SB-0252, As Passed House, October 5, 2011

SUBSTITUTE FOR

SENATE BILL NO. 252

     A bill to amend 2003 PA 238, entitled

"Michigan notary public act,"

by amending section 49 (MCL 55.309).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 49. (1) Except as otherwise provided for in section 41(4)

or as provided by law, a person who violates this act is guilty of

1 of the following:

     (a) Except as provided in subdivision (b), a misdemeanor

punishable by a fine of not more than $5,000.00 or by imprisonment

for not more than 1 year, or both.

     (b) If the person knowingly violates this act when notarizing

any document relating to an interest in real property or a mortgage

transaction, a felony punishable by a fine of not more than

Senate Bill No. 252 as amended October 4, 2011

$5,000.00 or by imprisonment for not more than 4 years, or both.

     (2) An action concerning a fee charged for a notarial act

shall be filed in the district court in the place where the

notarial act occurred.

     (3) The penalties and remedies under this act are cumulative.

The bringing of an action or prosecution under this act does not

bar an action or prosecution under any other applicable law.

[Enacting section 1. This amendatory act takes effect January 1, 2012.]