SD House Bill 1030 | NNA
Law

SD House Bill 1030

Notary Law Update: SD House Bill 1030

State: South Dakota

Summary:

House Bill 1030 permits any resident of a county bordering South Dakota who has a place of work or employment in South Dakota to become a Notary and streamlines the statute providing the requirements for the Notary’s official seal.

Signed:  February 11, 2008

Effective:  July 01, 2008

Chapter: 107

Affects:

Amends Sections 18-1-1 and 18-1.3.1 of the South Dakota Codified Laws

Changes:
  1. Authorizes the Secretary of State to appoint as a Notary a resident of a county bordering South Dakota who has a place of work or business in the state.
  2. Repeals a previous provision allowing a Notary whose seal contains the commission expiration date to use such seal until the Notary’s commission expires.
  3. Repeals a previous clarification that any device used to imprint the date of the Notary’s commission expiration is separate and apart from the Notary’s official seal.
  4. Makes minor conforming changes.
Analysis:

Previously, South Dakota allowed non-residents to become Notaries, but the law did not formally permit it. Now, House Bill 1030 expressly contains this authorization. The amendments to the seal statute streamline the statute and clarify that the commission expiration date must not appear within the seal; this is intended to spare the Notary the expense of replacing the seal each time the commission expires. One substantive change is the repeal of a “grandfather clause” that allowed Notaries to use an official seal that contained a commission expiration date until their current commissions expired. The law now requires the commission expiration date to be either written by hand or imprinted with a separate stamp or device below the seal’s imprint — if a space is not otherwise provided for this date to be written in.

Read the bill text.

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