reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.277 - Notary Education and Training Fund.

55.277 Notary education and training fund.
Sec. 17.
(1) The notary education and training fund is created within the state treasury. Money from fees collected under sections 13(3), 15(2), and 21(4) shall be deposited into the fund.
(2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) Up to $150,000.00 shall remain in the fund at the close of each fiscal year and shall not lapse to the general fund. Any amount in excess of $150,000.00 shall lapse to the general fund.
(4) The secretary shall expend money from the fund in the form of grants, upon appropriation, for the purposes of providing education and training programs for county clerks and their staffs including, but not limited to, notary responsibilities, election worker training, and election processes. The secretary shall consult with the president of the Michigan association of county clerks, or his or her designee, when approving grant applications under this section.
(5) The secretary shall annually file a report regarding the balance of the fund at the time of the report and a detailed account of the expenditures in the preceding fiscal year. This report shall be sent to the speaker of the house of representatives, the minority leader of the house of representatives, the majority leader of the senate, and the minority leader of the senate.
History:
2003, Act 238, Eff. Apr. 1, 2004 ;-- Am. 2006, Act 426, Imd. Eff. Oct. 5, 2006
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.279 - Reappointment; Licensed Attorney as Notary Public; Cause for Cancellation of Appointment.

55.279 Reappointment; licensed attorney as notary public; cause for cancellation of appointment.
Sec. 19.
(1) The secretary shall not automatically reappoint a notary public.
(2) A person desiring another notary public appointment may apply to the secretary, in a format prescribed by the secretary, for an original appointment as a notary public. The application may be submitted not more than 60 days before the expiration of his or her current notary public commission.
(3) In the case of a licensed attorney granted an appointment as a notary public under this act and after the initial application under section 15, the secretary shall send a reappointment application form to the licensed attorney at least 90 days before the expiration of the current notary appointment. The application for reappointment shall contain a certification to be completed by the applicant certifying that he or she is still a member in good standing in the state bar of Michigan. The applicant shall otherwise comply with the requirements for appointment as a notary public as described in section 15.
(4) The secretary shall automatically cancel the notary public commission of any person who makes, draws, utters, or delivers any check, draft, or order for the payment of a processing fee under this act that is not honored by the bank, financial institution, or other depository expected to pay the check, draft, or order for payment upon its first presentation.
History:
2003, Act 238, Eff. Apr. 1, 2004 ;-- Am. 2006, Act 426, Imd. Eff. Oct. 5, 2006 ;-- Am. 2006, Act 510, Eff. Apr. 1, 2007
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.281 - Corrected Notary Public Commission.

55.281 Corrected notary public commission.
Sec. 21.
(1) A notary public shall immediately apply to the secretary, in a format prescribed by the secretary, for a corrected notary public commission upon the occurrence of any of the following circumstances:
(a) A change in the notary public's name.
(b) A change in the notary public's residence or business address.
(c) The issuance by the secretary of a notary public commission that contains an error in the person's name, birth date, county, or other pertinent information if the error was made on the notary public's application and was used by the secretary to appoint the person as a notary public.
(2) A notary public shall immediately notify both the secretary and the county clerk of his or her appointment, in a format prescribed by the secretary, upon any change in the factual information stated in the notary public's application for appointment.
(3) The secretary shall notify the county clerk of the applicant's appointment when a corrected commission is issued by the secretary.
(4) If a notary public's certificate of appointment becomes lost, mutilated, or illegible, the notary public shall promptly apply to the secretary for the issuance of a duplicate certificate. The application shall be made on a form prescribed by the secretary and be accompanied by a processing fee of $10.00. One dollar of each processing fee collected under this subsection shall be deposited into the notary education and training fund established in section 17.
History:
2003, Act 238, Eff. Apr. 1, 2004 ;-- Am. 2006, Act 426, Imd. Eff. Oct. 5, 2006
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.283 - Obtaining and Reading State Statutes.

55.283 Obtaining and reading state statutes.
Sec. 23.
Before a notary public performs any notarial act, the notary public shall obtain and read a copy of all the current statutes of this state that regulate notarial acts.
History:
2003, Act 238, Eff. Apr. 1, 2004
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.286 - Electronic Notarization Systems; Notification Required.

