Session Law Chapter 4
CHAPTER 4
(HB 1069)
Fees increased for the Office of the Secretary of State.
FOR AN ACT ENTITLED, An Act to
increase certain fees charged by the Office of the
Secretary of State.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1.
That
§
1-8-10
be amended to read as follows:
1-8-10.
The secretary of state shall charge the following fees for services performed in the
Office of the Secretary of State and shall collect the fees in advance:
(1)
For filing, recording, and safekeeping of any instrument or paper required by law to
be filed and recorded in the office, one dollar per page;
(2)
For making a copy or transcript of any record, instrument, or paper
, except campaign
finance reports,
on file in the office, one dollar per page;
(3)
(2)
For filing and safekeeping of any instrument or paper required by law to be filed
only,
one dollar
ten dollars
; except the oath of office of members of the Legislature
and legislative officers, employees and governmental officers, employees and
agencies, for which there is no fee;
(4)
(3)
For each commission, requisition, passport, or other document, signed by the
Governor and attested by the secretary of state, under the great seal of the state,
except commissions issued for executive appointment and extraditions, and making
the proper record for the same, five dollars;
(5)
(4)
For filing application, bond, and issuing commission of notary public,
twenty-five
thirty
dollars;
(6)
(5)
For official certificate, attestation, and impression of the great seal, five dollars;
(7)
(6)
For filing or recording any other instrument or document,
one dollar
ten dollars
; and
(8)
(7)
For a certified copy of any document, instrument, or paper on file in the office, one
dollar per page and
ten
fifteen
dollars for the certificate and affixing the seal.
However, there is no fee to any state government agency pursuant to subdivision (1)
or (2)
.
Section 2.
That
§
1-8-12
be amended to read as follows:
1-8-12.
The secretary of state shall charge a fee of
twenty
fifty
dollars for
any
expedited
services
service. Expedited service is defined as completion sooner than the normal course of
business upon request
.
Section 3.
That
§
2-12-3
be amended to read as follows:
2-12-3.
Each lobbyist who registers and is employed pursuant to this chapter shall pay to the
secretary of state an annual registration fee of
thirty-five
forty
dollars for each employer
represented by the lobbyist.
Upon payment, the lobbyist's name shall be registered by the
secretary of state in the directory provided by § 2-12-2, and the lobbyist is entitled to one copy
of the official directory of the current year's legislative session. A fee of ten dollars may be
charged for a weekly copy of an updated directory of lobbyists. All fees collected shall be
deposited by the secretary of state with the state treasurer and credited to the general fund.
Any lobbyist who registers pursuant to this section is exempt from the one dollar filing fee
prescribed in subdivision 1-8-10(3).
Section 4.
That
§
2-12-11
be amended to read as follows:
2-12-11.
On or before July first of each year,
every
each
registered lobbyist and
every
each
employer of a registered lobbyist whose name appears in the directory in that year shall submit
to the secretary of state a complete and detailed report of all costs incurred for the purpose of
influencing legislation. However, the personal expenses of the lobbyist spent upon
his
the
lobbyist's
own meals, travel, lodging, phone calls or other necessary personal needs while in
attendance at the legislative session need not be reported. The reports shall be personally sworn
to by the person making the report in the presence of a notary public. The secretary of state shall
prescribe concise and simple forms for reporting costs and expenses for lobbyists and the
employers of lobbyists. The completed reports shall be open to public inspection.
"Costs"
The
terms, costs,
and
"
expenses
"
,
as used in this section do not mean the compensation paid by the
employer to the lobbyist.
Any lobbyist expense report filed pursuant to this section is exempt from the ten dollar filing
fee prescribed in subdivision 1-8-10(2).
Section 5.
That
§
15-7-7
be amended to read as follows:
15-7-7.
