NE Legislative Bill 57

Legislation

State: Nebraska
Signed: March 29, 2017

Effective: August 25, 2017

Summary

Nebraska 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 the Revised Statutes of Nebraska.

Changes

Defines an “unsworn declaration” as a declaration in a signed record that is not given under oath, but is given under penalty of perjury.
Prescribes that if an Nebraska 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 to be recorded pursuant to a filing of a conveyance of or a lien on any interest in real estate, (e) a power of attorney, or (f) an oath required by Section 30-2329 of the RSN (to attest to the execution of a last will).
Permits a sworn declaration to be made in an electronic or tangible (e.g. paper) medium.
Prescribes the form for an unsworn declaration.
Provides that a person is guilty of perjury if he or she makes a false unsworn declaration under the Uniform Unsworn Foreign Declarations Act.

Analysis

Nebraska enacts the Uniform Unsworn Foreign Declarations Act (UUFDA) published by the Uniform Law Commission. 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 declaration to be recorded pursuant to a filing of a conveyance of or a lien on any interest in real estate, or a self-proving affidavit on a will.

Read Legislative Bill 57.