ID House Bill 30 | NNA

ID House Bill 30

Notary Law Update: ID House Bill 30

State: Idaho

Summary:

House Bill 30 broadens the definition of “oath” to include declarations made under penalty of perjury. Such unsworn declarations do not need to be made before a Notary or notarial officer and do not apply to the taking of acknowledgments.

Signed:  April 03, 2013

Effective:  July 01, 2013

Chapter: 259

Affects:

Amends Section 18-5402 of the Idaho Code

Changes:
  1. Defines “oath” as used in Idaho Code Section 18-5401 to include a certification or declaration under penalty of perjury permitted by the law of Idaho, whether subscribed within or outside of the state.
  2. Provides the form of an unsworn declaration made under penalty of perjury.
  3. Clarifies that an unsworn declaration does not apply to the notarial act of acknowledgments.
Analysis:
A trend in recent years in many states has been to broaden the term “oath” or “swear” to include not just affirmations that are made in the presence of a Notary or notarial officer, but statements made under penalty of perjury that do not need to be made before a notarial officer. The effect of such laws is to make the notarial act of jurat, verification upon oath or affirmation or affidavit, depending upon how the term is referred to by statute in the law of a state, obsolete. The NNA has typically opposed broad bills such as Idaho House Bill 30, but others counter that these laws make notarization more meaningful by removing the notarization requirement from scores of documents where it is not really needed. In addition proponents point out that HB 30 does not apply the taking of acknowledgments before a Notary or notarial officer, leaving this most important and widely used notarial act intact.
 

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