HOUSE BILL NO. 5898
July 30, 2024, Introduced by Rep. DeBoyer and referred to the Committee on Local Government
and Municipal Finance.
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:
1 Sec. 11. (1) The secretary may appoint an individual as a
2 notary public an individual who applies to the secretary and meets
3 all of the following qualifications:
4 (a) Is at least not less than 18 years of age.
5 (b) Is a resident of this state or maintains a principal place
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1 of business in this state.
2 (c) Reads and writes in the English language.
3 (d) Has not been convicted of a felony , misdemeanor, or
4 violation described in section 41.as that term is defined in
5 section 41(5) or a specified misdemeanor as defined in section
6 41(2).
7 (e) For an applicant who does not reside in the this state, of
8 Michigan, demonstrates that his or her the applicant's principal
9 place of business is located in the county in which he or she the
10 applicant requests appointment and indicates that he or she the
11 applicant is engaged in an activity in connection with that
12 business in which he or she the applicant is likely to be required
13 to perform a notarial acts.act.
14 (f) If applicable, has filed with the county clerk of his or
15 her the applicant's county of residence or expected appointment a
16 surety bond and an oath under section 13, in a format acceptable to
17 the secretary. The requirement of filing a bond does not apply to
18 an applicant that who demonstrates, in a manner acceptable to the
19 secretary, licensure as an attorney at law in this state.
20 (g) Beginning June 1, 2025, completes a course of instruction
21 from a notary public school licensed under the notary public
22 education licensure act.
23 (h) Beginning June 1, 2025, passes an examination administered
24 under section 5 of the notary public education licensure act.
25 (2) The secretary shall, on a monthly basis, notify the county
26 clerk's office of the appointment of any notaries in that county.
27 Sec. 19. (1) The secretary shall not automatically reappoint
28 an individual as a notary public when the individual's commission
29 as a notary public expires.
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1 (2) A person desiring An individual who is seeking another
2 notary public appointment may apply to the secretary, in a format
3 prescribed by the secretary, for an original appointment as a
4 notary public. The application may be submitted individual shall
5 submit the application not more than 60 days before the expiration
6 of his or her current the individual's notary public commission.
7 (3) In the case of If a licensed attorney is granted an
8 appointment as a notary public under this act, and after the
9 initial application under section 15, the secretary shall send a
10 reappointment application form to the licensed attorney at least
11 not less than 90 days before the expiration of the current licensed
12 attorney's notary appointment. The application for reappointment
13 shall must contain a certification to be completed by the applicant
14 certifying that he or she the applicant is still a member in good
15 standing in the state bar State Bar of Michigan. The applicant
16 shall otherwise comply with the requirements for appointment as a
17 notary public as described in section 15.
18 (4) The secretary shall automatically cancel the notary public
19 commission of any person individual who makes, draws, utters, or
20 delivers any check, draft, or order for the payment of a processing
21 fee under this act that is not honored by the bank, financial
22 institution, or other depository expected to pay the check, draft,
23 or order for payment upon on its first presentation.
24 (5) Beginning June 1, 2025, the secretary shall not reappoint
25 an individual as a notary public under this section unless the
26 individual meets both of the following:
27 (a) Completes a course of instruction from a notary public
28 school licensed under the notary public education licensure act.
29 (b) Passes an examination administered under section 5 of the
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1 notary public education licensure act.
2 Enacting section 1. This amendatory act does not take effect
3 unless Senate Bill No.____ or House Bill No. 5899 (request no.
4 04899'23) of the 102nd Legislature is enacted into law.
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Statutes affected:
House Introduced Bill: 55.271, 55.279