Chief Sponsor: Lyle W. Hillyard

House Sponsor: V. Lowry Snow


8     General Description:
9          This bill addresses unsworn declarations.
10     Highlighted Provisions:
11          This bill:
12          ▸     enacts the Uniform Unsworn Declarations Act, including:
13               •     defining terms;
14               •     providing the applicability of the act;
15               •     addressing the validity of unsworn declarations;
16               •     addressing required medium;
17               •     outlining the form of an unsworn declaration;
18               •     providing for uniformity; and
19               •     addressing relation to the Electronic Signatures in Global and National
20     Commerce Act;
21          ▸     repeals provisions related to unsworn declaration in lieu of affidavit and the Utah
22     Uniform Unsworn Foreign Declarations Act; and
23          ▸     makes technical and conforming amendments.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None

28     Utah Code Sections Affected:
29     AMENDS:
30          57-17-3, as last amended by Laws of Utah 2016, Chapter 384
31          73-4-5, as last amended by Laws of Utah 2016, Chapter 72
32          76-8-501, as last amended by Laws of Utah 2014, Chapter 167
33          78B-8-302, as last amended by Laws of Utah 2015, Chapter 210
34     ENACTS:
35          78B-18a-101, Utah Code Annotated 1953
36          78B-18a-102, Utah Code Annotated 1953
37          78B-18a-103, Utah Code Annotated 1953
38          78B-18a-104, Utah Code Annotated 1953
39          78B-18a-105, Utah Code Annotated 1953
40          78B-18a-106, Utah Code Annotated 1953
41          78B-18a-107, Utah Code Annotated 1953
42          78B-18a-108, Utah Code Annotated 1953
43     REPEALS:
44          78B-5-705, as renumbered and amended by Laws of Utah 2008, Chapter 119
45          78B-18-101, as enacted by Laws of Utah 2009, Chapter 100
46          78B-18-102, as enacted by Laws of Utah 2009, Chapter 100
47          78B-18-103, as enacted by Laws of Utah 2009, Chapter 100
48          78B-18-104, as enacted by Laws of Utah 2009, Chapter 100
49          78B-18-105, as enacted by Laws of Utah 2009, Chapter 100
50          78B-18-106, as enacted by Laws of Utah 2009, Chapter 100
51          78B-18-107, as enacted by Laws of Utah 2009, Chapter 100
52          78B-18-108, as enacted by Laws of Utah 2009, Chapter 100

54     Be it enacted by the Legislature of the state of Utah:
55          Section 1. Section 57-17-3 is amended to read:
56          57-17-3. Deductions from deposit -- Written itemization -- Time for return.
57          (1) Upon termination of a tenancy, the owner or the owner's agent may apply property
58     or money held as a deposit toward the payment of rent, damages to the premises beyond

59     reasonable wear and tear, other costs and fees provided for in the contract, or cleaning of the
60     unit.
61          (2) No later than 30 days after the day on which a renter vacates and returns possession
62     of a rental property to the owner or the owner's agent, the owner or the owner's agent shall
63     deliver to the renter at the renter's last known address:
64          (a) the balance of any deposit;
65          (b) the balance of any prepaid rent; and
66          (c) if the owner or the owner's agent made any deductions from the deposit or prepaid
67     rent, a written notice that itemizes and explains the reason for each deduction.
68          (3) If an owner or the owner's agent fails to comply with the requirements described in
69     Subsection (2), the renter may serve the owner or the owner's agent, in accordance with
70     Subsection (4), a notice that:
71          (a) states:
72          (i) the names of the parties to the rental agreement;
73          (ii) the day on which the renter vacated the rental property;
74          (iii) that the owner or the owner's agent has failed to comply with the requirements
75     described in Subsection (2); and
76          (iv) the address where the owner or the owner's agent may send the items described in
77     Subsection (2); and
78          (b) is substantially in the following form:

80          TO: (insert owner or owner's agent's name)
81          RE: (insert address of rental property)
83     pursuant to Utah Code Sections 57-17-3 et seq., the owner or the owner's agent must provide
84     the tenant, at the address below, a refund of the balance of any security deposit, the balance of
85     any prepaid rent, and a notice of any deductions from the security deposit or prepaid rent as
86     allowed by law.
87          NOTICE IS FURTHER GIVEN that the tenant vacated the property on the _____ day
88     of ___________, 20___.
89          NOTICE IS FURTHER GIVEN that failure to comply with this notice will require the

