HOUSE BILL No. 4142


     January 29, 1997, Introduced by Rep. Varga and referred to the Committee on Regulatory Affairs.


        A bill to amend 1846 RS 14, entitled

   "Of county officers,"

   by amending sections 113, 114, and 117 (MCL 55.113, 55.114, and

   55.117).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 113.  (1) In  all  the courts of this state, the cer-

 2    tificate of a notary public OF OFFICIAL ACTS PERFORMED IN THE

 3    CAPACITY OF NOTARY PUBLIC, under  his hand and  THE seal of

 4    office,  of official acts done by him as such notary, shall be

 5     received as  IS presumptive evidence of the facts contained in

 6     such  THE certificate,  but such  EXCEPT THAT THE certificate

 7     shall  IS not  be  evidence of notice of  non-acceptance or

 8     non-payment  NONACCEPTANCE OR NONPAYMENT in any case in which a

 9    defendant  shall annex  ATTACHES to his  plea,  OR HER PLEADINGS




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 1    an affidavit denying the fact of having received  such  THAT

 2    notice OF NONACCEPTANCE OR NONPAYMENT.

 3         (2) A NOTARY PUBLIC MAY SIGN THE NAME OF A PERSON WHOSE

 4    PHYSICAL CHARACTERISTICS LIMIT HIS OR HER CAPACITY TO SIGN OR

 5    MAKE A MARK ON A DOCUMENT PRESENTED FOR NOTARIZATION UNDER ALL OF

 6    THE FOLLOWING CIRCUMSTANCES:

 7         (A) THE NOTARY PUBLIC IS ORALLY, VERBALLY, OR THROUGH ELEC-

 8    TRONIC OR MECHANICAL MEANS PROVIDED BY THE PERSON DIRECTED TO DO

 9    SO BY THAT PERSON.

10         (B) THE PERSON IS IN THE PHYSICAL PRESENCE OF THE NOTARY

11    PUBLIC.

12         (C) THE NOTARY PUBLIC INSCRIBES BENEATH THE SIGNATURE:

13    "SIGNATURE AFFIXED PURSUANT TO SECTION 55.113(2) OF THE MICHIGAN

14    COMPILED LAWS.".

15         Sec. 114.  (1)  Whenever  IF the office of any notary public

16     shall become  BECOMES vacant, the records of  such  THAT notary

17    PUBLIC and all the papers relating to his OR HER office  ,  shall

18    be deposited in the office of the clerk of the proper county.  ;

19     and any 

20         (2) A notary PUBLIC who,  on  UPON his OR HER resignation or

21    removal from office,  shall neglect for the space of 3 months 

22    NEGLECTS to deposit WITHIN 3 MONTHS AFTER RESIGNATION OR REMOVAL

23    such records and papers, and  any executor or administrator  A

24    PERSONAL REPRESENTATIVE of  any  A deceased notary public  ,  who

25     shall neglect for the space of  NEGLECTS TO DEPOSIT SUCH RECORDS

26    AND PAPERS WITHIN 3 months after his OR HER appointment  , to

27     deposit with said clerk all such records and papers as shall come



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 1    to his hands, shall forfeit and pay a sum not less than 50

 2     dollars, nor more than 200 dollars  AS THOSE RECORDS AND PAPERS

 3    ARE DISCOVERED OR COME INTO HIS OR HER POSSESSION, IS LIABLE FOR

 4    A CIVIL FINE OF NOT LESS THAN $50.00 OR MORE THAN $200.00.

 5         Sec. 117.  (1)  Notaries  A NOTARY public shall reside in

 6    the county for which  they are  HE OR SHE IS appointed  , but

 7     they  AND may act as  such notaries  A NOTARY PUBLIC in any part

 8    of this state.  ; and they 

 9         (2) A NOTARY PUBLIC shall receive for  their  HIS OR HER

10    services  such fees as are provided by law  IN NOTARIZING AN

11    ACKNOWLEDGMENT OR JURAT NOT MORE THAN $2.00 PER ACKNOWLEDGMENT OR

12    JURAT.

13         Enacting section 1.  This amendatory act does not take

14    effect unless Senate Bill No. _____ or House Bill No. _____

15    (request no. 01793'97 a) of the 89th Legislature is enacted into

16    law.

























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