Notary Law Update: SD House Bill 1085
State: South Dakota
Summary: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
Affects:Creates as yet uncodified sections in the South Dakota Codified Laws
Changes:
- Defines an “unsworn declaration” as a declaration in a signed record that is not given under oath but under penalty of perjury.
- 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.
- 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).
- Permits a sworn declaration to be made in an electronic or tangible (e.g. paper) medium.
- Prescribes the form for an unsworn declaration.
Analysis: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.