SD House Bill 1085

Notary Law Update: SD House Bill 1085

State: South Dakota

House Bill 1085 allows an individual to make an unsworn declaration under penalty of perjury instead of a sworn statement made before a Notary for certain statements made in the United States.

Signed:  March 01, 2018

Effective:  May 30, 2018

Chapter: TBD

Creates as yet uncodified sections in the South Dakota Codified Laws

1. Defines an “unsworn declaration” as a declaration in a signed record that is not given under oath but under penalty of perjury.
2. Prescribes that if a South Dakota 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 inside the boundaries of the United States.
3. Disallows the use of unsworn declarations with the following sworn declarations: (a) a deposition under Section 15-6-26; (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 Title 43; (e) a declaration, oath, or verification required under Title 2 or 12 (relating to the legislature and statutes, and elections); or (f) an oath required by Section 29A-2-504 (to attest to a self-proved will).
4. Permits a sworn declaration to be made in an electronic or tangible (e.g. paper) medium.
5. Prescribes the form for an unsworn declaration.

South Dakota becomes the most recent state to allow certain sworn written statements made in the United States to be made under the penalty of perjury and not before a Notary. House Bill 1085 still requires certain sworn written statements to be made before a Notary, including written statements that must be recorded in the land records, affidavits to a last will that make the will "self-proving" and statements pertaining to an election.

Read the bill text.