HOUSE BILL No. 4809


     June 17, 1999, Introduced by Rep. Kowall and referred to the Committee on Criminal
Law and Corrections.


        A bill to amend 1846 RS 14, entitled

   "Of county officers,"

   by amending section 107 (MCL 55.107), as amended by 1997 PA 60.

               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    shall hold their offices from the date of their appointment until

 4    their birthday occurring not less than 4 years or more than 5

 5    years after the date of their appointment, unless sooner removed

 6    by the secretary of state.

 7         (2) In order to receive an appointment, an individual shall

 8    be, at the time of application, at least 18 years of age, a resi-

 9    dent of the county of which he or she desires to be appointed

10    notary public, and a citizen of this state.  In the case of a

11    person who does not reside in the state of Michigan, an


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 1    application for appointment as a notary public shall demonstrate

 2    that his or her principal place of business is located in the

 3    county in which he or she requests appointment and shall indicate

 4    that he or she is engaged in an activity in which he or she is

 5    likely to be required to perform notarial acts as that term is

 6    defined in section 2 of 1969 PA 57, MCL 565.262.  A PERSON WHO IS

 7    SERVING A TERM OF IMPRISONMENT IN A STATE CORRECTIONAL FACILITY

 8    OR JAIL IN THIS OR ANY OTHER STATE, OR IN A FEDERAL CORRECTIONAL

 9    FACILITY, SHALL NOT BE APPOINTED AS A NOTARY PUBLIC.

10         (3) The individual desiring to be appointed shall submit a

11    written application on a form distributed by the county clerk of

12    each county, stating the age of the applicant.  The application

13    shall be indorsed by a member of the legislature or a circuit or

14    probate judge of the county, district, or circuit of which the

15    applicant is a resident, and be presented to the secretary of

16    state, accompanied by a fee of $3.00.  The application form shall

17    not be indorsed in blank before completion and signature by the

18    applicant.

19         (4) The secretary of state may revoke a commission issued to

20    a notary public upon presentation to him or her of satisfactory

21    evidence of official misconduct or incapacity.  The secretary of

22    state shall revoke the commission issued to a notary public upon

23    presentation to him or her of satisfactory evidence of the nota-

24    rization of a paper or document before completion by the person

25    whose signature is notarized.  IF A PERSON HOLDING OFFICE AS A

26    NOTARY PUBLIC IS SENTENCED TO A TERM OF IMPRISONMENT IN A STATE

27    CORRECTIONAL FACILITY OR JAIL IN THIS OR ANY OTHER STATE, OR IN A



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 1    FEDERAL CORRECTIONAL FACILITY, THAT PERSON'S COMMISSION AS A

 2    NOTARY PUBLIC IS REVOKED AUTOMATICALLY ON THE DAY ON WHICH THE

 3    PERSON BEGINS SERVING THE SENTENCE IN THE JAIL OR CORRECTIONAL

 4    FACILITY.

 5         (5) The secretary of state shall deposit fees collected pur-

 6    suant to this section in the state treasury to the credit of the

 7    general fund.

 8         (6)  (5)  A notary public whose name has been
             changed pursu-

 9    ant to law after the issuance of a commission shall continue to

10    use the name set forth in the commission for all purposes autho-

11    rized under the commission until the expiration of the

12    commission.
































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