + | a declarant who at the time of making the declaration is physically located within |
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| 48 | + | or outside the boundaries of the United States, whether or not the location is subject |
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| 49 | + | to the jurisdiction of the United States. This section does not apply to a declaration |
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| 50 | + | by a declarant who is physically located on property that is within the boundaries of |
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| 51 | + | the United States and subject to the jurisdiction of another country or a federally |
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| 52 | + | recognized American Indian tribe. |
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| 53 | + | SECTION 7. 887.015 (6) of the statutes is amended to read: |
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| 54 | + | 887.015 (6) FORM OF UNSWORN DECLARATION. An unsworn declaration under this |
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| 55 | + | section must shall be in substantially the following form: |
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| 56 | + | I declare under penalty of false swearing under the law of Wisconsin that the |
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| 57 | + | foregoing is true and correct, and that I am physically located outside the geographic |
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| 81 | + | 24 - 3 -2023 - 2024 Legislature |
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| 82 | + | LRB-1379/1 |
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| 83 | + | KRP:amn |
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| 84 | + | SECTION 7 |
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| 85 | + | SENATE BILL 29 |
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| 86 | + | boundaries of the United States, Puerto Rico, the United States Virgin Islands, and |
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| 87 | + | any territory or insular possession subject to the jurisdiction of the United States. |
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| 88 | + | Executed Signed on the .... day of ...., .... (year), at .... (city or other location, and |
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| 89 | + | state), ....( or country). |
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