ATTORNEYS AS NOTARIES PUBLIC S.B. 1266: ENROLLED SUMMARY
Senate Bill 1266 (as enrolled) PUBLIC ACT 510 of 2006
Sponsor: Senator Michael D. Bishop
Senate Committee: Local, Urban and State Affairs
House Committee: Judiciary
Date Completed: 2-6-07
CONTENT
The bill amends the Michigan Notary Public Act to exempt a licensed attorney who applies for appointment as a notary public from a requirement to post a surety bond; and require the Secretary of State to send a reappointment application form to an attorney who is a notary before his or her appointment expires. The bill will take effect on April 1, 2007.
The Act authorizes the Secretary of State (SOS) to appoint as a notary public a person who applies to the Secretary and meets specific criteria. These include a requirement that the applicant has filed a proper surety bond with the county clerk of his or her county of residence or expected appointment. Under the bill, that requirement does not apply to an applicant who demonstrates, in a manner acceptable to the SOS, licensure as an attorney at law in this State.
The Act prohibits the Secretary of State from automatically reappointing a notary public, and permits a person who wants another notary public appointment to apply to the SOS for an original appointment.
Under the bill, in the case of a licensed attorney granted an appointment as a notary public and after the initial application for appointment, the SOS must send a reappointment application form to the attorney at least 90 days before his or her current appointment expires. The application must contain a certification for the applicant to complete, certifying that he or she still is a member in good standing in the State Bar of Michigan. The applicant otherwise must comply with the requirements for appointment as a notary public described in the Act.
MCL 55.271 et al.
Legislative Analyst: Suzanne Lowe
FISCAL IMPACT
The bill will have no fiscal impact on State or local government.
Fiscal Analyst: Joe Carrasco
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. sb1266/0506