reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:23 - Post-Election Audits › Section 5:02:23:08 - Opening receptacle or container

Current through Register Vol. 51, page 10, July 15, 2024
The receptical or container shall be opened and the ballots taken out, sorted by precinct (if necessary) so that all ballots on the post-election audit contests and questions are separately identified,
General Authority:
SDCL  12-1-9(4), (11).
Law Implemented:
SDCL  12-17B-18,  12-17B-25.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:23 - Post-Election Audits › Section 5:02:23:09 - Auditing procedures

Current through Register Vol. 51, page 10, July 15, 2024
The following procedure shall be used in auditing a precinct by hand-counting the ballots:
(1) The post-election auditing board shall review ballots for proper marking procedure according to the voting instructions below. The post-election auditing board shall determine the votes to count based on:
(a) a mark that is inside the oval on an optical scan ballot shall be counted as a vote;
(b) any mark on an optical scan ballot that does not touch the oval and is not in the oval may not be counted as a vote;
(c) a mark on an optical scan ballot that touches two or more ovals is considered an over-vote and not counted;
(d) any write-in vote may not be counted;
(e) Express votes are to be counted as shown on the Express vote ballot; and
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:23 - Post-Election Audits › Section 5:02:23:10 - Tally of ballots

Current through Register Vol. 51, page 10, July 15, 2024
As the vote is announced by a post-election auditing board member, one post-election auditing board member shall make the required mark on the post-election audit tally sheet outlined in §
									5:02:23:12. Another post-election auditing board member shall make the required mark on a duplicate post-election audit tally sheet.
General Authority:
SDCL  12-1-9(4), (11).
Law Implemented:
SDCL  12-17B-20.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:23 - Post-Election Audits › Section 5:02:23:11 - Use of tally sheets

Current through Register Vol. 51, page 10, July 15, 2024
The post-election auditing board shall use the tally sheet prescribed by §
									5:02:23:12  in the audit vote counting.
General Authority:
SDCL  12-1-9(4), (11).
Law Implemented:
SDCL  12-17B-20.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:23 - Post-Election Audits › Section 5:02:23:12 - Post-Election Audit Tally sheets

Current through Register Vol. 51, page 10, July 15, 2024
As shown below, a post-election audit tally sheets must be ruled by horizontal and perpendicular lines to form squares of suitable size to contain five tally marks each, four of which may be upright and the fifth crossing the others at an oblique angle. Each fifth perpendicular line in the ruling must be red, so that five squares for tally marks are contained between each two red lines. In a perpendicular column at the left margin of each post-election audit tally sheet sufficient space must be left to legibly print or write in ink the names of the contests audited, in the same order as on the official ballots used in the election. At the extreme right margin of the post-election audit tally sheet there must be a perpendicular column with sufficient space to label the column at the top of the post-election audit tally sheet as follows: "Total Votes."
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				  Here To View Image
General Authority:
SDCL  12-1-9(4), (11).
Law Implemented:
SDCL  12-17B-20.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:23 - Post-Election Audits › Section 5:02:23:13 - Certificate of Post-Election Audit

Current through Register Vol. 51, page 10, July 15, 2024
The Certificate of Post-Election Audit must be in the following form:
STATE OF SOUTH DAKOTA
)
) SS CERTIFICATE OF POST-ELECTION AUDIT
COUNTY OF _____________
)
WE, THE UNDERSIGNED members of the Post-Election Auditing board, do hereby certify the results of the audit for the following specified candidates or questions _______________________________________ for the election held on the ____ day of __________, _____. We completed the audit on the ____ day of __________, _____.
Precinct __________
Total Votes
Total Yes
Total No
Candidate Name
__________
Candidate Name
__________
Ballot Question Name
__________
__________
The following is a brief description of the proceedings of this post-election audit:
Signed by a majority of the recount board:
_____________________________
Post-Election Auditing Board Member
_____________________________
Post-Election Auditing Board Member
_____________________________
Post-Election Auditing Board Member (add more board member lines as necessary)
Attested under SEAL by the ______________ County Auditor:
____________________________
General Authority:
SDCL  12-1-9(4), (11).
Law Implemented:
SDCL  12-17B-18,  12-17B-20,  12-17B-22.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:23 - Post-Election Audits › Section 5:02:23:14 - Procedure for placing post-election audit voted ballots in the ballot receptacle or container

