DECEMBER 29, 2003

Notary statutes see first extensive update in a century

Secretary of State Terri Lynn Land today applauded a new law that updates and streamlines Michigan’s notary public process.

House Bill 4938, signed into law as Public Act 238 of 2003, marks the first comprehensive revision of the notary statutes since they were enacted in 1846. Making the notary process more contemporary was among Land’s first-year goals. She worked with lawmakers and county clerks to move legislation forward. HB 4938 is sponsored by state Rep. Shelley Taub, R-Bloomfield Hills.

"We must make sure that government evolves to meet today’s needs," Land said. "Updating our notary laws complements my ongoing efforts to deliver better service. Bringing greater clarity and efficiency to this process benefits customers at all levels. This is a major accomplishment, and I commend Representative Taub for her leadership."

"Notaries public serve a vital role in our democracy," Taub said. "They are entrusted with significant responsibilities, and citizens depend on them for a variety of services. The process for appointing and regulating them must be as concise and effective as possible. I’m proud to have ushered this initiative through the Legislature, and I appreciate Secretary Land’s vision and guidance."

A notary public is someone who is legally authorized to witness signatures and administer oaths.

The new law:

• Creates the Michigan Notary Public Act.
• Extends the length of new appointments by an additional two years, resulting in less data-entry work for the state.
• Streamlines the application and appointment process. For example, commissions will now be mailed to applicants upon appointment, rather than going through a two-step process of identification and filing at the county clerk level.
• Establishes monthly reporting between county clerks and the Secretary of State.
• Allows for use of electronic signatures already on file with the Department of State for future online processing.
• Clarifies rules, responsibilities and restrictions.
• Establishes a statewide appointment, which eliminates the need to reapply when moving within the state.
• Creates new notary crimes, including sanctions for the notary’s employer.

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