55.286 Electronic notarization systems; notification required.
Sec. 26.
(1) Except as otherwise provided in section 26c, a notary public may select 1 or more tamper-evident electronic notarization systems to perform notarial acts electronically. A person may not require a notary public to perform a notarial act electronically with an electronic notarization system that the notary public has not selected.
(2) Before a notary public performs the notary public's initial notarial act electronically, the notary public shall notify the secretary that the notary public will be performing notarial acts electronically and identify the electronic notarization system the notary public intends to use for electronic notarizations. If the secretary and the department of technology, management, and budget have approved the use of 1 or more electronic notarization systems under section 26a, the notary public must select the system he or she intends to use from the approved electronic notarization systems. The secretary may disallow the use of an electronic notarization system if the electronic notarization system does not satisfy the criteria described in section 26a.
History:
Add. 2018, Act 360, Eff. Mar. 12, 2019 ;-- Am. 2020, Act 249, Imd. Eff. Nov. 5, 2020
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.286a - Approval of Electronic Notarization Systems; Minimum Requirements; Certification by Government-Sponsored Enterprise.

55.286a Approval of electronic notarization systems; minimum requirements; certification by government-sponsored enterprise.
Sec. 26a.
(1) By March 30, 2019, the secretary and the department of technology, management, and budget shall review and approve at least 1 electronic notarization system for the performance of electronic notarizations in this state. The secretary and the department of technology, management, and budget may approve multiple electronic notarization systems, and may grant approval of additional electronic notarization systems on an ongoing basis. The secretary and the department of technology, management, and budget shall review the criteria for approval of electronic notarization systems, and whether currently approved electronic notarization systems remain sufficient for the electronic performance of notarial acts, at least every 4 years.
(2) Subject to subsection (3), in considering whether to approve an electronic notarization system for use in this state under subsection (1), the secretary and the department of technology, management, and budget shall consider, at a minimum, the following:
(a) The need to ensure that any change to or tampering with an electronic record containing the information required under this act is evident.
(b) The need to ensure integrity in the creation, transmittal, storage, or authentication of electronic notarizations, records, or signatures.
(c) The need to prevent fraud or mistake in the performance of electronic notarizations.
(d) The ability to adequately investigate and authenticate a notarial act performed electronically with that electronic notarization system.
(e) The most recent standards regarding electronic notarizations or records promulgated by national bodies, including, but not limited to, the National Association of Secretaries of State.
(f) The standards, practices, and customs of other jurisdictions that allow electronic notarial acts.
(3) If an electronic notarization system for the performance of electronic notarizations is approved or certified by a government-sponsored enterprise, as that term is defined in 2 USC 622(8), the secretary and the department of technology, management, and budget shall approve the system for use in this state if verifiable proof of that approval or certification is provided to the secretary and department, unless the use of the electronic notarization system is affirmatively disallowed by the secretary.
History:
Add. 2018, Act 360, Eff. Mar. 12, 2019
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.286d - Use of Electronic Records and Signatures; Use of 2-Way Real-Time Audiovisual Technology; Applicability of Section.

55.286d Use of electronic records and signatures; use of 2-way real-time audiovisual technology; applicability of section.
Sec. 26d.
(1) Beginning April 30, 2020, it is the intent of the legislature that, governmental agencies and officials of this state are encouraged to use or permit the use of electronic records and electronic signatures to transact business, process applications, and recognize the validity of legal instruments, and, when a notarized signature is required by a law of this state, to use a notary public who performs notarial acts electronically under this act.
(2) Beginning April 30, 2020, it is the intent of the legislature that, any requirement under the law of this state that an in-person witness attests to or acknowledges an instrument, record, or deed is satisfied by the use of 2-way real-time audiovisual technology in accordance with section 26c.
(3) Beginning April 30, 2020, it is the intent of the legislature that, any requirement that an individual appears personally before or be in the presence of either a notary public at the time of a notarization or a witness at the time of an attestation or acknowledgment is satisfied if the individual, the witnesses, or the notary public are not in the physical presence of each other but can communicate simultaneously by 2-way real-time audiovisual technology in accordance with section 26c at the time of the notarization, attestation, or acknowledgment.
(4) This section does not apply after June 30, 2021.
History:
Add. 2020, Act 249, Imd. Eff. Nov. 5, 2020 ;-- Am. 2020, Act 336, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.287 - Signature of Notary Public; Statements; Stamp, Seal, or Electronic Process; Effect of Illegible Statement.

