SB-1266, As Passed House, December 13, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1266

     A bill to amend 2003 PA 238, entitled

"Michigan notary public act,"

by amending sections 11, 13, 15, and 19 (MCL 55.271, 55.273,

55.275, and 55.279), as amended by 2006 PA 426.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 11. (1) The secretary may appoint as a notary public a

person 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.

     (e) For a person 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 notarial acts as that word is

defined in section 2 of the uniform recognition of acknowledgments

act, 1969 PA 57, MCL 565.262.

     (f)  Has  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 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.

     (2) The secretary shall, on a monthly basis, notify the county

clerk's office of the appointment of any notaries.

     Sec. 13. (1) Within 90 days before filing an application for a

notary public appointment, a person shall file with the county

clerk of his or her residence or expected appointment a proper

surety bond and an oath taken as prescribed by the constitution.

     (2) The bond shall be in the sum of $10,000.00 with good and

sufficient surety by a surety licensed to do business in this

state. The bond shall be conditioned upon indemnifying or

reimbursing a person, financing agency, or governmental agency for

monetary loss caused through the official misconduct of the notary

public in the performance of a notarial act. The surety is required

to indemnify or reimburse only after a judgment based on official

misconduct has been entered in a court of competent jurisdiction

against the notary public. The aggregate liability of the surety

shall not exceed the sum of the bond. The surety on the bond may

cancel the bond 60 days after the surety notifies the notary, the

secretary, and the county clerk of the cancellation. The surety is

not liable for a breach of a condition occurring after the

effective date of the cancellation. The county clerk shall not

accept the personal assets of an applicant as security for a surety

bond under this act.

     (3) Each person who files an oath and, if applicable, a bond

with a county clerk as required in subsection (1) shall pay a

$10.00 filing fee to the county clerk. Upon receipt of the filing

fee, the county clerk shall give  a bond and  an oath certificate

of filing and a bond, if applicable, to the person as prescribed by

the secretary. A charter county with a population of more than

2,000,000 may impose by ordinance a fee for the county clerk's

services different than the amount prescribed by this subsection.

Two dollars of each fee collected under this subsection shall be

deposited into the notary education and training fund established

in section 17 on a schedule determined by the secretary.

     Sec. 15. (1) A person shall apply to the secretary for

appointment as a notary public in a format as prescribed by the

secretary. An application for appointment as a notary public shall

contain the signature of the applicant. In addition to other

information as may be required by the secretary, the application

shall include all of the following:

     (a) The applicant's name, residence address, business address,

date of birth, and residence and business telephone numbers.

     (b) The applicant's driver license or state personal

identification card number.

     (c) A validated copy of the filing of the bond, if applicable,

and oath certificate received from the county clerk.

     (d) If applicable, a statement showing whether the applicant

has previously applied for an appointment as a notary public in

this or any other state, the result of the application, and whether

the applicant has ever been the holder of a notary public

appointment that was revoked, suspended, or canceled in this or any

other state.

     (e) A statement describing the date and circumstances of any

felony or misdemeanor conviction of the applicant during the

preceding 10 years.

     (f) A declaration that the applicant is a citizen of the

United States or, if not a citizen of the United States, proof of

the applicant's legal presence in this country.

     (g) An affirmation by the applicant that the application is

correct, that the applicant has read this act, and that the

applicant will perform his or her notarial acts faithfully.

     (2) Each application shall be accompanied by an application

processing fee of $10.00. One dollar of each fee collected under

this subsection shall be deposited into the notary education and

training fund established in section 17 on a schedule determined by

the secretary.

     (3) Upon receipt of an application that is accompanied by the

prescribed processing fee, the secretary may inquire as to the

qualifications of the applicant and shall determine whether the

applicant meets the qualifications prescribed in this act. To

assist in deciding whether the applicant is qualified, the

secretary may use the law enforcement information network as

provided in the C.J.I.S. policy council act, 1974 PA 163, MCL

28.211 to 28.215, to check the criminal background of the

applicant.

     (4) After approval of the application, the secretary shall

mail directly to the applicant the certificate of appointment as a

notary public. Each certificate of appointment shall identify the

person as a notary public of this state and shall specify the term

and county of the person's commission.

     Sec. 19. (1) The secretary shall not automatically reappoint a

notary public.

     (2) A person desiring 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  made  submitted not more than 60 days before the expiration of

his or her current notary public commission.

     (3) In the case of a licensed attorney 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 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 of Michigan. The applicant shall

otherwise comply with the requirements for appointment as a notary

public as described in section 15.

(4)  (3) The secretary shall automatically cancel the notary

public commission of any person 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 its first presentation.

     Enacting section 1. This amendatory act takes effect April 1,

2007.