Service of process as authorized by § 15-7-6 shall be made by serving a copy thereof
upon the secretary of state, or by filing the copy in the office of the secretary of state, together
with payment of a fee of
ten
fifteen
dollars. The service shall be sufficient service upon the
absent resident or the nonresident or the resident's or nonresident's personal representative if the
notice of the service and a copy of the process are within ten days thereafter sent by mail by the
plaintiff to the defendant at the defendant's last-known address and that the plaintiff's affidavit
of compliance with the provisions of this section is attached to the summons. The secretary of
state shall keep a record of any process so served. The record shall show the day and hour of
such
the
service. The fee of
ten
fifteen
dollars paid by the plaintiff to the secretary of state at the
time of service of the process shall be recovered as taxable costs if the plaintiff prevails in the
suit.
Section 6.
That
§
18-1-1
be amended to read as follows:
18-1-1.
The secretary of state shall appoint notaries public, who have residence in this state
as defined in § 12-1-4. A notary public shall hold office for 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
twenty-five
thirty
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 by law. The secretary of state may not appoint as a notary
public any person who has been convicted of a felony. The secretary of state may also appoint
an applicant as a notary public if the applicant resides in a county bordering South Dakota and
the applicant's place of work or business is within the State of South Dakota.
Section 7.
That
§
37-6-5
be amended to read as follows:
37-6-5.
Subject to the limitations set forth in §§ 37-6-6 to 37-6-11, inclusive, any person
who adopts and uses a mark in this state may file in the Office of the Secretary of State, on a
form to be furnished by the secretary of state, an application for registration of that mark setting
forth the following information:
(1)
The name and business address of the person applying for the registration; and, if a
corporation, the state of incorporation;
(2)
The goods or services in connection with which the mark is used and the mode or
manner in which the mark is used in connection with the goods or services and the
class in which the goods fall;
(3)
The date when the mark was first used anywhere and the date when it was first used
in this state by the applicant or the applicant's predecessor in business; and
(4)
A statement that the applicant is the owner of the mark and that no other person has
the right to use the mark in this state either in the identical form thereof or in such
near resemblance thereto as might be calculated to deceive or to be mistaken therefor.
The application shall be signed under oath by the applicant or by a member of the firm or
an officer of the corporation or association applying. The application shall be accompanied by
a specimen or facsimile of the mark in duplicate no larger than eight and one-half inches by
eleven inches. The application for registration shall be accompanied by a filing fee of one
hundred
twenty-five
dollars, payable to the secretary of state.
Section 8.
That
§
37-6-14
be amended to read as follows:
37-6-14.
Registration of a mark under § 37-6-13 is effective for a term of four years from
the date of registration. Upon application filed within six months prior to the expiration of the
term, on a form to be furnished by the secretary of state, the registration may be renewed for a
like term. A renewal fee of one hundred
twenty-five
dollars, payable to the secretary of state,
shall accompany the application for renewal of the registration. A mark registration may be
renewed for successive periods of four years in like manner.
Section 9.
That
§
37-6-17
be amended to read as follows:
37-6-17.
A mark and its registration under § 37-6-13 is assignable with the good will of the
business in which the mark is used, or with that part of the good will of the business connected
with the use of and symbolized by the mark. Assignment shall be by instruments in writing duly
executed and may be recorded with the secretary of state upon the payment of a fee of one
hundred
twenty-five
dollars payable to the secretary of state. Upon recording of the assignment,
the secretary of state shall issue in the name of the assignee a new certificate for the remainder
of the term of the registration or of the last renewal thereof. An assignment of any registration
under § 37-6-13 is void as against any subsequent purchaser for valuable consideration without
notice unless it is recorded with the secretary of state within three months after the date thereof
or prior to the subsequent purchase.
Section 10.
That
§
43-27-1
be amended to read as follows:
43-27-1.
The owner of any farm, ranch, or home in this state may, upon the payment of
ten
fifteen
dollars to the secretary of state, have the name of the farm, ranch, or home entered and
recorded in a register. The secretary of state shall keep the register and furnish the owner a
certificate setting forth the name and location of the farm, ranch, or home and the name of the
owner.
Section 11.
That
§
43-44-6
be amended to read as follows:
43-44-6.
The fee of the secretary of state for filing the application and issuing certificate of
registration, alteration, or cancellation shall be
fifty
seventy-five
dollars.