55.287 Signature of notary public; statements; stamp, seal, or electronic process; effect of illegible statement.
Sec. 27.
(1) A notary public shall place his or her signature on every record upon which he or she performs a notarial act. The notary public shall sign his or her name exactly as his or her name appears on his or her application for commission as a notary public.
(2) On each record that a notary public performs a notarial act and immediately near the notary public's signature, as is practical, the notary public shall print, type, stamp, or otherwise imprint mechanically or electronically sufficiently clear and legible to be read by the secretary and in a manner capable of photographic reproduction all of the following in this format or in a similar format that conveys all of the same information:
(a) The name of the notary public exactly as it appears on his or her application for commission as a notary public.
(b) The statement: "Notary public, State of Michigan, County of __________.".
(c) The statement: "My commission expires __________.".
(d) If performing a notarial act in a county other than the county of commission, the statement: "Acting in the County of __________.".
(e) The date the notarial act was performed.
(f) If applicable, whether the notarial act was performed using an electronic notarization system under section 26a or performed using a remote electronic notarization platform under section 26b.
(3) A notary public may use a stamp, seal, or electronic process that contains all of the information required under subsection (2). However, the notary public shall not use the stamp, seal, or electronic process in a manner that renders anything illegible on the record being notarized. A notary public shall not use an embosser alone or use any other method that cannot be reproduced.
(4) The illegibility of the statements required under subsection (2) does not affect the validity of the transaction or record that was notarized.
History:
2003, Act 238, Eff. Apr. 1, 2004 ;-- Am. 2006, Act 155, Imd. Eff. May 26, 2006 ;-- Am. 2018, Act 330, Eff. Sept. 30, 2018 ;-- Am. 2018, Act 360, Eff. Mar. 12, 2019
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.289 - Repealed. 2006, Act 155, Imd. Eff. May 26, 2006.

55.289 Repealed. 2006, Act 155, Imd. Eff. May 26, 2006.
Compiler's Notes:
The repealed section pertained to use of notary form.
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.293 - Person With Physical Limitations; Signature by Notary Public.

55.293 Person with physical limitations; signature by notary public.
Sec. 33.
A notary public may sign the name of a person whose physical characteristics limit his or her capacity to sign or make a mark on a record presented for notarization under all of the following conditions:
(a) The notary public is orally, verbally, physically, or through electronic or mechanical means provided by the person and directed by that person to sign that person's name.
(b) The person is in the physical presence of the notary public.
(c) The notary public inscribes beneath the signature:
"Signature affixed pursuant to section 33 of the Michigan notary public act.".
History:
2003, Act 238, Eff. Apr. 1, 2004
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.295 - Request by Secretary of State; Failure to Respond.

55.295 Request by secretary of state; failure to respond.
Sec. 35.
(1) Upon receiving a written or electronic request from the secretary, a notary public shall do all of the following as applicable:
(a) Furnish the secretary with a copy of the notary public's records that relate to the request.
(b) Within 15 days after receiving the request, respond to the secretary with information that relates to the official acts performed by the notary public.
(c) Permit the secretary to inspect his or her notary public records, contracts, or other information that pertains to the official acts of a notary public if those records, contracts, or other information is maintained by the notary public.
(2) Upon presentation to the secretary of satisfactory evidence that a notary public has failed to respond within 15 days or another time period designated under this act to a request of the secretary under subsection (1), the secretary may notify the notary public that his or her notary public commission is suspended indefinitely until he or she provides a satisfactory response to the request.
History:
2003, Act 238, Eff. Apr. 1, 2004 ;-- Am. 2006, Act 426, Imd. Eff. Oct. 5, 2006
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.297 - Misconduct; Civil Liability; Conditions.

55.297 Misconduct; civil liability; conditions.
Sec. 37.
(1) For the official misconduct of a notary public, the notary public and the sureties on the notary public's surety bond are liable in a civil action for the damages sustained by the persons injured. The employer of a notary public is also liable if both of the following conditions apply:
(a) The notary public was acting within the actual or apparent scope of his or her employment.
(b) The employer had knowledge of and consented to or permitted the official misconduct.
(2) A notary public and the notary public's sureties are not liable for the truth, form, or correctness of the contents of a record upon which the notary public performs a notarial act.
History:
2003, Act 238, Eff. Apr. 1, 2004
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.299 - Violations of Notary Public Laws.

55.299 Violations of notary public laws.
Sec. 39.
The secretary may investigate, or cause to be investigated by local authorities, the administration of notary public laws and shall report violations of the notary public laws and rules to the attorney general or prosecuting attorney, or both, for prosecution.
History:
2003, Act 238, Eff. Apr. 1, 2004
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.300 - Investigation by Secretary of State; Complaint.

