2024 House Bill 5898

Occupations: notaries public; educational requirements for notaries public; provide for.

A bill to amend 2003 PA 238, entitled “Michigan law on notarial acts,” by amending sections 11 and 19 (MCL 55.271 and 55.279), section 11 as amended by 2018 PA 361 and section 19 as amended by 2006 PA 510.

AI Analysis – Experimental

HB 5898 would amend sections 11 and 19 of the Michigan law on notarial acts, specifically MCL 55.271 and 55.279. The primary provisions include updated qualifications for individuals applying to become notaries public. These qualifications now require applicants to be at least 18 years old, be residents of Michigan or have a principal place of business in the state, read and write in English, and have no felony or specified misdemeanor convictions. Additionally, non-resident applicants must demonstrate that their principal place of business is in the county where they seek appointment and that their business activities necessitate notarial acts. A new requirement mandates that, beginning June 1, 2025, applicants must complete a course of instruction from a licensed notary public school and pass an examination.

The legislation also modifies the reappointment process for notaries public. It stipulates that the Secretary of State will not automatically reappoint notaries upon the expiration of their commission. Instead, individuals seeking reappointment must apply no more than 60 days before their current commission expires. Licensed attorneys seeking reappointment will receive a reappointment application form at least 90 days before their commission expires, which must include a certification of good standing with the State Bar of Michigan. Furthermore, the Secretary of State will automatically cancel the commission of any notary who issues a dishonored check for processing fees. From June 1, 2025, reappointment will also require completion of a notary public course and passing an examination.

HB 5899 would establish licensing and regulatory requirements for notary schools in Michigan, including curriculum standards, examination procedures, fees, and penalties for violations.

Introduced in the House

July 30, 2024

Introduced by Rep. Jay DeBoyer (R-63)

Referred to the Committee on Local Government and Municipal Finance