The fee for filing any assignment or other transfer of registration shall be ten dollars.
The fee for searches, certified copies, and other official acts of the secretary of state,
required under the provisions of this chapter, shall be the same as provided by law for similar
services except as otherwise specifically provided in this chapter.
Section 12.
That
§
47-1A-122
be amended to read as follows:
47-1A-122.
The Office of the Secretary of State shall collect the following fees when the
documents described in this section are delivered for filing:
(1)
Articles of incorporation,
$125
$150
;
(2)
Application for use of indistinguishable name,
$20
$25
;
(3)
Application for reserved name,
$20
$25
;
(4)
Notice of transfer of reserved name,
$10
$15
;
(5)
Application for registered name,
$12
$25
;
(6)
Application for renewal of registered name,
$10
$15. A renewal application may be
filed between the first day of October and the thirty-first day of December in each
year and shall extend the registration for the following year
;
(7)
to (9) Repealed by SL 2008, ch 275, § 27;
(10)
Articles of domestication,
$125
$150
;
(11)
Articles of charter surrender,
$125
$150
;
(12)
Articles of domestication and conversion,
$125
$150
;
(13)
Articles of entity conversion,
$125
$150
;
(14)
Amendment of articles of incorporation,
$50
$60
;
(15)
Restatement of articles of incorporation,
$50
$60
;
(16)
Articles of merger or share exchange,
$50
$60
;
(17)
Articles of dissolution, $10;
(18)
Articles of revocation of dissolution, $10;
(19)
Certificate of administrative dissolution, no charge;
(20)
Application for reinstatement following administrative dissolution, plus any
delinquent annual report filing fees for the period prior to the reinstatement
application,
$250
$300
;
(21)
Certificate of reinstatement, no charge;
(22)
Certificate of judicial dissolution, no charge;
(23)
Application for certificate of authority,
$550
$750
;
(24)
Application for amended certificate of authority,
$200
$250
;
(25)
Application for certificate of withdrawal, $10;
(26)
Application for transfer of authority,
$20
$25
;
(27)
Certificate of revocation of authority to transact business, no charge;
(28)
Annual report,
$30
$50
;
(29)
Articles of correction,
$20
$25
;
(30)
Application for certificate of existence or authorization,
$15
$20
;
(31)
Any other document required or permitted to be filed by this chapter, $20.
The Office of the Secretary of State shall collect a fee of
twenty-five
thirty
dollars each time
process is served on the Office of the Secretary of State under this chapter. The party to a
proceeding causing service of process is entitled to recover this fee as costs if the party prevails
in the proceeding.
Section 13.
That
§
47-14A-57
be amended to read as follows:
47-14A-57.
No
documents
document
required to be filed under this section
becomes
is
effective until the applicable fee required by this section is paid. The
secretary of state may
promulgate rules, pursuant to chapter 1-26, relating to the actual fee to be charged for the use
of this state consistent with this section:
(1)
Upon the receipt for filing of an application for reservation of name, and application
for renewal of reservation, or notice of transfer or cancellation of reservation
pursuant to this chapter, a fee not to exceed fifty dollars;
(2)
Upon the receipt for filing of a certificate of trust, a certificate of amendment, a
certificate of cancellation or a certificate of merger or consolidation, a certificate of
correction, a corrected certificate, a certificate of termination or amendment or a
restated certificate, a fee not to exceed one hundred dollars;
(3)
For certifying copies of any paper on file as provided for by this section, a fee not to
exceed ten dollars for each copy certified;
(4)
For issuing further copies of instruments on file, whether certified or not, a fee not
to exceed one dollar per page; and
(5)
Upon the receipt for filing of a certificate under this chapter, a fee not to exceed fifty
dollars.
