SENATE BILL No. 996

 

 

May 15, 2018, Introduced by Senators SCHMIDT, HERTEL, MACGREGOR, MARLEAU, BOOHER and GREGORY and referred to the Committee on Banking and Financial Institutions.

 

 

     A bill to amend 2003 PA 238, entitled

 

"Michigan notary public act,"

 

by amending the title and sections 1, 5, and 11 (MCL 55.261,

 

55.265, and 55.271), section 5 as amended by 2006 PA 426 and

 

section 11 as amended by 2006 PA 510, and by adding section 25a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                                TITLE

 

     An act to provide for the qualification, appointment, and

 

regulation of notaries; to provide for the levy, assessment, and

 

collection of certain service charges and fees and to provide for

 

their disposition; to create certain funds; for certain purposes;

 

to provide for liability for certain persons; to provide for the

 

admissibility of certain evidence; to establish the recognition to

 

be given in this state to acknowledgments and other notarial acts

 

performed outside of this state; to prescribe powers and duties of

certain state agencies and local officers; to provide for remedies

 

and penalties; and to repeal acts and parts of acts.

 

     Sec. 1. This act shall be known and may be cited as the

 

"Michigan notary public act".law on notarial acts".

 

     Sec. 5. As used in this act:

 

     (a) "Jurat" means a certification by a notary public that a

 

signer, whose identity is personally known to the notary public or

 

proven on the basis of satisfactory evidence, has made in the

 

presence of the notary public a voluntary signature and taken an

 

oath or affirmation vouching for the truthfulness of the signed

 

record.

 

     (b) "Lineal ancestor" means an individual who is in the direct

 

line of ascent including, but not limited to, a parent or

 

grandparent.

 

     (c) "Lineal descendant" means an individual who is in the

 

direct line of descent including, but not limited to, a child or

 

grandchild.

 

     (d) "Notarial act" means any of the following:

 

     (i) An act that a notary public commissioned in this state is

 

authorized to perform, including, but not limited to, the taking of

 

an acknowledgment, the administration of administering an oath or

 

affirmation, the taking of a verification upon oath or affirmation,

 

and the or witnessing or attesting a signature performed in

 

compliance with this act. and the uniform recognition of

 

acknowledgments act, 1969 PA 57, MCL 565.261 to 565.270.

 

     (ii) An act described in subparagraph (i) that is performed in

 

another jurisdiction and meets the requirements of section 25a.

     (e) "Notify" means to communicate or send a message by a

 

recognized mail, delivery service, or electronic means.

 

     (f) "Official misconduct" means either or both 1 or more of

 

the following:

 

     (i) The exercise of power or the performance of a duty that is

 

unauthorized, unlawful, abusive, negligent, reckless, or injurious.

 

     (ii) The charging of a fee that exceeds the maximum amount

 

authorized by law.

 

     (g) "Person" means every natural person, an individual or a

 

corporation, limited liability company, partnership, trust,

 

association, or other legal entity. and its legal successors.

 

     (h) "Record" means that term as defined in section 2 of the

 

uniform electronic transactions act, 2000 PA 305, MCL 450.831 to

 

450.849.450.832.

 

     (i) "Revocation" means the termination of a notary public's

 

commission to perform notarial acts.

 

     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 felony convictions, misdemeanor

 

convictions, and violations as Has not been convicted of a felony,

 

misdemeanor, or violation described in section 41.

 

     (e) For a person an applicant 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 connection with that business 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) 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

 

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 in that county.

 

     Sec. 25a. (1) All of the following apply with regard to a

 

notarial act that is performed in another state:

 

     (a) A notarial act performed in another state has the same

 

effect under the law of this state as if performed by a notarial

 

officer of this state, if the act performed in that state is

 

performed by any of the following individuals:

 

     (i) A notary public who is authorized to perform notarial acts

 

in the state in which the act is performed.

 

     (ii) A judge, clerk, or deputy clerk of any court of record in

 

the state in which the notarial act is performed.

 

     (iii) Any other individual who is authorized to perform

notarial acts in the state in which the act is performed.

 

     (b) The signature and title of an individual described in

 

subdivision (a)(i) to (iii) who performs a notarial act in another

 

state are prima facie evidence that the signature is genuine and

 

that the individual holds the designated title.