90     owner to refund the entire security deposit, the full amount of any prepaid rent, and a penalty of
91     $100. If the entire security deposit, the full amount of any prepaid rent, and the penalty of $100
92     is not tendered to the tenant, and the tenant is required to initiate litigation to enforce the
93     provisions of the statute, the owner may be liable for the tenant's court costs and attorney fees.
94     Tenant's Name(s):_____________________________________
95     Mailing Address_____________________ City____________ State_____ Zip_______
96     This is a legal document. Please read and comply with the document's terms.
97     Dated this ______ day of _____________, 20____.
Return of Service

99          On this _____ day of ____________, 20____, I swear and attest that I served this notice
100     in compliance with Utah Code Section 57-17-3 by:
101          ____ Delivering a copy to the owner or the owner's agent personally at the address
102     provided in the lease agreement;
103          ____ Leaving a copy with a person of suitable age and discretion at the address
104     provided in the lease agreement because the owner or the owner's agent was absent from the
105     address provided in the lease agreement;
106          ____ Affixing a copy in a conspicuous place at the address provided in the lease
107     agreement because a person of suitable age or discretion could not be found at the address
108     provided in the lease agreement; or
109          ____ Sending a copy through registered or certified mail to the owner or the owner's
110     agent at the address provided in the lease agreement.
111     The owner's address to which the service was effected is:
112     Address________________________ City______________ State_____ Zip_______
113     _________________ (server's signature)
Self-Authentication Declaration

115     Pursuant to Utah Code [Section 78B-5-705] Title 78B, Chapter 18a, Uniform Unsworn
116     Declarations Act, I declare under criminal penalty of the State of Utah that the foregoing is true
117     and correct.
118     Executed this _____ day of _____________, 20____.
119     ___________________ (server's signature)
120          (4) A notice described in Subsection (3) shall be served:

121          (a) (i) by delivering a copy to the owner or the owner's agent personally at the address
122     provided in the lease agreement;
123          (ii) if the owner or the owner's agent is absent from the address provided in the lease
124     agreement, by leaving a copy with a person of suitable age and discretion at the address
125     provided in the lease agreement; or
126          (iii) if a person of suitable age or discretion cannot be found at the address provided in
127     the lease agreement, by affixing a copy in a conspicuous place at the address provided in the
128     lease agreement; or
129          (b) by sending a copy through registered or certified mail to the owner or the owner's
130     agent at the address provided in the lease agreement.
131          (5) Within five business days after the day on which the notice described in Subsection
132     (3) is served, the owner or the owner's agent shall comply with the requirements described in
133     Subsection (2).
134          Section 2. Section 73-4-5 is amended to read:
135          73-4-5. Requirements for statement of claim in general adjudication of water
136     rights.
137          (1) Except as provided in Subsection (2), each person claiming a right to use water of a
138     river system or water source shall, within 90 days after the day on which notice of the time to
139     file statements of claim as described in Section 73-4-3 is served, file with the state engineer or
140     the district court a written or electronic statement of claim, signed, and verified under oath, by
141     the claimant, or by unsworn declaration as described in [Section 78B-5-705] Title 78B, Chapter
142     18a, Uniform Unsworn Declarations Act, that includes:
143          (a) the name and address of the claimant;
144          (b) the nature and measure of beneficial use on which the claim is based;
145          (c) the maximum flow of water used in cubic feet per second, the maximum volume of
146     water used in acre-feet, or the quantity of water stored in acre-feet, as applicable;
147          (d) the period of time during which the water is used each year;
148          (e) the period of time during which the water is stored each year, if applicable;
149          (f) the name of the stream or other source from which the water is diverted, the point
150     on the stream or source where the water is diverted, and a description of the nature of the
151     diverting works;

