NOTARY PUBLIC: MISDEMEANOR                                                                   H.B. 5269:

                                                                                                      FLOOR SUMMARY

 

 

 

 

 

 

 

 

House Bill 5269 (as reported without amendment)

Sponsor:  Representative Holly Hughes

House Committee:  Local, Intergovernmental, and Regional Affairs

Senate Committee:  Local Government and Elections

 

CONTENT

 

The bill would amend the Michigan Notary Public Act to expand the misdemeanors for which a person's notary public commission must be revoked; and require a notary public who was convicted of any felony or misdemeanor to notify the Secretary of State (SOS) within 10 days.

 

Under the Act, if an individual commissioned as a notary public in Michigan is convicted of a felony, the SOS automatically must revoke the person's notary public commission on the date the conviction is entered.

 

If an individual commissioned as a notary public in Michigan is convicted of two or more misdemeanors involving a violation of the Act within a 12-month period while commissioned, or of three or more misdemeanors within a five-year period regardless of being commissioned, the SOS automatically must revoke the person's notary public commission on the date that the most recent misdemeanor conviction is entered.  The bill would refer to "specified misdemeanors" in this provision, and require the SOS to revoke the person's commission on the date that the SOS determined that the misdemeanor of which the person was convicted was a specified misdemeanor.

 

"Specified misdemeanor" would mean a misdemeanor that the SOS determined involved any of the following:

 

 --    A violation of the Act.

 --    A violation of the public trust.

 --    An act of official misconduct, dishonesty, fraud, or deceit.

 --    An act substantially related to the duties or responsibilities of a notary public.

 

MCL 55.301                                                                 Legislative Analyst:  Julie Cassidy

 

FISCAL IMPACT

 

The bill would have no fiscal impact on State or local government. 

 

                                                                                       Fiscal Analyst:  Joe Carrasco

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.