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.
SB 2144 makes a series of mostly administrative and fee-related changes to North Dakota law governing business filings and secretary of state services. It updates the information required from applicants for professional employer organization licensure, including ownership, management, and recent job service reporting, and clarifies that certain financial and wage reports are confidential. The bill also revises notice requirements for notary public commission expiration and trade name registration expiration, and it adjusts the rules for notary fees, including travel fees and technology fees for remote or electronic notarizations.
The bill further changes trade name cancellation procedures by clarifying when the secretary of state must cancel a registration and requiring notice before cancellation for material misrepresentation. It also revises the secretary of state fee schedule for copies, certifications, record searches, filings, and compiled information, while preserving exemptions for certain public officers and specific databases. The bill includes a penalty provision tied to the notary fee section, making excessive notary charges an infraction and prohibiting unauthorized fees connected to notarization.
SB 2144 amends several chapters of the North Dakota Century Code affecting professional employer organizations, notaries public, trade names, and secretary of state fee authority. It expands disclosure requirements for PEO licensure, protects additional application and wage-report information as confidential, and changes administrative notice and cancellation procedures for trade names. It also modifies fee caps and allowable charges for notarial acts and updates the secretary of state’s filing and records fees, which affects businesses, notaries, and filers interacting with the secretary of state’s office.
The bill appears to have broad support and little visible opposition. It passed the Senate unanimously and the House by a wide margin, with only two negative votes in the House. The available record contains no committee testimony or recorded debate, suggesting the measure was treated as a largely technical or administrative cleanup bill rather than a controversial policy change.
The main points that could draw attention are the new confidentiality rules for professional employer organization financial and wage reports, the expanded authority to charge travel and technology fees for notarial acts, and the revised fee schedule for secretary of state services. Potential concerns would likely come from affected businesses, notaries, or filers over added compliance obligations or higher costs, but the voting record shows no significant organized opposition in the available materials.