55.300 Investigation by secretary of state; complaint.
Sec. 40.
(1) The secretary may, on his or her own initiative or in response to a complaint, make a reasonable and necessary investigation within or outside of this state and gather evidence concerning a person who violated, allegedly violated, or is about to violate this act, a rule promulgated under this act, or an order issued under this act or concerning whether a notary public is in compliance with this act, a rule promulgated under this act, or an order issued under this act.
(2) A person may file a complaint against a notary public with the secretary. A complaint shall be made in a format prescribed by the secretary and contain all of the following:
(a) The complainant's name, address, and telephone number.
(b) The complainant's signature and the date the complaint was signed.
(c) A complete statement describing the basis for the complaint.
(d) The actual record that is the basis for the complaint or a copy, photocopy, or other replica of the record.
(3) The secretary may investigate compliance with this act, the rules promulgated under it, or an order issued under it by examination of a notary public's records, contracts, and other pertinent records or information that relate to the official acts of the notary public.
History:
2003, Act 238, Eff. Apr. 1, 2004
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.303 - Reapplication After Revocation; Unpaid Fine.

55.303 Reapplication after revocation; unpaid fine.
Sec. 43.
(1) Cancellation of a commission is without prejudice to reapplication at any time. Except as otherwise provided for in section 41(3), 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.
History:
2003, Act 238, Eff. Apr. 1, 2004
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.305 - Injunction or Restraining Order.

55.305 Injunction or restraining order.
Sec. 45.
(1) Whenever it appears to the secretary that a person has engaged or is about to engage in an act or practice that constitutes or will constitute a violation of this act, a rule promulgated under this act, or an order issued under this act, the attorney general may petition a circuit court for injunctive relief. Upon a proper showing, a circuit court may issue a permanent or temporary injunction or restraining order to enforce the provisions of this act. A party to the action has the right to appeal within 60 days from the date the order or judgment of the court was issued.
(2) The court may order a person subject to an injunction or restraining order provided for in this section to reimburse the secretary for the actual expenses incurred in the investigation related to the petition. The secretary shall refund any amount received as reimbursement should the injunction or restraining order later be dissolved by an appellate court.
History:
2003, Act 238, Eff. Apr. 1, 2004
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.307 - Presumption.

55.307 Presumption.
Sec. 47.
(1) Subject to subsection (2) and in the courts of this state, the certificate of a notary public of official acts performed in the capacity of a notary public, under the seal of office, is presumptive evidence of the facts contained in the certificate except that the certificate is not evidence of a notice of nonacceptance or nonpayment in any case in which a defendant attaches to his or her pleadings an affidavit denying the fact of having received that notice of nonacceptance or nonpayment.
(2) Notwithstanding subsection (1), the court may invalidate any notarial act not performed in compliance with this act.
History:
2003, Act 238, Eff. Apr. 1, 2004 ;-- Am. 2006, Act 155, Imd. Eff. May 26, 2006
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.309 - Violation as Misdemeanor or Felony; Jurisdiction; Penalties and Remedies as Cumulative.

55.309 Violation as misdemeanor or felony; jurisdiction; penalties and remedies as cumulative.
Sec. 49.
(1) Except as otherwise provided for in section 41(4) or as provided by law, a person who violates this act is guilty of 1 of the following:
(a) Except as provided in subdivision (b), a misdemeanor punishable by a fine of not more than $5,000.00 or by imprisonment for not more than 1 year, or both.
(b) If the person knowingly violates this act when notarizing any document relating to an interest in real property or a mortgage transaction, a felony punishable by a fine of not more than $5,000.00 or by imprisonment for not more than 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.
History:
2003, Act 238, Eff. Apr. 1, 2004 ;-- Am. 2011, Act 204, Eff. Jan. 1, 2012
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.311 - Notary Fees Fund.

55.311 Notary fees fund.
Sec. 51.
(1) The notary fees fund is created in the state treasury. Except as otherwise provided in sections 15(2) and 21(4), an application processing fee, duplicate notary public certificate of appointment processing fee, certification processing fee, copying processing fee, reimbursement costs, or administrative fine collected under this act by the secretary shall be deposited by the state treasurer in the notary fees fund and is appropriated to defray the costs incurred by the secretary in administering this act.
(2) A processing or filing fee paid to the secretary or county clerk under this act is not refundable.
History:
2003, Act 238, Eff. Apr. 1, 2004 ;-- Am. 2006, Act 426, Imd. Eff. Oct. 5, 2006
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.313 - Maintenance of Records.

55.313 Maintenance of records.
Sec. 53.
A person, or the personal representative of a person who is deceased, who both performed a notarial act and created a record of the act performed while commissioned as a notary public under this act shall maintain all the records of that notarial act for at least 5 years after the date of the notarial act.
History:
2003, Act 238, Eff. Apr. 1, 2004 ;-- Am. 2006, Act 426, Imd. Eff. Oct. 5, 2006
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.314 - Application of Act.

