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Bill

Bill

HB 1192

remove the maximum fee permitted to be charged by a notary.

2025 Regular Session Introduced by Eric Emery and 6 co-sponsors

South Dakota eliminates the maximum fee cap for notary services, allowing notaries to charge any amount for document authentication and verification services.

Signed by the Governor on 2025-03-13 H.J. 543
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Bill Summary · HB 1192

Legislative bill overview

HB 1192 eliminates South Dakota's statutory cap on notary public fees, allowing notaries to charge whatever amount they deem appropriate for their services. Previously, South Dakota law limited the maximum fee a notary could charge per transaction. This bill removes that price ceiling entirely.

Why is this important

Notaries provide essential services for legal documents, real estate transactions, loan processing, and other critical paperwork. Removing fee caps affects everyday consumers and businesses that require notarization—potentially increasing costs for routine document authentication. The change also reflects a policy shift from consumer price protection to market-based pricing.

Potential points of contention

  • Consumer protection vs. market freedom: Removing caps may benefit notaries' income but could burden lower-income individuals and small businesses needing notary services, potentially creating affordability barriers
  • Market concentration concerns: Without price limits, notaries in rural or underserved areas with limited competition could charge excessive fees without alternatives
  • Fairness and access: Notary services are often required by law for certain transactions, making them mandatory expenses rather than optional services subject to competitive market dynamics

Compiled from official sources — confirm details with the bill’s official record.

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