 

     (c) The signature and title of an individual described in

 

subdivision (a)(i) or (ii) who performs a notarial act in another

 

state conclusively establish the authority of the individual to

 

perform the notarial act.

 

     (2)All of the following apply with regard to a notarial act

 

that is performed under the authority and in the jurisdiction of a

 

federally recognized Indian tribe:

 

     (a) A notarial act performed under the authority and in the

 

jurisdiction of a federally recognized Indian tribe has the same

 

effect as if performed by a notarial officer of this state, if the

 

act performed in the jurisdiction of the tribe is performed by any

 

of the following individuals:

 

     (i) A notary public of the tribe.

 

     (ii) A judge, clerk, or deputy clerk of a court of the tribe.

 

     (iii) Any other individual who is authorized under the law of

 

the tribe to perform notarial acts.

 

     (b) The signature and title of an individual described in

 

subdivision (a)(i) to (iii) who performs a notarial act under the

 

authority of and in the jurisdiction of a federally recognized

 

Indian tribe are prima facie evidence that the signature is genuine

 

and that the individual holds the designated title.

 

     (c) The signature and title of an individual described in

subdivision (a)(i) or (ii) who performs a notarial act under the

 

authority of and in the jurisdiction of a federally recognized

 

Indian tribe conclusively establish the authority of the individual

 

to perform the notarial act.

 

     (3) All of the following apply with regard to a notarial act

 

that is performed under federal law:

 

     (a) A notarial act performed under federal law has the same

 

effect under the law of this state as if performed by a notary

 

public of this state, if the act performed under federal law is

 

performed by any of the following individuals:

 

     (i) A judge, clerk, or deputy clerk of a federal court.

 

     (ii) An individual who is in military service, or is

 

performing duties under the authority of military service, who is

 

authorized to perform notarial acts under federal law.

 

     (iii) An individual who is designated as a notarizing officer

 

by the United States Department of State to perform notarial acts

 

outside of the United States.

 

     (iv) Any other individual who is authorized by federal law to

 

perform the notarial act.

 

     (b) The signature and title of an individual described in

 

subdivision (a)(i) to (iv) who performs a notarial act under

 

federal authority are prima facie evidence that the signature is

 

genuine and that the individual holds the designated title.

 

     (c) The signature and title of an individual described in

 

subdivision (a)(i) to (iii) who performs a notarial act under

 

federal authority conclusively establish the authority of the

 

individual to perform the notarial act.

     (4) All of the following apply with regard to a notarial act

 

performed by an individual under the authority and in the

 

jurisdiction of a foreign country or a constituent unit of a

 

foreign country:

 

     (a) If a notarial act is performed under authority and in the

 

jurisdiction of a foreign country or constituent unit of the

 

foreign country or is performed under the authority of a

 

multinational or international governmental organization, the act

 

has the same effect under the law of this state as if performed by

 

a notarial officer of this state.

 

     (b) If the title of office and indication of authority to

 

perform notarial acts in a foreign country appears in a digest of

 

foreign law or in a list customarily used as a source for that

 

information, the authority of an officer with that title to perform

 

notarial acts is conclusively established.

 

     (c) The signature and official stamp of an individual who

 

holds an office described in this subsection are prima facie

 

evidence that the signature is genuine and the individual holds the

 

designated title.

 

     (d) An apostille in the form prescribed by the Hague

 

Convention of October 5, 1961, and issued by a foreign country

 

party to the convention, conclusively establishes that the

 

signature is genuine and that the individual holds the indicated

 

office.

 

     (e) A consular authentication that is issued by an individual

 

who is designated as a notarizing officer by the United States

 

Department of State to perform notarial acts outside of the United

States and attached to a record with respect to which the notarial

 

act is performed conclusively establishes that the signature is

 

genuine and that the individual holds the indicated office.

 

     (5) As used in this section, "foreign country" means a

 

government other than the United States, a state, or a federally

 

recognized Indian tribe.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 99th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 664.

 

     (b) Senate Bill No. 997.                                   

 

             

 

     (c) Senate Bill No. 998.                                         

 

         

 

     (d) Senate Bill No. 999.