WA House Bill 1345

Legislation

State: Washington
Signed: April 11, 2011

Effective: July 13, 2011
Chapter: 22

Summary

Washington enacts the Uniform Unsworn Foreign Declarations Act (UUFDA) published by the National Conference of Commissioners on Uniform State Laws. Subject to the limitations prescribed in the Act, the UUFDA permits a person living or traveling outside of the U.S. who must sign a sworn statement to make the statement under penalty of perjury without having to appear before a Notary or U.S. consular officer to take an oath or affirmation.

Affects
Adds an as yet uncodified chapter to Title 5 of the Revised Code of Washington.

Changes

Defines an “unsworn declaration” as a declaration in a signed record that is not given under oath, but is given under penalty of false swearing.Prescribes that if a Washington law requires or permits use of a sworn declaration, an unsworn declaration has the same effect as a sworn declaration, provided that at the time of making the declaration the declarant is physically located outside the boundaries of the United States, whether or not the location is subject to the jurisdiction of the United States.
Clarifies that the law 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 (e.g., a foreign embassy located in the U.S. or the United Nations) or a federally recognized American Indian tribe.
Disallows the use of unsworn declarations with the following sworn declarations: (a) a deposition, (b) an oath of office, (c) an oath required to be given before a specified official other than a notary public, (d) declaration to be recorded pursuant to Title 64 or 65 RCW; and (e) an oath required under RCW 11.20.020 (on a self-proved will).
Permits a sworn declaration to be made in an electronic or tangible (e.g., paper) medium.
Prescribes the form for an unsworn declaration.

Analysis

Washington enacts the Uniform Unsworn Foreign Declarations Act (UUFDA). The UUFDA allows any sworn declaration (a signed record made under oath) to be made by an unsworn declaration (a signed record made under penalty of perjury). The Act is limited to declarations made outside the physical boundaries of the U.S., although declarations made in a foreign embassy located in the U.S. or on an Indian reservation within the U.S. are subject to the rules of those jurisdictions. In addition, sworn declarations made abroad related to real property that are destined for a county recorder and self-proving affidavits related to last wills that must be made abroad, are likewise excluded from the UUFDA.

Read House Bill 1345.