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.