ELECTRONIC WITNESS, NOTARY, & RECORDING                                      S.B. 1186-1189:

                                                                                                    SUMMARY OF BILL

                                                                                     REPORTED FROM COMMITTEE










Senate Bill 1186 through 1189 (as discharged)

Sponsor:  Senator Peter MacGregor

Committee:  Government Operations (discharged)




Senate Bill 1186 would amend the Uniform Electronic Transactions Act to specify that, beginning April 30, 2020, and through December 31, 2020, strict compliance with a requirement that the Department of Technology, Management, and Budget (DTMB) determine whether, and the extent to which, each State department will send and accept electronic signatures would be suspended to allow each State department to do so without a determination or approval from the DTMB.


Senate Bill 1187 would amend the Michigan Law on Notarial Acts to allow, beginning April 30, 2020, and through December 31, 2020, a notary public to use a two-way real-time audiovisual technology to perform notarial acts electronically if the requirements prescribed in the bill were met.


Senate Bill 1188 would amend the Uniform Real Property Electronic Recording Act to specify that after April 29, 2020, and before January 1, 2021, a register of deeds would have to accept electronic documents of recording and would have to deem all financial institutions and title insurances companies or their employed or contracted settlement agents as covered by an agreement establishing a verified transactional relationship for the purpose of accepting electronic documents for recording.


Senate Bill 1189 would amend the Estates and Protected Individuals Code to do the following:


 --    Specify that the act of signing or witnessing the execution of a will, a funeral representative designation, a parental appointment of a guardian of a minor, an appointment of a guardian of a legally incapacitated individual, a durable power of attorney, or a patient advocate designation on or after April 30, 2020, and before January 1, 2021, would be satisfied by use of a two-way real-time audiovisual technology if the prescribed requirements were met.

 --    Specify, beginning April 30, 2020, through December 31, 2020, a guardian, guardian ad litem, or visitor could satisfy any requirement concerning a visit with an individual by instead conferring with the individual via two-way real-time audiovisual technology.


MCL 450.848 et al. (S.B. 1186)                                          Legislative Analyst:  Jeff Mann

       55.286 et al. (S.B. 1187)

       565.843 et al. (S.B. 1188)

       700.2502 et al. (S.B. 1189)




Senate Bill 1186 would have a minor positive fiscal impact on State government and no fiscal impact on local units of government. The bill likely would result in minor cost savings to the DTMB. This would continue any administrative savings seen under the previous emergency orders regarding electronic records and signatures.


Senate Bills 1187 and 1188 would have no fiscal impact on State or local government.


Senate Bill 1189 could have a minor, positive fiscal impact on the State and local courts systems. As an alternative means to meet statutory requirements for the witnessing or signing of legal documents or legal appointments, the bill could reduce logistical hurdles or red tape that otherwise could slow legal processes on account of the COVID-19 pandemic. The amount of reduced costs or wait times because of the bill is indeterminate.


Date Completed:  12-3-20                                                   Fiscal Analyst:  Ryan Bergan

                                                                                                            Joe Carrasco

                                                                                                 Elizabeth Raczkowski

                                                                                                       Michael Siracuse




This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.