152          (g) the water right number associated with the claimed right or, if not of record in the
153     state engineer's office, evidence sufficient to enable the state engineer to evaluate the basis of
154     the claimed right, including the information listed in Subsections 73-5-13(2)(a) and (c);
155          (h) the claimed priority date;
156          (i) the place and manner of current use; and
157          (j) other facts that clearly define the extent, limits, and nature of the claim, or that are
158     required by the written or electronic form provided by the state engineer with the notice of the
159     time to file statements of claim.
160          (2) A person claiming a right to the use of water, as described in Subsection (1):
161          (a) may request an extension of time as described in Section 73-4-10; and
162          (b) shall file the statement described in Subsection (1) on or before the granted
163     extension date, if an extension is granted pursuant to Section 73-4-10.
164          Section 3. Section 76-8-501 is amended to read:
165          76-8-501. Definitions.
166          As used in this part:
167          (1) "False statement" includes a false unsworn declaration, with "unsworn declaration"
168     being defined in Section 78B-18a-102.
169          [(1)] (2) "Material" means capable of affecting the course or outcome of an official
170     proceeding, unless the person who made the statement or provided the information retracts the
171     statement or information before the earlier of:
172          (a) the end of the official proceeding in which the statement was made or the
173     information was provided;
174          (b) when it becomes manifest that the false or misleading nature of the statement or
175     information has been or will be exposed; or
176          (c) when the statement or information substantially affects the proceeding.
177          [(2)] (3) "Official proceeding" means:
178          (a) any proceeding before:
179          (i) a legislative, judicial, administrative, or other governmental body or official
180     authorized by law to take evidence under oath or affirmation;
181          (ii) a notary; or
182          (iii) a person that takes evidence in connection with a proceeding described in

183     Subsection [(2)] (3)(a)(i);
184          (b) any civil or administrative action, trial, examination under oath, administrative
185     proceeding, or other civil or administrative adjudicative process; or
186          (c) an investigation or audit conducted by:
187          (i) the Legislature, or a house, committee, subcommittee, or task force of the
188     Legislature; or
189          (ii) an employee or independent contractor of an entity described in Subsection [(2)]
190     (3)(c)(i), at or under the direction of an entity described in Subsection [(2)] (3)(c)(i).
191          Section 4. Section 78B-8-302 is amended to read:
192          78B-8-302. Process servers.
193          (1) Complaints, summonses, and subpoenas may be served by a person who is:
194          (a) 18 years of age or older at the time of service; and
195          (b) not a party to the action or a party's attorney.
196          (2) Except as provided in Subsection (5), the following may serve all process issued by
197     the courts of this state:
198          (a) a peace officer employed by a political subdivision of the state acting within the
199     scope and jurisdiction of the peace officer's employment;
200          (b) a sheriff or appointed deputy sheriff employed by a county of the state;
201          (c) a constable, or the constable's deputy, serving in compliance with applicable law;
202          (d) an investigator employed by the state and authorized by law to serve civil process;
203     and
204          (e) a private investigator licensed in accordance with Title 53, Chapter 9, Private
205     Investigator Regulation Act.
206          (3) A private investigator licensed in accordance with Title 53, Chapter 9, Private
207     Investigator Regulation Act, may not make an arrest pursuant to a bench warrant.
208          (4) While serving process, a private investigator shall:
209          (a) have on the investigator's person a visible form of credentials and identification
210     identifying:
211          (i) the investigator's name;
212          (ii) that the investigator is a licensed private investigator; and
213          (iii) the name and address of the agency employing the investigator or, if the

214     investigator is self-employed, the address of the investigator's place of business;
215          (b) verbally communicate to the person being served that the investigator is acting as a
216     process server; and
217          (c) print on the first page of each document served:
218          (i) the investigator's name and identification number as a private investigator; and
219          (ii) the address and phone number for the investigator's place of business.
220          (5) Any service under this section when the use of force is authorized on the face of the
221     document, or when a breach of the peace is imminent or likely under the totality of the
222     circumstances, may only be served by:
223          (a) a law enforcement officer, as defined in Section 53-13-103; or
224          (b) a constable, as [defined] listed in Subsection 53-13-105(1)(b)(ii).
225          (6) The following may not serve process issued by a court:
226          (a) a person convicted of a felony violation of an offense listed in Subsection
227     77-41-102(17); or
228          (b) a person who is a respondent in a proceeding described in Title 78B, Chapter 7,
229     Protective Orders, in which a court has granted the petitioner a protective order.
230          (7) A person serving process shall:
231          (a) legibly document the date and time of service on the front page of the document
232     being served;
233          (b) legibly print the process server's name, address, and telephone number on the return
234     of service;
235          (c) sign the return of service in substantial compliance with [Section 78B-5-705] Title
236     78B, Chapter 18a, Uniform Unsworn Declarations Act;
237          (d) if the process server is a peace officer, sheriff, or deputy sheriff, legibly print the
238     badge number of the process server on the return of service; and
239          (e) if the process server is a private investigator, legibly print the private investigator's
240     identification number on the return of service.
241          Section 5. Section 78B-18a-101 is enacted to read:

Part 1. General Provisions

244          78B-18a-101. Title.

