HOUSE BILL No. 4677
April 23, 1997, Introduced by Rep. Brackenridge and referred to the Committee on Local Government. A bill to amend 1846 RS 14, entitled "Of county officers," by amending sections 107 and 109 (MCL 55.107 and 55.109), section 107 as amended by 1993 PA 96 and section 109 as amended by 1984 PA 301. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 107. (1) The secretary of state may appoint 1 or more 2 individuals notaries public in each county of this state. , who 3 NOTARIES PUBLIC shall hold their offices from the date of their 4 appointment until their birthday occurring not less than 4 years 5 or more than 5 years after the date of their appointment, unless 6 sooner removed by the secretary or state. 7 (2) In order to TO receive an appointment, an individual 8 shall be, at the time of application, 18 years of age, a resident 00280'97 TLG 2 1 of the county of which he or she desires to be appointed notary 2 public, and a citizen of this state. 3 (3) The individual desiring to be appointed shall submit a 4 written application on a form distributed by the county clerk of 5 each county, stating the age of the applicant. The application 6 shall be indorsed by a member of the legislature or a circuit or 7 probate judge of the county, district, or circuit of which the 8 applicant is a resident, and be presented to the secretary of 9 state, accompanied by a fee of $3.00 $5.00. The application 10 form shall not be indorsed in blank before completion and signa- 11 ture by the applicant. 12 (4) The secretary of state may revoke a commission issued to 13 a notary public upon presentation to him or her of satisfactory 14 evidence of official misconduct or incapacity. The secretary of 15 state shall revoke the commission issued to a notary public upon 16 presentation to him or her of satisfactory evidence of the nota- 17 rization of a paper or document before completion by the person 18 whose signature is notarized. The secretary of state shall 19 deposit fees collected pursuant to this section in the state 20 treasury to the credit of the general fund. 21 (5) A notary public whose name has been changed pursuant to 22 law after the issuance of a commission shall continue to use the 23 name set forth in the commission for all purposes authorized 24 under the commission until the expiration of the commission. 25 Sec. 109. (1) Before performing the duties of office and 26 within 90 days after receiving notice of appointment from the 27 county clerk, a person appointed as a notary public shall take 00280'97 3 1 and file with the county clerk the oath prescribed by the 2 constitution. The county clerk shall file the oath thus taken in 3 the clerk's office and, on the last day of December, March, June, 4 and September in each year, shall transmit to the secretary of 5 state a written list containing the names of all persons to whom, 6 during each preceding quarter, the county clerk has delivered 7 commissions, the date of filing their oaths and bonds, and their 8 respective addresses with the clerk's certificate that such per- 9 sons have fully complied with the provisions of law in regard to 10 their qualification for the discharge of the duties of the office 11 of notary public. 12 (2) The county clerk, for all services required by this act, 13 shall be entitled to receive the sum of $1.00 A FEE OF $10.00 14 from each person qualifying. THE COUNTY CLERK SHALL PAY THE FEE 15 INTO THE GENERAL FUND OF THE COUNTY. THE COUNTY BOARD OF COMMIS- 16 SIONERS SHALL ALLOCATE $9.00 OF THE FEE FOR UPGRADING TECHNOLOGY 17 IN THE COUNTY CLERK'S OFFICE. A charter county with a population 18 of more than 2,000,000 may impose by ordinance a fee for the 19 county clerk's services different in amount than the fee pre- 20 scribed by this subsection. A charter county shall not impose a 21 fee which is greater than the cost of the service for which the 22 fee is charged. 23 (3) If the county clerk of any county is appointed to the 24 office of notary public, the oath of office required by the con- 25 stitution shall be filed with the judge of probate of that 26 county. 00280'97 Final page. TLG