In addition to such fees, there may be collected by and paid to the secretary of state the
following:
(1)
For all services described above that are requested to be completed within the same
day as the day of the request, an additional fee not to exceed two hundred dollars; and
(2)
For all services described above that are requested to be completed within a
twenty-four-hour period from the time of the request, an additional fee not to exceed
one hundred dollars
following fees shall be paid to and collected by the secretary of
state for the use of the state:
(1) Application for reservation of name, $50;
(2) Application for renewal of reservation, $50;
(3) Notice of transfer or cancellation of reservation, $50;
(4) Certificate of trust, $125;
(5) Certificate of amendment, $125;
(6) Certificate of cancellation, $125;
(7) Certificate of merger or consolidation, $125;
(8) Certificate of correction, $125;
(9) Certificate of termination or amendment or a restated certificate, $125; and
(10) All other certificates filed under this chapter, $50
.
Section 14.
That
§
47-14B-22
be amended to read as follows:
47-14B-22.
No document required to be filed under this chapter
shall be
is
effective until
the applicable fee required by this section is paid. The following fees shall be paid to and
collected by the secretary of state for the use of the state:
(1)
Upon receipt for filing of an application for registration as a foreign business trust,
a certificate, or a certificate of cancellation, a fee
not to exceed fifty
of one hundred
twenty-five
dollars; and
(2)
Upon the receipt for filing of a certificate, a fee
not to exceed
of
fifty dollars.
Section 15.
That
§
47-28-6
be amended to read as follows:
47-28-6.
The secretary of state shall charge and collect for:
(1)
Filing articles of incorporation and issuing a certificate of incorporation,
twenty-five
thirty
dollars;
(2)
Filing articles of amendment and issuing a certificate of amendment,
ten
fifteen
dollars;
(3)
Filing articles of merger or consolidation and issuing a certificate of merger or
consolidation,
ten
fifteen
dollars;
(4)
Repealed by SL 2008, ch 275, § 72;
(5)
Filing articles of dissolution, five dollars;
(6)
Filing an application of a foreign corporation for a certificate of authority to conduct
affairs in this state and issuing a certificate of authority, one hundred
twenty-five
dollars;
(7)
Filing an application of a foreign corporation for an amended certificate of authority
to conduct affairs in this state and issuing an amended certificate of authority,
twenty
twenty-five
dollars;
(8)
Filing an application for withdrawal of a foreign corporation and issuing a certificate
of withdrawal, five dollars;
(9)
Filing any other statement or report, including an annual report, of a foreign
corporation, ten dollars;
(10)
Filing an annual report of a domestic nonprofit corporation under chapter 47-24, ten
dollars;
and
(11)
Filing a petition for reinstatement and issuing a certificate of reinstatement,
twenty-
five
thirty
dollars
; and
(12) Filing a notice of sale, transfer, or merger, fifteen dollars
.
Section 16.
That
§
47-28-7
be amended to read as follows:
47-28-7.
The secretary of state shall charge and collect, at the time of any service of process
on the secretary of state as resident agent of a corporation,
twenty-five
thirty
dollars, which
amount may be recovered as taxable costs by the party to the suit or action causing the service
to be made if the party prevails in the suit or action.
Section 17.
That
§
47-28-8
be amended to read as follows:
47-28-8.
The secretary of state shall charge and collect for furnishing a certified copy of any
document, instrument, or paper relating to a corporation, one dollar per page, and
ten
fifteen
dollars for the certificate and affixing the seal thereto.
Section 18.
That
§
47-34A-212
be amended to read as follows:
47-34A-212.
The secretary of state shall charge and collect for:
(a)
Filing the articles of organization in the case of a domestic limited liability company,
a filing fee of one hundred
twenty-five
fifty
dollars. Filing the articles of organization
in the case of a foreign limited liability company, a filing fee of
five
seven
hundred
fifty dollars;
(b)
Deleted by SL 2004, ch 279, § 2.
(c)
A reporting fee of fifty dollars, due and payable with the filing of each annual report.
Section 19.
That
§
47-34A-811
be amended to read as follows:
47-34A-811.
