SENATE BILL No. 689

 

 

September 20, 2011, Introduced by Senator SCHUITMAKER and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 2102 (MCL 600.2102) and by adding chapter 21A.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2102. In cases where If by law the affidavit of any a

 

person residing in another state of the United States , or in any

 

foreign country, is required , or may be received in an action or

 

judicial proceedings proceeding in this state, to entitle the same

 

affidavit to be read, it must be authenticated as follows:

 

     (1) It must be certified by the consul general, deputy consul

 

general, or some consul or deputy consul of the United States

 

resident in such foreign country, to have been taken and subscribed

 

before him, specifying the time and place where taken and have the

 

consular seal attached; or

 

     (2) It must be by being certified by some a judge of a court


 

having that has a seal to have as having been taken and subscribed

 

before him the judge, specifying the time and place where the

 

affidavit was taken. ;

 

     (2) (3) The genuineness of the signature of such a judge under

 

subsection (1), the existence of the court, and the fact that such

 

the judge is a member thereof of the court, must be certified by

 

the clerk of the court under the seal thereof; of the court.

 

     (4) If such an affidavit be is taken in any other another

 

state or territory of the United States, or in any territory

 

thereof, it may be taken before a commissioner duly appointed and

 

commissioned by the governor of this state to take affidavits

 

therein in the other state or territory, or before any a notary

 

public or justice of the peace authorized by the laws of such the

 

other state or territory to administer oaths therein in the other

 

state or territory. The signature of such the notary public or

 

justice of the peace, and the fact that at the time of the taking

 

of such affidavit was taken the person before whom the same it was

 

taken was such a notary public or justice of the peace, shall must

 

be certified by the clerk of any court of record in the county

 

where such the affidavit shall be is taken, under the seal of said

 

the court.

 

CHAPTER 21A

 

UNIFORM UNSWORN FOREIGN DECLARATIONS ACT

 

     Sec. 2181. This chapter may be referred to and cited as the

 

"uniform unsworn foreign declarations act".

 

     Sec. 2182. As used in this chapter:

 

     (a) "Boundaries of the United States" means the geographic


 

boundaries of the United States, Puerto Rico, the United States

 

Virgin Islands, and any territory or insular possession subject to

 

the jurisdiction of the United States.

 

     (b) "Law" includes the federal or a state constitution, a

 

federal or state statute, a judicial decision or order, a court

 

rule, an executive order, and an administrative rule, regulation,

 

or order.

 

     (c) "Record" means information that is inscribed on a tangible

 

medium or that is stored in an electronic or other medium and is

 

retrievable in perceivable form.

 

     (d) "Sign" means to do either of the following with present

 

intent to authenticate or adopt a record:

 

     (i) Execute or adopt a tangible symbol.

 

     (ii) Attach to or logically associate with the record an

 

electronic symbol, sound, or process.

 

     (e) "State" means a state of the United States, the District

 

of Columbia, Puerto Rico, the United States Virgin Islands, or any

 

territory or insular possession subject to the jurisdiction of the

 

United States.

 

     (f) "Sworn declaration" means a declaration in a signed record

 

given under oath. Sworn declaration includes a sworn statement,

 

verification, certificate, and affidavit.

 

     (g) "Unsworn declaration" means a declaration in a signed

 

record that is not given under oath, but is given under penalty of

 

perjury.

 

     Sec. 2183. This chapter applies to an unsworn declaration by a

 

declarant who at the time of making the declaration is physically


 

located outside the boundaries of the United States whether or not

 

the location is subject to the jurisdiction of the United States.

 

This chapter 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 or

 

a federally recognized Indian tribe.

 

     Sec. 2184. (1) Except as otherwise provided in subsection (2),

 

if a law of this state requires or permits use of a sworn

 

declaration, an unsworn declaration meeting the requirements of

 

this chapter has the same effect as a sworn declaration.

 

     (2) This chapter does not apply to any of the following:

 

     (a) A deposition.

 

     (b) An oath of office.

 

     (c) An oath required to be given before a specified official

 

other than a notary public.

 

     (d) A declaration to be recorded with a register of deeds.

 

     (e) An oath required by section 2504 of the estates and

 

protected individuals code, 1998 PA 386, MCL 700.2504.

 

     Sec. 2185. If a law of this state requires that a sworn

 

declaration be presented in a particular medium, an unsworn

 

declaration must be presented in that medium.

 

     Sec. 2186. An unsworn declaration under this chapter must be

 

in substantially the following form:

 

     I declare under penalty of perjury under the laws of the state

 

of Michigan that the foregoing is true and correct, and that I am

 

physically located outside the geographic boundaries of the United

 

States, Puerto Rico, the United States Virgin Islands, and any


 

territory or insular possession subject to the jurisdiction of the

 

United States.

 

 

 

     Executed on the _______ day of _______, _______, at

 

                     (date)         (month)   (year)

 

 

 

____________________________________, ____________________________.

 

(city or other location, and state)  (country)

 

 

 

     __________________________

 

     (printed name)

 

 

 

     __________________________

 

     (signature)

 

 

 

     Sec. 2187. In applying and construing this chapter,

 

consideration shall be given to the need to promote uniformity of

 

the law with respect to its subject matter among the states that

 

enact the uniform unsworn foreign declarations act.

 

     Sec. 2188. This act modifies, limits, and supersedes the

 

federal electronic signatures in global and national commerce act,

 

15 USC 7001 to 7031, except that it does not modify, limit, or

 

supersede section 101(c) of the electronic signatures in global and

 

national commerce act, 15 USC 7001(c), or authorize electronic

 

delivery of any of the notices described in section 103(b) of the

 

electronic signatures in global and national commerce act, 15 USC

 

7003(b).


 

     Sec. 2190. This chapter takes effect July 1, 2012.

 

     Enacting section 1. Section 2102 of the revised judicature act

 

of 1961, 1961 PA 236, MCL 600.2102, as amended by this amendatory

 

act, takes effect July 1, 2012.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. 688                                       

 

            of the 96th Legislature is enacted into law.