MI House Bill 5269 | NNA

MI House Bill 5269

Notary Law Update: MI House Bill 5269

State: Michigan

Summary:

The state of Michigan continues to focus on refining the penalties for committing misconduct and criminal acts as a Notary Public, a trend which began last year. HB 5269 provides that Notaries convicted of 2 or more “specified misdemeanors” within a 12-month period while commissioned or 3 “specified misdemeanors” within a 5-year period regardless of being commissioned shall have their commissions revoked by the Secretary of State.

Signed:  December 20, 2012

Effective:  December 20, 2012

Chapter: Public Act 425

Affects:

Amends Section 41 of the Michigan Compiled Laws (MCL 55.301)

Changes:
  1. Clarifies that Notaries convicted of 2 or more “specified misdemeanors” within a 12-month period while commissioned or 3 “specified misdemeanors” within a 5-year period regardless of being commissioned shall have their commissions revoked by the Secretary of State.
  2. Defines “specified misdemeanors” as a misdemeanor that the Secretary determines involves: (1) a violation of the Notary Public Act; (2) a violation of the public trust; (3) an act of official misconduct, dishonesty, fraud, or deceit; or (4) an act substantially related to the duties or responsibilities of a Notary.
  3. Requires an individual commissioned as a Notary that is convicted of any felony or misdemeanor in any court to notify the Secretary in writing of the conviction within 10 days after the date of the conviction.
  4. Makes non-substantial technical changes.
Analysis:

Under Michigan’s Notary Public Act, the commission of a notary public is automatically revoked if he or she is convicted of a felony; convicted of two or more misdemeanor offenses with a 12-month period; or convicted of three or more misdemeanor offenses with a five-year period.  Further, if convicted of a felony, the individual is disqualified from being commissioned as a notary public for at least 10 years.  House Bill 5269 retains these provisions, but refers to “specified misdemeanors” instead of “misdemeanors.” Under the new law, “specified misdemeanor” is defined to mean a misdemeanor that the Secretary of State determines involves any of the following: (a) A violation of the Notary Public Act; (b) a violation of the public trust; (c) an act of official misconduct, dishonesty, fraud, or deceit; or (d) an act substantially related to the duties of responsibilities of a Notary Public. Finally, House Bill 5269 specifies that an individual commissioned as a notary public in Michigan who is convicted of any felony or misdemeanor in any court must notify the Secretary of State in writing within 10 days after the date of the conviction.

Read the bill text.

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