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SB 2144

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.

69th Legislative Assembly (2025-26) Introduced by Jeff Barta and 4 co-sponsors

SB 2144 updates ND law for professional employer organizations, tightens confidentiality, caps notary fees, and refines trade-name rules and state record retention.

Filed with Secretary Of State 03/18
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Bill Summary · SB 2144

Summary — SB 2144 (North Dakota)

Status: Filed with Secretary of State 03/18/2025; introduced March 10, 2025.
Primary sponsors: Senators Klein, Barta, Roers; Representatives Schauer, Warrey. (Industry & Business Committee report adopted Jan. 27, 2025.)

Purpose

SB 2144 updates several provisions of the North Dakota Century Code governing: professional employer organization (PEO) licensure filings, confidentiality of certain records maintained by the Secretary of State, notary public notification and allowable fees, trade name registration and cancellation rules, and related Secretary of State fees and record-retention rules. The bill also repeals two statutory provisions concerning exempt records and creates/clarifies infractions for unauthorized fees.

Key provisions and changes

  • Professional Employer Organization (Chapter 43-55)
    • Expands the required information in PEO licensure applications to include:
    • PEO name(s) and doing-business-as names;
    • organizational form and jurisdiction of formation;
    • principal business address and in-state office addresses;
    • taxpayer/employer identification number;
    • fiscal year end date;
    • list of jurisdictions where the PEO operated in the prior 5 years (including predecessor/successor names);
    • ownership statement identifying persons owning/controlling ≥25% equity (name and address);
    • management statement identifying senior executives (name and address);
    • bond as required by §43-55-05; and
    • copy of the employer quarterly contribution & wage report to Job Service ND for the most recent quarter (or, if not filed, the bond required by §43-55-05).
  • Confidentiality (Section 43-55-09)
    • Social security numbers and federal tax identification numbers in PEO applications are confidential and must be deleted/obscured before public release.
    • Audited financial reports and employers' quarterly contribution & wage reports submitted under the chapter are confidential except as needed for administration by the Secretary of State or the Attorney General.
  • Notaries (Sections 44-06.1-20 and 44-06.1-28)
    • Secretary of State must notify each notary at least 30 days before commission expiration, in a manner prescribed by the Secretary of State, addressed to the last-known residence.
    • Notary fees: maximum $5 per notarial act. Charging more is an infraction.
    • It is an infraction for anyone other than the notary to impose/collect fees related to notarization.
    • Travel fees allowed only if agreed to in advance and explained as separate from the notarial fee.
    • Technology fees for remote notarization are allowed if: the notary actually incurred technology costs; the fee does not exceed the notary’s actual cost; the fee is agreed to in advance; and the notary explains the fee is separate from the notarial fee.
  • Trade names (Chapter 47-25)
    • Fees: $25 for original registration, $25 for assignment, $10 for consent to use or other change.
    • Registrations last 5 years and may be reregistered within 90 days before expiration.
    • Secretary of State must notify registrant at least 90 days before expiration (in manner prescribed by Secretary of State).
    • Secretary may destroy registration/renewal records one year after expiration.
    • Cancellation: Secretary must cancel registrations on voluntary request, court findings (abandonment, nonownership, improper/grant obtained by fraud, confusing similarity), court orders, when registering entity has ceased to exist for 6 months, or for material misrepresentations.
  • Repeals and other changes
    • Repeals sections 45-11-10 and 47-25-08 (both described as relating to exempt records maintained by the Secretary of State).
    • The bill also amends section 54-09-04 (text of that amendment not included in the provided excerpt).

Who is affected

  • Professional employer organizations seeking licensure in North Dakota (additional disclosure and documentation requirements; some submissions kept confidential).
  • Notaries public and persons requesting notarial acts (fee limits, allowable travel/technology fees, notification before commission expiration).
  • Businesses registering trade names and users of Secretary of State services (fees, renewal/cancellation process, record-retention rules).
  • Secretary of State’s office (new notification duties, confidentiality redaction duties, record-destruction authority).

Penalties and compliance

  • Charging more than $5 for a notarial act, or non-notary collection of notarization fees, is an infraction.
  • Other compliance requirements (bonding, filings) carry existing administrative enforcement per the underlying chapters.

Procedural/timeline notes

  • Committee report adopted Jan. 27, 2025 (Industry & Business Committee).
  • Bill filed with the Secretary of State March 18, 2025 after introduction on March 10, 2025.
  • Some actions and amendments reflected across engrossed/enrolled versions; one referenced section (54-09-04) is listed as amended although full text change was not included in the materials provided.

If you want, I can produce a one-page checklist of compliance steps for PEOs, notaries, and trade-name registrants based on SB 2144.

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

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