NOTARY PUBLIC - H.B. 4142: FLOOR ANALYSIS

House Bill 4142 (as reported without amendment)

Sponsor: Representative Ilona Varga

House Committee: Regulatory Affairs

Senate Committee: Economic Development, International Trade and Regulatory Affairs

CONTENT

The bill would amend Chapter 14 of the Revised Statutes of 1846 to allow a notary public to sign a document for a physically disabled person. The bill would allow a notary public to sign the name of a person whose physical characteristics limited his or her capacity to sign or make a mark on a document presented for notarization if all of the following circumstances existed:

-- The notary public was directed to do so by that person--whether orally, verbally, or through electronic or mechanical means provided by the person.

-- The person was in the physical presence of the notary public.

-- The notary public inscribed "signature affixed pursuant to Section 55.113(2) of the Michigan Compiled Laws" beneath the signature. (Section 55.113(2) is a section of the Act that the bill would amend.)

Currently, the Act specifies that for his or her services a notary public is to receive such fees as are provided by law. The bill specifies, instead, that a notary public could receive a service fee of not more than $2 per acknowledgment or jurat.

The bill is tie-barred to House Bill 4143.

MCL 55.113 et al. - Legislative Analyst: G. Towne

FISCAL IMPACT

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

Date Completed: 3-20-97 - Fiscal Analyst: R. Ross

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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.