Bill Text: MI HB5898 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Occupations: notaries public; educational requirements for notaries public; provide for. Amends secs. 11 & 19 of 2003 PA 238 (MCL 55.271 & 55.279). TIE BAR WITH: HB 5899'24
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-07-31 - Bill Electronically Reproduced 07/30/2024 [HB5898 Detail]
Download: Michigan-2023-HB5898-Introduced.html
HOUSE BILL NO. 5898
A bill to amend 2003 PA 238, entitled
"Michigan law on notarial acts,"
by amending sections 11 and 19 (MCL 55.271 and 55.279), section 11 as amended by 2018 PA 361 and section 19 as amended by 2006 PA 510.
the people of the state of michigan enact:
Sec. 11. (1) The secretary may appoint an individual as a notary public an individual who applies to the secretary and meets all of the following qualifications:
(a) Is at least not less than 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 that term is 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 this state, of Michigan, demonstrates that his or her the applicant's principal place of business is located in the county in which he or she the applicant requests appointment and indicates that he or she the applicant is engaged in an activity in connection with that business in which he or she the applicant is likely to be required to perform a notarial acts.act.
(f) If applicable, has filed with the county clerk of his or her the applicant's 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 who demonstrates, in a manner acceptable to the secretary, licensure as an attorney at law in this state.
(g) Beginning June 1, 2025, completes a course of instruction from a notary public school licensed under the notary public education licensure act.
(h) Beginning June 1, 2025, passes an examination administered under section 5 of the notary public education licensure act.
(2) The secretary shall, on a monthly basis, notify the county clerk's office of the appointment of any notaries in that county.
Sec. 19. (1) The secretary shall not automatically reappoint an individual as a notary public when the individual's 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 the individual's 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 not less than 90 days before the expiration of the current licensed attorney's notary appointment. The application for reappointment shall must contain a certification to be completed by the applicant certifying that he or she the applicant 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 June 1, 2025, the secretary shall not reappoint an individual as a notary public under this section unless the individual meets both of the following:
(a) Completes a course of instruction from a notary public school licensed under the notary public education licensure act.
(b) Passes an examination administered under section 5 of the notary public education licensure act.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5899 (request no. 04899'23) of the 102nd Legislature is enacted into law.
