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53-601. Unsworn declarations; written declaration sufficient, form; exceptions; relationship to notarial acts. (a) Except as provided by subsection (b), whenever a law of this state or any rules and regulations, order or requirement adopted or issued thereunder requires or permits a matter to be supported, evidenced, established or proved by the sworn written declaration, verification, certificate, statement, oath or affidavit of a person, such matter may be supported, evidenced, established or proved with the same force and effect by the unsworn written declaration, verification, certificate or statement dated and subscribed by the person as true, under penalty of perjury, in substantially the following form:

(1) If executed outside this state: "I declare (or verify, certify or state) under penalty of perjury under the laws of the state of Kansas that the foregoing is true and correct. Executed on (date).

___________________________(Signature)"

(2) If executed in this state: "I declare (or verify, certify or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).

___________________________ (Signature)"

(b) The provisions of subsection (a) do not apply to the following oaths:

(1) An oath of office.

(2) An oath required to be taken before a specified official other than a notary public.

(3) An oath of a testator or witnesses as required for wills, codicils, revocations of wills and codicils and republications of wills and codicils.

(c) A notarial act performed prior to the effective date of this act is not affected by this act. Nothing in this act diminishes or invalidates the recognition accorded to notarial acts by other laws of this state or rules and regulations adopted thereunder.

(d) On or after July 1, 1989, whenever an officer or partner listed in K.S.A. 17-2718(d), K.S.A. 17-7503(e), K.S.A. 17-7504(e), K.S.A. 17-7505(e), K.S.A. 56-1a606(e) or K.S.A. 56-1a607(e), and amendments thereto, is required to execute a report before a notary or swear an oath before an officer authorized to administer oaths, in lieu thereof, such person may execute an unsworn declaration if such declaration is in substantial conformity with subsections (a), (b) and (c) of this section.

(e) On or after July 1, 1990, subsections (a), (b) and (c) of this section shall have general application.

History: L. 1989, ch. 93, § 1; L. 2021, ch. 61, § 38; January 1, 2023.

Revisor's Note:

Subsection (a) wording similar to 28 U.S.C. § 1746.

Attorney General's Opinions:

Petition form and election to exclude county from legislative act. 90-64.

Notaries public; unsworn declarations; written declaration sufficient. 91-21.

Property tax amnesty; sufficiency of affidavit. 94-84.

Administering of oaths for marriage license, alternative therefor. 2000-42.

Uniform electronic transaction act does not authorize the use of unsworn electronic digitally signed complaint or supporting affidavit; court rule exception. 2008-4.

CASE ANNOTATIONS

1. Cited; interpretation of "under oath" for lien statements. Double S, Inc. v. Northwest Kansas Prod. Cred. Ass'n, 17 K.A.2d 740, 744, 843 P.2d 741 (1992).

2. K.S.A. 22-3437 held unconstitutional; third and fourth sentence severed from subsection (c). State v. Laturner, 289 K. 727, 218 P.3d 23 (2009).


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