(a) A limited liability company administratively dissolved may apply to the
secretary of state for reinstatement after the effective date of dissolution. The applicant shall
submit with the application the appropriate filing fee. The secretary of state shall
base
charge
filing fees
on
for
any delinquent annual
reports
report
and
fees for the period prior to the
reinstatement application
a fee for application of reinstatement in the amount of one hundred
fifty dollars
. The application must:
(1)
Recite the name of the company and the effective date of its administrative
dissolution;
(2)
State that the ground for dissolution either did not exist or have been eliminated;
(3)
State that the company's name satisfies the requirements of § 47-34A-105; and
(4)
Contain a certificate from the appropriate state authority reciting that all taxes owed
by the company have been paid.
(b) If the secretary of state determines that the application contains the information required
by subsection (a) and that the information is correct, the secretary of state shall cancel the
certificate of dissolution and prepare a certificate of reinstatement that recites this determination
and the effective date of reinstatement, file the original of the certificate, and serve the company
with a copy of the certificate.
(c) When reinstatement is effective, it relates back to and takes effect as of the effective date
of the administrative dissolution and the company may resume its business as if the
administrative dissolution had never occurred.
Section 20.
That
§
47-34A-1206
be amended to read as follows:
47-34A-1206.
The secretary of state may charge the following fees:
(a)
For amending or restating the articles of organization in the case of a domestic
limited liability company, a filing fee of
fifty
sixty
dollars. For amending the
registration in the case of a foreign limited liability company, a filing fee of
five
seven
hundred fifty dollars;
(b)
For filing articles of termination, ten dollars;
(c)
For filing articles of merger,
fifty
sixty
dollars;
(d)
For filing a statement of dissociation, ten dollars;
(e)
For filing an application to reserve a name,
twenty
twenty-five
dollars;
(f)
For issuing a certificate of existence,
fifteen
twenty
dollars;
(g)
For filing an application for registration of name,
one dollar for each month, or
fraction thereof, between the date of filing such application and December thirty-first
of the calendar year in which such application is filed
twenty-five dollars
;
(h)
For filing an annual renewal of registration, a limited liability company which has in
effect a registration of its name, may renew such registration from year to year by
annually filing an application for renewal setting forth the facts required to be set
forth in an original application for registration and a certificate of good standing as
required for the original registration and by paying a fee of
ten
fifteen
dollars. A
renewal application may be filed between the first day of October and the thirty-first
day of December in each year and shall extend the registration for the following year;
(i)
For acting as agent for service of process the secretary of state shall charge and
collect at the time of such service
twenty-five
thirty
dollars which may be recoverable
as taxable costs by the party to the suit or action causing the service to be made if the
party prevails in the suit or action.
Section 21.
That
§
48-7-206.1
be amended to read as follows:
48-7-206.1.
The provisions of § 1-8-10 notwithstanding, the fee for filing any document
required under this chapter with the secretary of state is one hundred
twenty-five
dollars.
Section 22.
That
§
48-7A-1003
be amended to read as follows:
48-7A-1003.
(a) A limited liability partnership, and a foreign limited liability partnership
authorized to transact business in this state, shall file an annual report pursuant to §§ 59-11-24
to 59-11-26, inclusive.
(b) Repealed by SL 2008, ch 275, § 86.
(c) The secretary of state may revoke the statement of qualification of a partnership that fails
to file an annual report when due or pay the required filing fee. To do so, the secretary of state
shall provide the partnership at least sixty days' written notice of intent to revoke the statement.
The notice must be mailed to the partnership at its chief executive office set forth in the last
filed statement of qualification or annual report. The notice must specify the annual report that
has not been filed, the fee that has not been paid, and the effective date of the revocation. The
revocation is not effective if the annual report is filed and the fee is paid before the effective
date of the revocation.
(d) A revocation under subsection (c) only affects a partnership's status as a limited liability
partnership and is not an event of dissolution of the partnership.
(e) A partnership whose statement of qualification has been revoked may apply to the
secretary of state for reinstatement within two years after the effective date of the revocation.
The applicant shall submit with the application the filing fee of one hundred
twenty-five
dollars,
plus any delinquent annual reports and fees for the period prior to the reinstatement application.
