194.430); repealed by 1983 c.393 �26] ����� 194.582 [1999 c.718 �5; 2001 c.535 �29; repealed by 2013 c.219 �61] ����� 194.585 [1983 c.393 �11; repealed by 2013 c.219 �61] ����� 194.595 [19

194.430); repealed by 1983 c.393 �26]

����� 194.582 [1999 c.718 �5; 2001 c.535 �29; repealed by 2013 c.219 �61]

����� 194.585 [1983 c.393 �11; repealed by 2013 c.219 �61]

����� 194.595 [1983 c.393 �12; repealed by 2013 c.219 �61]

����� 194.700 [1983 c.393 �15; 1993 c.66 �9; repealed by 2013 c.219 �47 (194.425 enacted in lieu of 194.700)]

UNIFORM UNSWORN FOREIGN DECLARATIONS ACT

����� 194.800 Short title. ORS 194.800 to 194.835 may be cited as the Uniform Unsworn Foreign Declarations Act. [2013 c.218 �1]

����� Note: 194.800 to 194.835 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 194 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 194.805 Definitions. As used in ORS 194.800 to 194.835:

����� (1) �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.

����� (2) �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.

����� (3) �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.

����� (4) �Sign� means, with present intent to authenticate or adopt a record:

����� (a) To execute or adopt a tangible symbol; or

����� (b) To attach to or logically associate with the record an electronic symbol, sound or process.

����� (5) �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.

����� (6) �Sworn declaration� means a declaration in a signed record given under oath. �Sworn declaration� includes a sworn statement, verification, certificate and affidavit.

����� (7) �Unsworn declaration� means a declaration in a signed record that is not given under oath, but is given under penalty of perjury. [2013 c.218 �2]

����� Note: See note under 194.800.

����� 194.810 Applicability. (1) ORS 194.800 to 194.835 apply 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.

����� (2) ORS 194.800 to 194.835 do 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. [2013 c.218 �3]

����� Note: See note under 194.800.

����� 194.815 Validity of unsworn declaration. (1) Except as otherwise provided in subsection (2) of this section, if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of ORS 194.800 to 194.835 has the same effect as a sworn declaration.

����� (2) ORS 194.800 to 194.835 do not apply to:

����� (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 pursuant to the recording laws of this state, including but not limited to ORS 205.130 and ORS chapters 92, 93, 94, 100 and 105; or

����� (e) An oath required by ORS 113.055 (1). [2013 c.218 �4]

����� Note: See note under 194.800.

����� 194.820 Required medium. 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. [2013 c.218 �5]

����� Note: See note under 194.800.

����� 194.825 Form of unsworn declaration. An unsworn declaration under ORS 194.800 to 194.835 must be in substantially the following form:

______________________________________________________________________________

����� I declare under penalty of perjury under the law of Oregon 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)

______________________________________________________________________________ [2013 c.218 �6]

����� Note: See note under 194.800.

����� 194.830 Uniformity of application and construction. In applying and construing ORS 194.800 to 194.835, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. [2013 c.218 �7]

����� Note: See note under 194.800.

����� 194.835 Relation to Electronic Signatures in Global and National Commerce Act. ORS 194.800 to 194.835 modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but do not modify, limit or supersede 15 U.S.C. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b). [2013 c.218 �8]

����� Note: See note under 194.800.

PENALTIES

����� 194.980 Civil penalties; factors; notice; hearing; rules. (1) In addition to any other penalty provided by law, the Secretary of State may impose a civil penalty for each violation of any provision of this chapter or any rule adopted by the secretary under this chapter. The civil penalty shall be in the amount adopted under subsection (2) of this section, plus any costs of service or recording costs.

����� (2)(a) The Secretary of State by rule shall establish the amount of civil penalty that may be imposed for a particular violation. A civil penalty may not exceed $1,500 per violation.

����� (b) In imposing a penalty authorized by this section, the secretary may consider the following factors:

����� (A) The past history of the individual incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

����� (B) Any prior violations.

����� (C) The gravity and magnitude of the violation.

����� (D) Whether the violation was repeated or continuous.

����� (E) Whether the cause of the violation was an unavoidable accident, negligence or an intentional act.

����� (F) Any relevant rule of the secretary.

����� (G) The notary public�s cooperativeness and efforts to correct the violation.

����� (c) The penalty imposed under this section may be paid upon those terms and conditions as the secretary determines to be proper and consistent with the public benefit. Upon request of the notary public incurring the penalty, the secretary shall consider evidence of the economic and financial condition of the notary public in determining whether a penalty shall be paid.

����� (3) Imposition or payment of a civil penalty under this section is not a bar to any action described in ORS 194.405, to a criminal proceeding or to a proceeding under ORS