NV Assembly Bill 88

Legislation

State: Nevada
Signed: March 30, 2011

Effective: October 01, 2011
Chapter: 11

Summary

Nevada enacts the Uniform Unsworn Foreign Declarations Act (UUFDA). 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

Creates as yet uncodified sections in Chapter 53 of the Nevada Revised Statutes.

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 Nevada 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, (d) a document intended for recordation under Chapter 111 of the NRS; or (e) a self-proving declaration or affidavit signed pursuant to NRS 133.050 or 133.055 (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

Nevada enacts the Uniform Unsworn Foreign Declarations Act (UUFDA) published by the Uniform Law Commission (National Conference of Commissioners on Uniform State Laws). The UUFDA essentially 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) provided that the declaration is made outside of the United States and does not affect a deposition, an oath of office, a document that is to be recorded with a county recorder or a self-proving affidavit on a will.

In 2011 there have been a few bills introduced that allow an unsworn declaration to replace essentially any jurat or affidavit. The NNA is opposed to such bills because they eliminate a crucial function of Notaries. However, since with the UUFDA the scope is so narrowly applied (e.g. the person must be outside of the U.S. and unable to access a U.S. consular post to obtain notarial services and the Act exempts certain types of transactions such as oaths of office, affidavits that must be recorded in the land records and self-proving affidavits on last wills), the NNA remains neutral.

Read Assembly Bill 88.