May 13, 2003, Introduced by Reps. Minore, Anderson, Tobocman, Zelenko, Gieleghem, Stakoe, Sak, Drolet, Sheltrown, Spade, Elkins and Sheen and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1846 RS 14, entitled
"Of county officers,"
by amending section 107 (MCL 55.107), as amended by 2000 PA 116.
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
9 resident 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
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 the uniform recognition of
7 acknowledgments act, 1969 PA 57, MCL 565.262. A person who is
8 serving a term of imprisonment in a state correctional facility
9 or jail in this or any other state, or in a federal correctional
10 facility, shall not be appointed as, or serve as, a notary
11 public.
12 (3) The individual desiring to be appointed shall submit a
13 written application on a form distributed by the county clerk of
14 each county, stating the age of the applicant. The application
15 shall be indorsed by a member of the legislature or a circuit,
16 district, or probate judge of the county, district, or circuit of
17 which the applicant is a resident, and be presented to the
18 secretary of state, accompanied by a fee of $3.00. The
19 application form shall not be indorsed in blank before completion
20 and signature by the applicant.
21 (4) The secretary of state may revoke a commission issued to
22 a notary public upon presentation to him or her of satisfactory
23 evidence of official misconduct or incapacity. The secretary of
24 state shall revoke the commission issued to a notary public upon
25 presentation to him or her of satisfactory evidence of the
26 notarization of a paper or document before completion by the
27 person whose signature is notarized. If a person holding office
1 as a notary public is sentenced to a term of imprisonment in a
2 state correctional facility or jail in this or any other state,
3 or in a federal correctional facility, that person's commission
4 as a notary public is revoked automatically on the day on which
5 the person begins serving the sentence in the jail or
6 correctional facility.
7 (5) The secretary of state shall deposit fees collected
8 pursuant to this section in the state treasury to the credit of
9 the general fund.
10 (6) A notary public whose name has been changed pursuant to
11 law after the issuance of a commission shall continue to use the
12 name set forth in the commission for all purposes authorized
13 under the commission until the expiration of the commission.