(HB 1096)
Terms of notaries public reduced
and required surety coverage increased.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
18-1-1
be amended to read as follows:
18-1-1.
The secretary of state shall appoint one or more notaries public, who shall hold
their
office for
eight
six
years unless sooner removed by the secretary of state.
An applicant to become
a notary public shall complete an application form as prescribed by the secretary of state pursuant
to chapter 1-26. The applicant shall submit a fee of ten dollars. The application shall include the
applicant's name, street, city, state, zip code, county, and date of birth. The applicant shall apply
in the same name as that which will appear as the seal imprint.
Each notary may, anywhere in this
state, administer oaths and perform all other duties required
of him
by law.
The secretary of state
may not appoint as a notary public any person who has been convicted of a felony.
Section
2.
That
§
18-1-2
be amended to read as follows:
18-1-2.
Each notary public
,
before
entering on
performing
the duties of
his
the
office, shall take
an oath as required by
§
3-1-5, and shall give a bond to this state, to be approved by the attorney
general
with one or more sureties
, in the penal sum of five
hundred
thousand
dollars, conditioned
for the faithful discharge of the duties of
his
the
office.
Section
3.
That
§
18-1-9
be amended to read as follows:
18-1-9.
Notaries public
are entitled to
may
charge and receive a fee not to exceed
two
ten
dollars for each instrument notarized.
Section
4.
That
§
18-1-13
be amended to read as follows:
18-1-13.
Any notary public who
commits
is convicted of committing
an act which is
designated as a
Class 2
misdemeanor in this chapter
or any felony
shall be removed from office
by the secretary of state.
Section
5.
That chapter 18-1 be amended by adding thereto a NEW SECTION to read as
follows:
It is a Class 1 misdemeanor for a person to act as a notary public or to affix a signature to a
document as a notary public if the person has not first obtained a commission from the secretary
of state pursuant to this chapter.
Section
6.
That chapter 18-1 be amended by adding thereto a NEW SECTION to read as
follows:
It is a Class 1 misdemeanor for a person to affix a signature to a document as a notary public
when the person has also signed the document as a party to the transaction proceeding.
Signed March 19, 1997.
