Bill Text: MI HB6149 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Occupations; notaries public; penalties for notary public violations; increase. Amends secs. 41, 43 & 49 of 2003 PA 238 (MCL 55.301 et seq.).
Spectrum: Strong Partisan Bill (Democrat 18-1)
Status: (Introduced - Dead) 2010-11-30 - Referred To Committee On Banking And Financial Institutions [HB6149 Detail]
Download: Michigan-2009-HB6149-Engrossed.html
HB-6149, As Passed House, November 10, 2010
HOUSE BILL No. 6149
May 6, 2010, Introduced by Reps. Tlaib, Durhal, Walsh, Bettie Scott and Barnett and referred to the Committee on Judiciary.
A bill to amend 2003 PA 238, entitled
"Michigan notary public act,"
by amending sections 41, 43, and 49 (MCL 55.301, 55.303, and
55.309).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 41. (1) If a notary public of this state is convicted of
a felony or of a substantially corresponding violation of another
state, the secretary shall automatically revoke the notary public
commission of that person on the date that the person's felony
conviction is entered.
(2)
If a notary public of this state is convicted of 2 or more
misdemeanor
offenses involving a violation of this act within a 12-
month
period while commissioned, or of 3 or more misdemeanor
offenses
involving a violation of this act within a 5-year period
regardless
of being commissioned, the secretary shall automatically
revoke
the notary public commission of that person on the date that
the
person's most recent misdemeanor conviction is entered.
(2) (3)
If a person holding office as a
notary public is
sentenced to a term of imprisonment in a state correctional
facility or jail in this or any other state or in a federal
correctional facility, that person's commission as a notary public
is revoked automatically on the day on which the person begins
serving the sentence in the jail or correctional facility. If a
person's commission as a notary public is revoked because the
person begins serving a term of imprisonment and that person
performs or attempts to perform a notarial act while imprisoned,
that person is not eligible to receive a commission as a notary
public for at least 10 years after the person completes his or her
term of imprisonment.
(3) (4)
A person found guilty of performing
a notarial act
after his or her commission is revoked under this section is guilty
of a felony punishable by a fine of not more than $3,000.00 or by
imprisonment for not more than 5 years, or both.
(4) (5)
A person, regardless of whether he
or she has ever
been commissioned as a notary public, that is convicted of a felony
is disqualified from being commissioned as a notary public for not
less than 10 years after the person completes his or her sentence
for that crime, including any term of imprisonment, parole, or
probation, and pays all fines, costs, and assessments. As used in
this section, a "felony" means a violation of a penal law of this
state, another state, or the United States for which the offender,
upon conviction, may be punished by death or imprisonment for more
than 1 year or an offense expressly designated by law to be a
felony.
(5) (6)
If a person is convicted of a
violation described in
subsection
(5) (4), the court shall make a determination of whether
the person is a notary. If the person is a notary, the court shall
inform the secretary of the conviction.
Sec. 43. (1) Cancellation of a commission is without prejudice
to reapplication at any time. Except as otherwise provided for in
section
41(3) 41(2), a person whose commission is revoked is
ineligible for the issuance of a new commission for at least 5
years.
(2) A fine imposed under this act that remains unpaid for more
than 180 days may be referred to the department of treasury for
collection. The department of treasury may collect the fine by
deducting the amount owed from a payroll or tax refund warrant. The
secretary may bring an action in a court of competent jurisdiction
to recover the amount of a civil fine.
Sec.
49. (1) Except as otherwise provided for in section 41(4)
41(3) or as provided by law, a person who violates this act is
guilty
of a misdemeanor felony punishable by a fine of not more
than
$5,000.00 or by imprisonment for not more than 1 year 4 years,
or both.
(2) An action concerning a fee charged for a notarial act
shall be filed in the district court in the place where the
notarial act occurred.
(3) The penalties and remedies under this act are cumulative.
The bringing of an action or prosecution under this act does not
bar an action or prosecution under any other applicable law.
