PA House Bill 25 (UUFDA)

Legislation

State: Pennsylvania
Signed: October 09, 2013

Effective: October 09, 2013
Chapter: Act No. 2013-73

Summary

Pennsylvania enacts the Uniform Unsworn Foreign Declarations Act (UUFDA) as part of House Bill 25.

Affects

Creates new Chapter 62 of Title 42 of the Pennsylvania Consolidated 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 Pennsylvania 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 declaration relating to real property authorized or required to be recorded; or (e) a self-proving declaration or affidavit required by 20 Pa.C.S. Section 3132.1 (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

Pennsylvania enacts the Uniform Unsworn Foreign Declarations Act (UUFDA) published by the Uniform Law Commission (National Conference of Commissioners on Uniform State Laws). 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) provided that the declaration is made outside of the United States and does not apply to 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.

The effective date of the UUFDA is 180 days after publication of the notice required under Section 4 of the Act, which as of the date of publication is unknown.

Read House Bill 25.