November 27, 2018, Introduced by Senator BIEDA and referred to the Committee on Banking and Financial Institutions.
A bill to amend 2003 PA 238, entitled
"Michigan notary public act,"
by amending sections 11 and 13 (MCL 55.271 and 55.273), as amended
by 2006 PA 510.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
11. (1) The secretary may appoint as a notary public a
person
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)
Is free of any Has no felony convictions, misdemeanor
convictions,
and or violations as described in section 41.
(e)
For a person an individual
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 term is defined in section 2 of the uniform
recognition of acknowledgments act, 1969 PA 57, MCL 565.262.
(f) 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 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.
(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 an
individual shall file with
the county clerk of his or her residence or expected appointment a
proper
surety bond and an oath taken as
that meets the requirements
of subsection (2) and shall take and subscribe the oath of office
prescribed by the constitution of this state and file it with that
county clerk.
(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 on 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 at any time from the
date of appointment to the date of expiration of the notary
public's commission. 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 individual who files an oath of office and, if
applicable,
a bond with a county clerk as required in under
subsection (1) shall pay a $10.00 filing fee to the county clerk.
Upon receipt of the filing fee, the county clerk shall give an oath
certificate of filing and a bond, if applicable, to the person as
prescribed
required 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 that is different than the amount
prescribed
by required under 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.