55.314 Application of act.
Sec. 54.
This act modifies, limits, and supersedes the electronic signatures in global and national commerce act, 15 USC 7001 to 7031, but does not modify, limit, or supersede section 101(c) of that act, 15 USC 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 USC 7003(b).
History:
Add. 2018, Act 330, Eff. Sept. 30, 2018
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.315 - Rules.

55.315 Rules.
Sec. 55.
The secretary may promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to implement this act.
History:
2003, Act 238, Eff. Apr. 1, 2004
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-I - Chapter I Incorporation. (61.1...61.15) › Section 61.1 - Incorporation of Villages; Charter.

61.1 Incorporation of villages; charter.
Sec. 1.
This act is the charter for all villages incorporated under this act.
History:
1895, Act 3, Imd. Eff. Feb. 19, 1895 ;-- CL 1897, 2684 ;-- CL 1915, 2555 ;-- CL 1929, 1465 ;-- CL 1948, 61.1 ;-- Am. 1998, Act 255, Imd. Eff. July 13, 1998
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-I - Chapter I Incorporation. (61.1...61.15) › Section 61.1a - Definitions.

61.1a Definitions.
Sec. 1a.
As used in this act:
(a) "Appointed officer" means any officer, except an officer who is appointed to fill an elective but vacant seat on the council.
(b) "Civil infraction action", "municipal civil infraction", and, except as used in section 2 of chapter VI, "civil infraction" mean those terms as defined in section 113 of the revised judicature act of 1961, 1961 PA 236, MCL 600.113.
(c) "Council" or "members of council", with respect to voting procedure, means 1 of the following:
(i) The president and 6 trustees, if the village has not adopted an ordinance reducing the number of trustees under chapter II.
(ii) The president and 4 trustees, if the village has adopted an ordinance reducing the number of trustees under chapter II.
(d) "Elector" means an individual who has the qualifications of an elector under section 492 of the Michigan election law, 1954 PA 116, MCL 168.492.
(e) "Officer" means the village president, clerk, or treasurer, a village trustee, or an appointed person authorized by the council.
(f) "Quorum" means, except as otherwise defined, 1 of the following:
(i) Three council members, if the village has adopted an ordinance reducing the number of trustees under chapter II.
(ii) Four council members, if the village has not adopted an ordinance reducing the number of trustees under chapter II.
History:
Add. 1945, Act 24, Eff. Sept. 6, 1945 ;-- CL 1948, 61.1a ;-- Am. 1994, Act 16, Eff. May 1, 1994 ;-- Am. 1998, Act 255, Imd. Eff. July 13, 1998
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-I - Chapter I Incorporation. (61.1...61.15) › Section 61.1b - Construction of Act; Validation of Bonds.

61.1b Construction of act; validation of bonds.
Sec. 1b.
No provision of this act shall apply or be construed as having heretofore applied to any village incorporated or reincorporated under Act No. 278 of the Public Acts of 1909, as amended, being sections 78.1 to 78.28 of the Compiled Laws of 1948, unless specifically adopted by the electors as a part of its village charter. The provisions of this act shall be deemed to be in the nature of charter provisions for any village incorporated thereunder or subject thereto and any such provision may be altered or removed by amendment adopted by the electors as provided in Act No. 278 of the Public Acts of 1909, as amended, provided that the effect of the amendment is such as might legally be accomplished by charter provision in the case of a village operating under Act No. 278. All such amendments heretofore so adopted by any village incorporated under or subject to this act, and all actions heretofore taken and all bonds heretofore issued under or in accordance with such amendments, are hereby validated to the same effect as if the foregoing provision had been in effect when such amendments were adopted.
History:
Add. 1962, Act 186, Imd. Eff. May 24, 1962
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-I - Chapter I Incorporation. (61.1...61.15) › Section 61.1c - Emergency Financial Manager; Authority and Responsibilities.

61.1c Emergency financial manager; authority and responsibilities.
Sec. 1c.
Notwithstanding any provision of this act, if an emergency financial manager has been appointed under the local government fiscal responsibility act, Act No. 101 of the Public Acts of 1988, being sections 141.1101 to 141.1118 of the Michigan Compiled Laws, with respect to a village governed by this act, then that emergency financial manager may exercise the authority and responsibilities provided in this act to the extent authorized by Act No. 101 of the Public Acts of 1988.
History:
Add. 1988, Act 196, Imd. Eff. June 27, 1988
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-I - Chapter I Incorporation. (61.1...61.15) › Section 61.1d - Minimum Staffing Requirement; Adoption of Village Charter or Ordinance Prohibited.