The application must state:
(1)
The name of the partnership and the effective date of the revocation; and
(2)
That the ground for revocation either did not exist or has been corrected.
(f) A reinstatement under subsection (e) relates back to and takes effect as of the effective
date of the revocation, and the partnership's status as a limited liability partnership continues as
if the revocation had never occurred.
Section 23.
That
§
48-7A-1208
be amended to read as follows:
48-7A-1208.
The provisions of § 1-8-10 notwithstanding, the fee for filing the statements
and reports provided for in the following sections with the secretary of state is as follows:
(1)
Section 48-7A-303, Statement of Authority, one hundred
twenty-five
dollars;
(2)
Section 48-7A-304, Statement of Denial, ten dollars;
(3)
Section 48-7A-704, Statement of Dissociation, ten dollars;
(4)
Section 48-7A-805, Statement of Dissolution, ten dollars;
(5)
Section 48-7A-907, Statement of Merger,
fifty
sixty
dollars;
(6)
Section 48-7A-1001, Statement of Qualification, one hundred
twenty-five
dollars;
(6A)
Section 48-7A-1001, Statement of Change, ten dollars;
(7)
Section 48-7A-1003, Annual Report,
thirty
fifty
dollars;
(8)
Section 48-7A-1001.1, Statement of Amendment,
ten
fifteen
dollars;
(9)
Section 48-7A-1001.2, Statement of Cancellation, ten dollars;
(10)
Section 48-7A-1102, Statement of Foreign Qualification, one hundred
twenty-five
dollars;
(11)
Section 48-7A-1102.1, Statement of Amendment
, ten
of Foreign Qualification,
fifteen
dollars;
(12)
Section 48-7A-1102.2, Statement of Cancellation, ten dollars; and
(13)
Filing any other statement, ten dollars.
Each limited liability partnership, domestic or foreign, that fails or refused to file its annual
report for any year within the time prescribed is subject to a penalty of fifty dollars to be
assessed by the secretary of state.
Section 24.
That
§
57A-9-525
be amended to read as follows:
57A-9-525.
(a) Except as otherwise provided in subsection (e), the fee for filing and
indexing a record under this part, other than an initial financing statement of the kind described
in subsection (b), is the amount specified in subsection (c), if applicable, plus:
(1)
Twenty
Twenty-five
dollars if the record is communicated in writing and consists of
one page, and
four
five
dollars for additional pages. One dollar of this fee shall be
deposited into the financing statement filing fee fund;
(2)
Fifteen
Twenty
dollars if the record is communicated by internet. One dollar of this
fee shall be deposited into the financing statement filing fee fund; and
(3)
Twenty
Twenty-five
dollars if the record is communicated by another medium
authorized by filing-office rule.
(b) Except as otherwise provided in subsection (e), the fee for filing
, whether communicated
in writing, electronically, or another medium authorized by filing-office rule,
and indexing an
initial financing statement of the following kind is the amount specified in subsection (c), if
applicable, plus:
(1)
Thirty
Forty
dollars if the financing statement indicates that it is filed in connection
with a public-finance transaction;
(2)
Thirty
Forty
dollars if the financing statement indicates that it is filed in connection
with a manufactured-home transaction.
(c) Except as otherwise provided in subsection (e), if a record is communicated in writing
or electronically, the fee for each name more than one required to be indexed is
two
three
dollars.
(d) The fee for responding to a request for information from the filing office, including for
issuing a certificate showing whether there is on file any financing statement naming a particular
debtor, is:
(1)
Twenty dollars if the request is communicated in writing; and
(2)
Ten dollars if the request is communicated by internet authorized by filing-office
rule.
Upon request the filing officer shall furnish a copy of any filed financing statement or
statement of assignment for a uniform fee of one dollar per page.
(e) This section does not require a fee with respect to a record of a mortgage which is
effective as a financing statement filed as a fixture filing or as a financing statement covering
as-extracted collateral or timber to be cut under § 57A-9-502(c). However, the recording and
satisfaction fees that otherwise would be applicable to the record of the mortgage apply.
Signed March 9, 2009