HOUSE BILL No. 5809


     March 19, 2002, Introduced by Rep. Mortimer and referred to the Committee on Regulatory Reform.


        A bill to amend 1846 RS 14, entitled

   "Of county officers,"

   by amending section 107 (MCL 55.107), as amended by 2000 PA 116.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 107.  (1) The secretary of state may appoint 1 or more

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        individuals notaries public in each county of this state, who

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        shall hold their offices from the date of their appointment until

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        their birthday occurring not less than 4 years or more than 5

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        years after the date of their appointment, unless sooner removed

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        by the secretary of state.

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             (2) In order to receive an appointment, an individual shall

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        be, at the time of application, at least 18 years of age, a resi-

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        dent of the county of which he or she desires to be appointed

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        notary public, and a citizen of this state.  In the case of a

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        person who does not reside in the state of Michigan, an


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        application for appointment as a notary public shall demonstrate

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        that his or her principal place of business is located in the

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        county in which he or she requests appointment and shall indicate

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        that he or she is engaged in an activity in which he or she is

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        likely to be required to perform notarial acts as that term is

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        defined in section 2 of the uniform recognition of acknowledg-

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        ments act, 1969 PA 57, MCL 565.262.  A person who is serving a

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        term of imprisonment in a state correctional facility or jail in

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        this or any other state, or in a federal correctional facility,

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        shall not be appointed as, or serve as, a notary public.

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             (3) The individual desiring to be appointed shall submit a

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        written application on a form distributed by the county clerk of

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        each county, stating the age of the applicant.  The application

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        shall be indorsed by a member of the legislature or a circuit or

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        probate judge of the county, district, or circuit of which the

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        applicant is a resident, and be presented to the secretary of

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        state, accompanied by a fee of  $3.00  $8.00.  The application

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        form shall not be indorsed in blank before completion and signa-

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        ture by the applicant.

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             (4) The secretary of state may revoke a commission issued to

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        a notary public upon presentation to him or her of satisfactory

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        evidence of official misconduct or incapacity.  The secretary of

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        state shall revoke the commission issued to a notary public upon

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        presentation to him or her of satisfactory evidence of the nota-

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        rization of a paper or document before completion by the person

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        whose signature is notarized.  If a person holding office as a

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        notary public is sentenced to a term of imprisonment in a state



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        correctional facility or jail in this or any other state, or in a

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        federal correctional facility, that person's commission as a

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        notary public is revoked automatically on the day on which the

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        person begins serving the sentence in the jail or correctional

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        facility.

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             (5) The secretary of state shall deposit fees collected pur-

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        suant to this section in the state treasury to the credit of the

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        general fund.

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             (6) A notary public whose name has been changed pursuant to

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        law after the issuance of a commission shall continue to use the

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        name set forth in the commission for all purposes authorized

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        under the commission until the expiration of the commission.
































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