61.1d Minimum staffing requirement; adoption of village charter or ordinance prohibited.
Sec. 1d.
Beginning on the effective date of the amendatory act that added this section, a village shall not adopt a village charter or ordinance that includes any minimum staffing requirement for village employees. Except as otherwise provided in this section, any provision in a village charter or ordinance adopted on or after the effective date of the amendatory act that added this section that contains a minimum staffing requirement for village employees is void and unenforceable.
History:
Add. 2011, Act 140, Imd. Eff. Sept. 13, 2011
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-I - Chapter I Incorporation. (61.1...61.15) › Section 61.2-61.11 - Repealed. 1998, Act 255, Imd. Eff. July 13, 1998.

61.2-61.11 Repealed. 1998, Act 255, Imd. Eff. July 13, 1998.
Compiler's Notes:
The repealed sections pertained to incorporation of villages.
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-I - Chapter I Incorporation. (61.1...61.15) › Section 61.12 - Village Incorporated; Body Politic; Powers.

61.12 Village incorporated; body politic; powers.
Sec. 12.
A village incorporated under this act is a body politic and corporate under the name designated for it upon incorporation. By that name, the village may sue and be sued, contract and be contracted with, acquire and hold real and personal property for the purposes for which it was incorporated, have a common seal, change the common seal at pleasure, and exercise all the powers under this act.
History:
1895, Act 3, Imd. Eff. Feb. 19, 1895 ;-- CL 1897, 2695 ;-- CL 1915, 2566 ;-- CL 1929, 1476 ;-- CL 1948, 61.12 ;-- Am. 1998, Act 255, Imd. Eff. July 13, 1998
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-I - Chapter I Incorporation. (61.1...61.15) › Section 61.14 - Repealed. 1974, Act 4, Imd. Eff. Jan. 30, 1974.

61.14 Repealed. 1974, Act 4, Imd. Eff. Jan. 30, 1974.
Compiler's Notes:
The repealed section pertained to the village board of registration.
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-I - Chapter I Incorporation. (61.1...61.15) › Section 61.15 - Repealed. 1998, Act 255, Imd. Eff. July 13, 1998.

61.15 Repealed. 1998, Act 255, Imd. Eff. July 13, 1998.
Compiler's Notes:
The repealed section pertained to registration of electors.
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-II - Chapter II Officers. (62.1...62.15) › Section 62.2 - Additional Officers; Appointment.

62.2 Additional officers; appointment.
Sec. 2.
(1) The president may nominate and the council appoint such officers as shall be provided for by resolution or ordinance of the council. The council may provide by ordinance or resolution for the appointment of other officers whose election or appointment is not specifically provided for in this act, as the council considers necessary for the execution of the powers granted by this act. The powers and duties of such officers shall be prescribed by the council. The council may require that the officers perform their duties faithfully and that proper measures be taken to punish neglect of duty by an officer.
(2) This section is subject to an ordinance adopted under section 8 of chapter V.
History:
1895, Act 3, Imd. Eff. Feb. 19, 1895 ;-- CL 1897, 2700 ;-- CL 1915, 2570 ;-- Am. 1925, Act 105, Imd. Eff. Apr. 30, 1925 ;-- CL 1929, 1480 ;-- CL 1948, 62.2 ;-- Am. 1985, Act 173, Imd. Eff. Dec. 2, 1985 ;-- Am. 1998, Act 255, Imd. Eff. July 13, 1998
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-II - Chapter II Officers. (62.1...62.15) › Section 62.3 - Appointments; Time.

62.3 Appointments; time.
Sec. 3.
Except for an appointment to fill a vacancy or unless a different time is prescribed in the ordinance or resolution creating the office, an appointment to a village office shall be made at the first village council meeting after the qualification of a council member who is elected at the village's regular election. If, for any cause, an appointment is not made at that meeting or on the day prescribed in the ordinance or resolution creating the office, the appointment may be made at a subsequent regular or special meeting of the council.
History:
1895, Act 3, Imd. Eff. Feb. 19, 1895 ;-- CL 1897, 2701 ;-- CL 1915, 2571 ;-- CL 1929, 1481 ;-- CL 1948, 62.3 ;-- Am. 2003, Act 305, Eff. Jan. 1, 2005
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-II - Chapter II Officers. (62.1...62.15) › Section 62.4 - Term of Office.

