HOUSE BILL 147
54th legislature - STATE OF NEW MEXICO - first session, 2019
INTRODUCED BY
Zachary J. Cook
AN ACT
RELATING TO UNSWORN DECLARATIONS; EXTENDING THE LAWS REGARDING UNSWORN DECLARATIONS TO DECLARANTS WITHIN THE UNITED STATES; CONFORMING NEW MEXICO'S UNSWORN DECLARATIONS LAWS TO THE UNIFORM UNSWORN DECLARATIONS ACT AND THE NEW MEXICO CIVIL PROCEDURE RULES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 44-10-1 NMSA 1978 (being Laws 2009, Chapter 78, Section 1) is amended to read:
"44-10-1. SHORT TITLE.--[Sections 1 through 8 of this act] Chapter 44, Article 10 NMSA 1978 may be cited as the "Uniform Unsworn [Foreign] Declarations Act"."
SECTION 2. Section 44-10-2 NMSA 1978 (being Laws 2009, Chapter 78, Section 2) is amended to read:
"44-10-2. DEFINITIONS.--As used in the Uniform Unsworn [Foreign] Declarations Act:
[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.] A. "law" includes the federal or a state constitution, a federal or state statute, a judicial decision or order, a rule of court, an executive order and an administrative rule, regulation or order;
[C.] B. "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.] C. "sign" means, with present intent to authenticate or adopt a record:
(1) to execute or adopt a tangible symbol; or
(2) to attach to or logically associate with the record an electronic symbol, sound or process;
[E.] D. "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.] E. "sworn declaration" means a declaration in a signed record given under oath. The term includes a sworn statement, verification, certificate and affidavit; and
[G.] F. "unsworn declaration" means a declaration in a signed record that is not given under oath, but is given under penalty of perjury."
SECTION 3. Section 44-10-3 NMSA 1978 (being Laws 2009, Chapter 78, Section 3) is amended to read:
"44-10-3. APPLICABILITY.--The Uniform Unsworn [Foreign] Declarations Act applies to:
A. an unsworn declaration by a declarant who at the time of making the declaration is physically located within or outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States [The Uniform Unsworn Foreign Declarations Act 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];
B. an unsworn declaration made on or after July 1, 2019;
C. a judicial proceeding commenced on or after July 1, 2019; or
D. a judicial proceeding commenced before July 1, 2019, unless the court finds that a provision of the Uniform Unsworn Declarations Act would substantially interfere with the effective conduct of the judicial proceeding or would prejudice the rights of a party, in which case, the superseded law shall apply."
SECTION 4. Section 44-10-4 NMSA 1978 (being Laws 2009, Chapter 78, Section 4) is amended to read:
"44-10-4. VALIDITY OF UNSWORN DECLARATION.--
A. Except as otherwise provided in Subsection B of this section, if a law of New Mexico requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of the Uniform Unsworn [Foreign] Declarations Act has the same effect as a sworn declaration.
B. The Uniform Unsworn [Foreign] Declarations Act does not apply to:
(1) a deposition;
(2) an oath of office;
(3) an oath required to be given before a specified official other than a notary public;
(4) a declaration to be recorded in records affecting real property pursuant to Section 14-8-4 or 14-9-1 [or 14-9-7] NMSA 1978; or
(5) an oath required for self-proved wills by Section 45-2-504 NMSA 1978."
SECTION 5. Section 44-10-6 NMSA 1978 (being Laws 2009, Chapter 78, Section 6) is amended to read:
"44-10-6. FORM OF UNSWORN DECLARATION.--An unsworn declaration pursuant to the Uniform Unsworn [Foreign] Declarations Act shall be in substantially the following form:
"I declare under penalty of perjury under the [law] laws of the State of New Mexico 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] Signed on the ________ day of ________, _______. [at]
(date) (month) (year) [_____________________________________________________________,
(city or other location, and state)
___________.
(country)]
________________________
[(printed name)] (signature)
________________________
[(signature)] (printed or typed name)"."
SECTION 6. Section 44-10-7 NMSA 1978 (being Laws 2009, Chapter 78, Section 7) is amended to read:
"44-10-7. UNIFORMITY OF APPLICATION AND CONSTRUCTION.--In applying and construing the Uniform Unsworn [Foreign] Declarations Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it."
SECTION 7. Section 44-10-8 NMSA 1978 (being Laws 2009, Chapter 78, Section 8) is amended to read:
"44-10-8. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.--The Uniform Unsworn [Foreign] Declarations Act modifies, limits [and] or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b)."
SECTION 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.
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