245          This chapter is known as the "Uniform Unsworn Declarations Act."
246          Section 6. Section 78B-18a-102 is enacted to read:
247          78B-18a-102. Definitions.
248          In this chapter:
249          (1) "Law" includes a statute, judicial decision or order, rule of court, executive order,
250     and administrative rule, regulation, or order.

251          (2) "Record" means information that is inscribed on a tangible medium or that is stored
252     in an electronic or other medium and is retrievable in perceivable form.

253          (3) "Sign" means, with present intent to authenticate or adopt a record:
254          (a) to execute or adopt a tangible symbol; or
255          (b) to attach to or logically associate with the record an electronic symbol, sound, or
256     process.

257          (4) (a) "Sworn declaration" means a declaration in a signed record given under oath.
258          (b) "Sworn declaration" includes a sworn statement, verification, certificate, and
259     affidavit.

260          (5) "Unsworn declaration" means a declaration in a signed record not given under oath
261     but given under penalty of Title 76, Chapter 8, Part 5, Falsification in Official Matters.
262          Section 7. Section 78B-18a-103 is enacted to read:
263          78B-18a-103. Applicability.
264          This chapter applies to an unsworn declaration by a declarant who at the time of making
265     the declaration is physically located within or outside the boundaries of the United States,
266     whether or not the location is subject to the jurisdiction of the United States.
267          Section 8. Section 78B-18a-104 is enacted to read:
268          78B-18a-104. Validity of unsworn declaration.
269          (1) Except as otherwise provided in Subsection (2), if a law of this state requires or
270     permits use of a sworn declaration, an unsworn declaration meeting the requirements of this
271     chapter has the same effect as a sworn declaration.
272          (2) This chapter does not apply to:
273          (a) a deposition;
274          (b) an oath of office;
275          (c) an oath required to be given before a specified official other than a notary public;

276          (d) a declaration to be recorded under Title 57, Real Estate; or
277          (e) an oath required by Section 75-2-504.
278          Section 9. Section 78B-18a-105 is enacted to read:
279          78B-18a-105. Required medium.
280          If a law of this state requires that a sworn declaration be presented in a particular
281     medium, an unsworn declaration must be presented in the same medium.
282          Section 10. Section 78B-18a-106 is enacted to read:
283          78B-18a-106. Form of unsworn declaration.
284          An unsworn declaration under this chapter must be in substantially the following form:
285          I declare under criminal penalty under the law of Utah that the foregoing is true and
286     correct.

287          Signed on the ___ day of ______, _____, at ________________________________.
288          Date Month Year City or other location, and state or country
289          ________________________
290          Printed name
291          ________________________
292          Signature
293          Section 11. Section 78B-18a-107 is enacted to read:
294          78B-18a-107. Uniformity of application and construction.
295          In applying and construing this uniform act, consideration must be given to the need to
296     promote uniformity of the law with respect to its subject matter among states that enact it.
297          Section 12. Section 78B-18a-108 is enacted to read:
298          78B-18a-108. Relation to Electronic Signatures in Global and National Commerce
299     Act.
300          This chapter modifies, limits, or supersedes the Electronic Signatures in Global and
301     National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede
302     Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the
303     notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
304          Section 13. Repealer.
305          This bill repeals:
306          Section 78B-5-705, Unsworn declaration in lieu of affidavit.

307          Section 78B-18-101, Title.
308          Section 78B-18-102, Definitions.
309          Section 78B-18-103, Applicability.
310          Section 78B-18-104, Validity of unsworn declaration.
311          Section 78B-18-105, Required medium.
312          Section 78B-18-106, Form of unsworn declaration.
313          Section 78B-18-107, Uniformity of application and construction.
314          Section 78B-18-108, Relation to Electronic Signatures in Global and National
315     Commerce Act.

Legislative Review Note
Office of Legislative Research and General Counsel