North DakotaSB 21442025 Regular SessionSenateWALLET

AN ACT to amend and reenact subsection 2 of section 43-55-03, section 43-55-09, subsection 8 of section 44-06.1-20, and sections 44-06.1-28, 47-25-04, 47-25-07, and 54-09-04 of the North Dakota Century Code, relating to information required in applications for professional employer services licensure, confidential records maintained by the secretary of state, notification provided to and fees charged by a notary public, notification provided to the registrant of a trade name, and fees charged by the secretary of state; and to provide a penalty.

Sponsored By: Jerry Klein (Republican)

Became Law

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 1 costs, 3 mixed.

Notaries get 30-day expiration notice

The secretary of state must notify each notary at least 30 days before the commission expires. The notice goes to the notary’s last-known home address. The delivery method is set by the secretary of state.

New Secretary of State service fees

Copies cost 50 cents per page. Affixing the secretary’s signature and seal costs $10. Filing a certificate of appointment of attorney costs $5; searches cost $5; filing any paper transaction not otherwise listed costs $10. Listings or compilations cost $40 per record type and are delivered electronically unless you agree otherwise; paper copies may add 50 cents per page. Rejected filings may be charged $5 or 50% of the filing fee, up to $100. Oaths of office for individuals and official state or county filings are free. These fees do not apply to certain computerized central filing systems. Collected fees go to the state treasury monthly.

Notary fees capped at $5

A notary may charge up to $5 for each notarization. Charging more is an infraction. Only the notary may collect notarization fees. A notary can charge a travel fee if you agree first and the notary explains it is separate from the notarial fee. For remote notarizations, a notary may charge a technology fee equal to actual tech costs if you agree first and the notary explains it is separate.

Professional employer license filings and privacy

Professional employer organizations applying for a North Dakota license must submit detailed business information. They must provide names and any assumed names, company type and home state, main and North Dakota office addresses, tax or employer ID, fiscal year end, five years of operations, any owners with 25% or more, and senior officers. They must provide the required bond and include their most recent wage and contribution report to Job Service North Dakota, or submit a bond if no report exists. The secretary of state must hide Social Security numbers and federal tax IDs before releasing application copies. Audited financial reports and Job Service wage reports are confidential and may be shared only as needed to run the law.

Trade name fees, renewals, and cancellations

Registering a trade name costs $25; assigning one also costs $25. Consent to use a similar name or other changes costs $10. A registration lasts five years and you may renew in the 90 days before it expires. The secretary of state must send a notice at least 90 days before expiration and may destroy records one year after expiration. The secretary must cancel a trade name after a voluntary request, a court order, or for abandonment, fraud, improper grant, confusing similarity, or when an entity has ceased to exist for six months. For cancellations due to misrepresentation, the office must give at least 30 days’ notice to the registrant and affected parties. The law also repeals two related code sections.

Sponsors & Cosponsors

Sponsor

  • Jerry Klein

    Republican • Senate

Cosponsors

  • Austen Schauer

    Republican • House

  • Jonathan Warrey

    Republican • House

  • Jeff Barta

    Republican • Senate

  • Kristin Roers

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 134 • No: 2

House vote 3/11/2025

Second reading, passed, yeas 89 nays 2

Yes: 89 • No: 2

Senate vote 1/30/2025

Second reading, passed, yeas 45 nays 0

Yes: 45 • No: 0

Actions Timeline

  1. Filed with Secretary Of State 03/18

    3/20/2025House
  2. Signed by Governor 03/18

    3/18/2025Senate
  3. Sent to Governor

    3/17/2025Senate
  4. Signed by President

    3/17/2025Senate
  5. Signed by Speaker

    3/14/2025House
  6. Returned to Senate

    3/12/2025Senate
  7. Second reading, passed, yeas 89 nays 2

    3/11/2025House
  8. Reported back, do pass, place on calendar 13 0 0

    3/10/2025House
  9. Committee Hearing 09:30

    3/10/2025House
  10. Introduced, first reading, referred Industry, Business and Labor Committee

    2/18/2025House
  11. Received from Senate

    1/31/2025House
  12. Second reading, passed, yeas 45 nays 0

    1/30/2025Senate
  13. Amendment adopted, placed on calendar

    1/29/2025Senate
  14. Reported back amended, do pass, amendment placed on calendar 5 0 0

    1/28/2025Senate
  15. Committee Hearing 09:00

    1/15/2025Senate
  16. Introduced, first reading, referred Industry and Business Committee

    1/7/2025Senate

Bill Text

  • Adopted by the Senate Industry and Business Committee

  • Enrollment

  • FIRST ENGROSSMENT

  • INTRODUCED

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