2003 House Bill 4938 / Public Act 238

Introduced in the House

July 2, 2003

Introduced by Rep. Shelley Goodman Taub (R-40)

To create a new Michigan Notary Public Act to provide for licensing and regulation of notaries public. Among other things, applications to be a notary would no longer require an endorsement by a state legislator or judge, a notary commission would last for six to seven years (rather than for four to five years under current law), the Secretary of State would be authorized to check applicants against the Law Enforcement Information Network (LEIN) system, there would be a $10 application fee, and notaries would be authorized but not required to charge up to $10 for a notary service, rather than $2. The amount of the surety bond which notaries must post would be increased from $10,000 to $25,000, and this would have to be posted before filing a notary application.

Referred to the Committee on Local Government and Urban Policy

Oct. 14, 2003

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

Oct. 21, 2003

Substitute offered

To replace the previous version of the bill with one recommended by the Committee on Local Government and Urban Policy. The substitute revises certain details of the proposed regulations, and how the new fees would be used. These changes do not affect the substance of the bill as previously described.

The substitute passed by voice vote

Amendment offered by Rep. Frank Accavitti (D-42)

To revise certain technical drafting details in the bill related to an annual report it requires on the expenditures from the proposed Notary Education and Training Fund.

The amendment passed by voice vote

Amendment offered by Rep. James Koetje (R-86)

To eliminate a proposed increase in the amount of the surety bond which notaries must post, which under the bill would go from $10,000 to $25,000.

The amendment failed by voice vote

Amendment offered by Rep. Gene DeRossett (R-52)

To require, rather than just allow, the Secretary of State to inquire as to the qualifications of a notary applicant. (The bill would also authorize the Secretary of State to check applicants against the Law Enforcement Information Network (LEIN) system).

The amendment passed by voice vote

Amendment offered by Rep. Gene DeRossett (R-52)

To prohibit a person from becoming a notary public if her or she has ever filed for bankruptcy or been subject to any property foreclosure.

The amendment failed by voice vote

Motion to reconsider by Rep. Gene DeRossett (R-52)

The vote by which the House did not adopt the amendments offered previously by Rep. DeRossett.

The motion passed by voice vote

Amendment offered by Rep. Gene DeRossett (R-52)

To prohibit a person from becoming a notary public if her or she has ever filed for bankruptcy or been subject to any property foreclosure.

The amendment failed 16 to 89 (details)

Passed in the House 80 to 28 (details)

To create a new Michigan Notary Public Act to provide for licensing and regulation of notaries public. Notary applications would go to the Secretary of State rather than a county clerk. Among other changes, applications to be a notary would no longer require an endorsement by a state legislator or judge, a notary commission would last for six to seven years (rather than for four to five years under current law), the Secretary of State would be authorized to check applicants against the Law Enforcement Information Network (LEIN) system, there would be a $10 application fee, and notaries would be authorized but not required to charge up to $10 for a notary service, rather than $2. The amount of the surety bond which notaries must post would be increased from $10,000 to $25,000, and this would have to be posted before filing a notary application. Part of the new fees would be used to create a state Notary Education and Training Fund.

Received in the Senate

Oct. 22, 2003

Referred to the Committee on Local, Urban, and State Affairs

Nov. 4, 2003

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Nov. 5, 2003

Amendment offered

To eliminate a provision requiring the Secretary of State to file an annual report to the legislature regarding the balance of the Notary Education and Training Fund, and to move back the date the bill goes into effect.

The amendment passed by voice vote

Nov. 6, 2003

Passed in the Senate 36 to 1 (details)

To create a new Michigan Notary Public Act to provide for licensing and regulation of notaries public. Notary applications would go to the Secretary of State rather than a county clerk. Among other things, applications to be a notary would no longer require an endorsement by a state legislator or judge, a notary commission would last for six to seven years (rather than for four to five years under current law), the Secretary of State would be authorized to check applicants against the Law Enforcement Information Network (LEIN) system, there would be a $10 application fee and a $10 oath and bond fee filing fee, and notaries would be authorized but not required to charge up to $10 for a notary service, rather than $2. The amount of the surety bond which notaries must post would remain $10,000, but this would have to be posted before filing a notary application. Part of the new fees would be used to create a state Notary Education and Training Fund.

Received in the House

Nov. 6, 2003

Nov. 12, 2003

Passed in the House 99 to 7 (details)

To concur with the Senate-passed version of the bill.

Dec. 3, 2003

Received

Motion to reconsider by Rep. Randy Richardville (R-56)

The vote by which the House concurred in the Senate substitute, so as to move back the date the bill goes into effect.

The motion passed by voice vote

Amendment offered by Rep. Shelley Goodman Taub (R-40)

To move back the date the bill goes into effect.

The amendment passed by voice vote

Passed in the House 101 to 1 (details)

To concur with the Senate-passed version of the bill, after voting to move back the date the bill goes into effect.

Received in the Senate

Dec. 4, 2003

Dec. 9, 2003

Passed in the Senate 36 to 2 (details)

To concur with the House-passed version of the bill.

Signed by Gov. Jennifer Granholm

Dec. 23, 2003