62.4 Term of office.
Sec. 4.
Unless otherwise provided by ordinance, the president, clerk, and treasurer hold their respective offices for the term of 2 years and until their successors are elected and qualified. The term of office for a president, clerk, or treasurer elected at the village's regular election begins on November 20 after the officer's election and qualification.
History:
1895, Act 3, Imd. Eff. Feb. 19, 1895 ;-- CL 1897, 2702 ;-- CL 1915, 2572 ;-- Am. 1925, Act 105, Imd. Eff. Apr. 30, 1925 ;-- CL 1929, 1482 ;-- CL 1948, 62.4 ;-- Am. 1971, Act 18, Imd. Eff. May 5, 1971 ;-- Am. 1998, Act 255, Imd. Eff. July 13, 1998 ;-- Am. 2003, Act 305, Eff. Jan. 1, 2005 ;-- Am. 2012, Act 551, Eff. Mar. 28, 2013
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-II - Chapter II Officers. (62.1...62.15) › Section 62.5 - Village Trustees; Term of Office; Ordinance Providing for Election and Terms of Office.

62.5 Village trustees; term of office; ordinance providing for election and terms of office.
Sec. 5.
Except as otherwise provided in this section, 3 village trustees shall be elected at each biennial village election for the term of 4 years and until their successors are qualified. As an alternative, if provided by an ordinance adopted by the village all 6 village trustees shall be elected at the biennial village elections for the term of 2 years and until their successors are qualified. The term of office for a trustee elected at the village's regular election begins on November 20 after the officer's election and qualification.
History:
1895, Act 3, Imd. Eff. Feb. 19, 1895 ;-- CL 1897, 2703 ;-- CL 1915, 2573 ;-- CL 1929, 1483 ;-- CL 1948, 62.5 ;-- Am. 1973, Act 148, Imd. Eff. Nov. 21, 1973 ;-- Am. 1998, Act 255, Imd. Eff. July 13, 1998 ;-- Am. 2003, Act 305, Eff. Jan. 1, 2005 ;-- Am. 2004, Act 300, Imd. Eff. July 23, 2004 ;-- Am. 2012, Act 551, Eff. Mar. 28, 2013
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-II - Chapter II Officers. (62.1...62.15) › Section 62.5a - Staggered Terms of Office; Resolution; Length of Initial Terms; Applicability of Subsection (1).

***** 62.5a SUBSECTION (1) DOES NOT APPLY AFTER DECEMBER 31, 2006: See subsection (2) *****
62.5a Staggered terms of office; resolution; length of initial terms; applicability of subsection (1).
Sec. 5a.
(1) Notwithstanding any other provision of this act, the village may pass a resolution to provide for the terms of office of its elected officials and for the terms to be staggered.
(2) The initial terms established under subsection (1) may be longer than allowed under this act in order to facilitate the staggering of terms. This subsection does not apply after December 31, 2006.
(3) Notwithstanding any other provision of this act, the village may pass a resolution to provide for any election provision that is consistent with the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.
History:
Add. 2005, Act 65, Imd. Eff. July 7, 2005
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-II - Chapter II Officers. (62.1...62.15) › Section 62.6 - Appointive Officers; Term.

62.6 Appointive officers; term.
Sec. 6.
Except for an officer appointed to fill a vacancy in an elective office, an appointive village officer holds the office for 2 years after the date of the appointment or until the village's next regular election, whichever is earlier, and until the officer's successor is appointed and qualified unless a different term of office is prescribed in this act, in an ordinance authorized by this act, or in the ordinance or resolution creating the office. An officer appointed to fill a vacancy in an elective office shall hold office until the next regular village election, and until his or her successor is elected and qualified. An officer appointed to fill a vacancy in an appointive office shall hold office until his or her successor is appointed and qualified.
History:
1895, Act 3, Imd. Eff. Feb. 19, 1895 ;-- CL 1897, 2704 ;-- CL 1915, 2574 ;-- CL 1929, 1484 ;-- CL 1948, 62.6 ;-- Am. 1998, Act 255, Imd. Eff. July 13, 1998 ;-- Am. 2003, Act 305, Eff. Jan. 1, 2005
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-II - Chapter II Officers. (62.1...62.15) › Section 62.7 - Qualifications for Office; Void Votes; “In Default” Defined; Oath.

