March 16, 2017, Introduced by Rep. Webber and referred to the Committee on Judiciary.
A bill to amend 2003 PA 238, entitled
"Michigan notary public act,"
by amending sections 11, 19, and 25 (MCL 55.271, 55.279, and
55.285), sections 11 and 19 as amended by 2006 PA 510 and section
25 as amended by 2006 PA 426, and by adding section 12.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
11. (1) The secretary may appoint as a notary public a
person
an individual who applies to the secretary and meets all of
the following qualifications:
(a) Is at least 18 years of age.
(b) Is a resident of this state or maintains a principal place
of business in this state.
(c) Reads and writes in the English language.
(d)
Is free of any felony convictions, misdemeanor
convictions,
and violations as described in section 41.Has not been
convicted of a felony as defined in section 41(5) or a specified
misdemeanor as defined in section 41(2).
(e)
For a person an individual
who does not reside in the
state of Michigan, demonstrates that his or her principal place of
business is located in the county in which he or she requests
appointment and indicates that he or she is engaged in an activity
in which he or she is likely to be required to perform a notarial
acts
as that word is defined in section 2 of the uniform
recognition
of acknowledgments act, 1969 PA 57, MCL 565.262.act.
(f) If applicable, has filed with the county clerk of his or
her
county of residence or expected appointment a proper surety
bond
and an oath taken as prescribed by the constitution under
section 13, in a format acceptable to the secretary. The
requirement of filing a bond does not apply to an applicant that
demonstrates, in a manner acceptable to the secretary, licensure as
an attorney at law in this state.
(g) Beginning January 1, 2018, submits proof acceptable to the
secretary that he or she successfully completed an education
program described in section 12 before submitting his or her
application.
(h) Beginning January 1, 2018, passes the examination
described in section 12.
(2) The secretary shall, on a monthly basis, notify the county
clerk's office of the appointment of any notaries.
Sec. 12. (1) Before January 1, 2018, the secretary shall
develop or approve an education program for purposes of sections 11
and 19. All of the following apply to the education program:
(a) The program shall consist of at least 4 hours of
instruction.
(b) The program shall address topics that the secretary
considers relevant to the duties and responsibilities of a notary
public.
(c) The program may be provided by the department or by the
National Notary Association or another person approved by the
secretary.
(2) Before January 1, 2018, for purposes of sections 11 and
19, the secretary shall develop and provide for the administration
of an examination of applicants for appointment or reappointment.
Before he or she is permitted to take the examination, an applicant
for appointment or reappointment must show proof that he or she
successfully completed the education program described in
subsection (1), either before his or her initial appointment or
before his or her first reappointment after January 1, 2018.
Sec. 19. (1) The secretary shall not automatically reappoint a
notary public when his or her current commission as a notary public
expires.
(2)
A person desiring An
individual who is seeking another
notary public appointment may apply to the secretary, in a format
prescribed by the secretary, for an original appointment as a
notary
public. The application may be submitted individual shall
submit the application not more than 60 days before the expiration
of his or her current notary public commission.
(3)
In the case of If a licensed attorney is granted an
appointment
as a notary public under this act, and after the
initial
application under section 15, the
secretary shall send a
reappointment application form to the licensed attorney at least 90
days
before the expiration of the his
or her current notary
appointment. The application for reappointment shall contain a
certification to be completed by the applicant certifying that he
or
she is still a member in good standing in the state bar State
Bar of Michigan. The applicant shall otherwise comply with the
requirements for appointment as a notary public as described in
section 15.
(4) The secretary shall automatically cancel the notary public
commission
of any person individual who makes, draws, utters, or
delivers any check, draft, or order for the payment of a processing
fee under this act that is not honored by the bank, financial
institution, or other depository expected to pay the check, draft,
or
order for payment upon on its first presentation.
(5) Beginning January 1, 2018, the secretary shall not
reappoint a notary public under this section unless he or meets
both of the following:
(a) Submits proof acceptable to the secretary that he or she
successfully completed an education program described in section 12
before submitting his or her application for reappointment. This
subdivision does not apply to an applicant who previously completed
an education program described in section 12 and submitted proof of
completion of the education program in connection with a previous
application for appointment or reappointment.
(b) Passes the examination described in section 12.
Sec. 25. (1) A notary public may perform notarial acts that
include, but are not limited to, the following:
(a) Taking acknowledgments.
(b) Administering oaths and affirmations.
(c) Witnessing or attesting to a signature.
(2) In taking an acknowledgment, the notary public shall
determine, either from personal knowledge or from satisfactory
evidence,
that the person individual
in the presence of the notary
public
and making the acknowledgment is the person individual whose
signature is on the record.
(3) In taking a verification upon oath or affirmation, the
notary public shall determine, either from personal knowledge or
from
satisfactory evidence, that the person individual in the
presence of the notary public and making the verification is the
person
individual whose signature is on the record being verified.
(4) In witnessing or attesting to a signature, the notary
public shall determine, either from personal knowledge or from
satisfactory
evidence, that the signature is that of the person
individual
in the presence of the notary public
and is the person
individual named in the record.
(5) In all matters where the notary public takes a
verification upon oath or affirmation, or witnesses or attests to a
signature,
the notary public shall require that the person
individual sign the record being verified, witnessed, or attested
in the presence of the notary public.
(6)
A notary public has satisfactory evidence that a person an
individual
is the person individual whose signature is on a record
if
that person individual is any of the following:
(a) Personally known to the notary public.
(b) Identified upon the oath or affirmation of a credible
witness personally known by the notary public and who personally
knows
the person.individual.
(c) Identified on the basis of a current license,
identification card, or record issued by a federal or state
government
that contains the person's individual's
photograph and
signature.
(7) The fee charged by a notary public for performing a
notarial act shall not be more than $10.00 for any individual
transaction or notarial act. A notary public shall either
conspicuously
display a sign or expressly advise a person an
individual concerning the fee amount to be charged for a notarial
act before the notary public performs the act. Before the notary
public commences to travel in order to perform a notarial act, the
notary public and client may agree concerning a separate travel fee
to be charged by the notary public for traveling to perform the
notarial act.
(8) A notary public may refuse to perform a notarial act.
(9) The secretary shall prescribe the form that a notary
public shall use for a jurat, the taking of an acknowledgment, the
administering of an oath or affirmation, the taking of a
verification upon an oath or affirmation, the witnessing or
attesting to a signature, or any other act that a notary public is
authorized to perform in this state.
(10) A notary public shall keep, maintain, and protect, under
his or her exclusive control, a chronological paper or electronic
official journal of every notarial act performed by him or her. The
journal shall contain the following entries for each notarial act:
(a) The date and time of the notarial act.
(b) The type of notarial act.
(c) The type, title, or description and date of every record
notarized.
(d) The name, address, signature, and, in the case of real
estate records, the right thumbprint of each individual whose
signature is notarized.
(e) A description of the satisfactory evidence relied upon to
identify each individual whose signature is notarized, including 1
or more of the following:
(i) A statement that the individual is "personally known" to
the notary.
(ii) A notation of the type of identification document, its
issuing agency, its serial or identification number, and its date
of issuance or expiration.
(iii) The name, address, and signature of any credible
witness.
(f) The fee, if any, charged for the notarial act.
(11) (10)
A county clerk may collect a
processing fee of
$10.00 for certifying a notarial act of a notary public.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.