BillCam

SB-0996, As Passed House, November 27, 2018

SB-0996, As Passed Senate, June 6, 2018

SUBSTITUTE FOR

SENATE BILL NO. 996

A bill to amend 2003 PA 238, entitled

"Michigan notary public act,"

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

55.271), 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. 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.

(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.

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.

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.

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.

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.