62.7 Qualifications for office; void votes; “in default” defined; oath.
Sec. 7.
(1) A person shall not be elected to an office unless he or she is an elector of the village.
(2) A person in default to the village is not eligible for any office in the village. All votes in an election for or any appointment of a person in default to the village are void. As used in this subsection, "in default" means delinquent in payment of property taxes or a debt owed to the village if 1 of the following applies:
(a) The taxes remain unpaid after the last day of February in the year following the year in which they are levied, unless the taxes are the subject of an appeal.
(b) Another debt owed to the village remains unpaid 90 days after the due date, unless the debt is the subject of an administrative appeal or a contested court case.
(3) Not more than 30 days after receiving notice of his or her election or appointment, an officer of the village shall take and subscribe the oath of office prescribed by the constitution of the state and file the oath with the clerk. An officer who fails to comply with the requirements of this subsection shall be considered to have declined the office.
History:
1895, Act 3, Imd. Eff. Feb. 19, 1895 ;-- CL 1897, 2705 ;-- CL 1915, 2575 ;-- CL 1929, 1485 ;-- CL 1948, 62.7 ;-- Am. 1998, Act 255, Imd. Eff. July 13, 1998
Compiler's Notes:
In subsection (3), “the constitution of the state” evidently refers to the Constitution of 1908. See now Const. 1963, Art. XI, § 1.
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-II - Chapter II Officers. (62.1...62.15) › Section 62.8 - Official Bonds; Deposit Time.

62.8 Official bonds; deposit time.
Sec. 8.
Every officer elected or appointed in the village, before entering upon the duties of his office, and within the time prescribed for filing his official oath, shall file with the village clerk such bond or security as may be required by law, or by any ordinance or resolution of the council, and with such sureties as shall be approved by the council, conditioned for the due performance of the duties of his office, except that the bond or security given by the clerk shall be deposited with the treasurer.
History:
1895, Act 3, Imd. Eff. Feb. 19, 1895 ;-- CL 1897, 2706 ;-- CL 1915, 2576 ;-- CL 1929, 1486 ;-- CL 1948, 62.8
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-II - Chapter II Officers. (62.1...62.15) › Section 62.9 - Additional Bonds; Removal From Office.

62.9 Additional bonds; removal from office.
Sec. 9.
The council may, at any time, require any officer to execute and file with the clerk additional or new official bonds, with such new or further sureties as said council shall deem requisite for the interest of the corporation. Any failure to comply with such requirement within 15 days shall subject the officer to immediate removal from office by the council.
History:
1895, Act 3, Imd. Eff. Feb. 19, 1895 ;-- CL 1897, 2707 ;-- CL 1915, 2577 ;-- CL 1929, 1487 ;-- CL 1948, 62.9
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-II - Chapter II Officers. (62.1...62.15) › 3-1895-II-VACANCIES-IN-OFFICE. - Vacancies in Office. (62.10...62.15) › Section 62.10 - Resignations.

62.10 Resignations.
Sec. 10.
(1) Except as otherwise provided in subsection (2), the resignation of a village officer must be made to the village president, and the resignation is effective upon receipt by the village president.
(2) The resignation of the village president must be made to the village clerk, and the resignation is effective upon receipt by the village clerk.
History:
1895, Act 3, Imd. Eff. Feb. 19, 1895 ;-- CL 1897, 2708 ;-- CL 1915, 2578 ;-- CL 1929, 1488 ;-- CL 1948, 62.10 ;-- Am. 2020, Act 81, Imd. Eff. Apr. 2, 2020
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-II - Chapter II Officers. (62.1...62.15) › 3-1895-II-VACANCIES-IN-OFFICE. - Vacancies in Office. (62.10...62.15) › Section 62.11 - Office Vacancies.

62.11 Office vacancies.
Sec. 11.
If any elected officer shall cease to be a resident of the village during his or her term of office, the office shall be thereby vacated. If any officer is alleged to be in default as defined in section 7 of this chapter, the office shall be declared vacated.
History:
1895, Act 3, Imd. Eff. Feb. 19, 1895 ;-- CL 1897, 2709 ;-- CL 1915, 2579 ;-- CL 1929, 1489 ;-- CL 1948, 62.11 ;-- Am. 1998, Act 255, Imd. Eff. July 13, 1998
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-II - Chapter II Officers. (62.1...62.15) › 3-1895-II-VACANCIES-IN-OFFICE. - Vacancies in Office. (62.10...62.15) › Section 62.12 - Failure of Officer to Give or Maintain Bond.

62.12 Failure of officer to give or maintain bond.
Sec. 12.
If any person elected or appointed to office fails to give or maintain the bond or security required for the due performance of the duties of his or her office, within the time specified under section 8 or 9 of this chapter, the council shall declare the office vacant, unless the officer gives the requisite bond or security before the council makes its declaration.
History:
1895, Act 3, Imd. Eff. Feb. 19, 1895 ;-- CL 1897, 2710 ;-- CL 1915, 2580 ;-- CL 1929, 1490 ;-- CL 1948, 62.12 ;-- Am. 1998, Act 255, Imd. Eff. July 13, 1998