Bill Text: MI HB4292 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Occupations; notaries public; eligibility requirements for notary public appointment; revise, and require record keeping. Amends secs. 11, 19 & 25 of 2003 PA 238 (MCL 55.271 et seq.) & adds sec. 12.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2019-03-06 - Bill Electronically Reproduced 03/05/2019 [HB4292 Detail]

Download: Michigan-2019-HB4292-Introduced.html

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HOUSE BILL No. 4292

 

 

March 5, 2019, Introduced by Reps. Webber and Crawford 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), section 11 as amended by 2018 PA 361, section 19 as

 

amended by 2006 PA 510, and section 25 as amended by 2018 PA 330,

 

and by adding section 12.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11. (1) The secretary may appoint as a notary public 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) Has not been convicted of a felony , misdemeanor, or

 

violation described in section 41.as defined in section 41(5) or a

 

specified misdemeanor as defined in section 41(2).

 

     (e) For an applicant 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

 

connection with that business in which he or she is likely to be

 

required to perform a notarial acts.act.

 

     (f) If applicable, has filed with the county clerk of his or

 

her county of residence or expected appointment a surety bond and

 

an oath 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, 2020, 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, 2020, 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 in that county.

 

     Sec. 12. (1) Before January 1, 2020, 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

 

another person approved by the secretary.

 

     (2) Before January 1, 2020, 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, 2020.

 

     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, 2020, 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 individual in the presence of the notary public

 

and making the acknowledgment is the 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 individual in the presence of

 

the notary public and making the verification is the 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 individual

 

in the presence of the notary public and is the 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 individual sign

 

the record being verified, witnessed, or attested in the presence

 

of the notary public.

 

     (6) A notary public has satisfactory evidence that an

 

individual is the individual whose signature is on a record if that

 

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 individual.

 

     (c) Identified on the basis of a current license,

 

identification card, or record issued by a federal or state

 

government that contains the individual's photograph and signature.

 

     (d) With regard to a notarial act performed under section 26b,

 

identified and verified through an identity proofing process or

 

service that is part of a remote electronic notarization platform

 

approved under section 26b(1), and the person presents an identity

 

document described in subdivision (c) that is verified through a

 

credential analysis process or service that is part of a remote

 

electronic notarization platform approved under section 26b(1).

 

     (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 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, and signature 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, 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.