Current through Register Vol. 51, page 10, July 15, 2024
After the audit has been completed, the post-election auditing board shall place the audited voted ballots in the ballot receptacle or container keeping them separated in wrappers or envelopes and sealed as provided in §
									5:02:23:15.
General Authority:
SDCL  12-1-9(4), (11).
Law Implemented:
SDCL  12-17B-25.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:23 - Post-Election Audits › Section 5:02:23:15 - Form of the seal

Current through Register Vol. 51, page 10, July 15, 2024
Seal - A security mechanism using strategically placed serialized or tamper-evident materials that alert officials if a device used in the elections process has potentially been altered or accessed without authorization. The seal must be in the following form:
BALLOT RECEPTACLE OR CONTAINER SEAL
SIGNATURES OF POST-ELECTION AUDITING BOARD _________________________
(date) ____________________
(date) ____________________
(date) ____________________
(date) ____________________
Where ballots are counted by hand for a post-election audit, upon returning ballots to a receptacle or container after counting, the post-election auditing board shall sign these seals and affix the seals to the receptacle or container openings and upon all places where the receptacle or container may be opened except where the openings are sealed with a metal seal.
General Authority:
SDCL  12-1-9(4), (11).
Law Implemented:
SDCL  12-17B-25.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:23 - Post-Election Audits › Section 5:02:23:16 - Reimbursement of Post-Election Audit costs

Current through Register Vol. 51, page 10, July 15, 2024
The county Auditor shall submit Post-Election Audit expenses to the Secretary of State for reimbursement. The Auditor shall use the forms designated by the Secretary of State.
Reimbursable expenses for the audit, include but are not limited to: board member pay for conducting the audit and for training prior to the audit (if applicable), supplies, rental costs for the location to conduct the audit in, publication costs, ballot storage costs, travel (mileage), etc.
General Authority:
SDCL  12-1-9(4), (11).
Law Implemented:
SDCL  12-17B-19.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:02 - Central filing system › Section 5:04:02:07 - Requirements for central recording of real property liens

Current through Register Vol. 51, page 10, July 15, 2024
Each county register of deeds shall notify the secretary of state of the email address to which all recordings pursuant to SDCL  57A-9-501.2 shall be delivered. The register of deeds shall notify the secretary of state within one day of any change in the email address to which recordings pursuant to SDCL  57A-9-501.2 shall be delivered.
General Authority:
SDCL  57A-9-501.2.
Law Implemented:
SDCL  57A-9-501.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:03 - Notaries public › Section 5:04:03:02 and 5:04:03:03 - Form for notary public notification of change of seal and request to correct record. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:03 - Notaries public › Section 5:04:03:04 - Form for notary public request to change record

Current through Register Vol. 51, page 10, July 15, 2024
The form for Notary Public Request to Change Record is as follows:
NOTARY PUBLIC REQUEST TO CHANGE RECORD
Please Type or Print Clearly in Ink
No Filing Fee
Return to: Secretary of State, 500 East Capitol Ave., Pierre, SD 57501
Name as it appears on your commission ______________________________________
Additional name(s) commissionerd under _____________________________________
Date commission issued ___________________________________________________
County _________________________ Date of Birth ________________________
Email (optional) ____________________ Phone Number ______________________
Mark all boxes that apply:
CHANGE SEAL:
Make Imprint of New Seal Here
o I would like to use the new notary seal imprint shown. I intend to use both the new seal and my current notary seal. When I renew my commission, I am aware I will need to place an imprint of both notary seals on the application.
o I would like to discontinue the use of my current notary seal on file and use the imprint of the new notary seal shown.
CHANGE NAME:
o I would like to change my name on my notary public commission and will use the imprint of the new notary seal above. Complete the following:
Date of name change _________________________________________________
Changed by Court Order o Marriage o
New name ____________________________________________________
(as it appears on new notary seal)
CHANGE ADDERSS:
o I would like to change my physical address on file to the address below.
________________________________________________________________________
Physical Address City State Zip County
o I would like to change my mailing address on file to the address below.
________________________________________________________________________
Mailing Address City State Zip County
I hereby state that the above information is true and correct. I understand that I will not be able to use a new notary seal imprint until I am notified by the Secretary of State.
Dated ____________________ ________________________________________
Signature
(sign your name
EXACTLY
as found on your seal imprint)
File Date: ______________________
Commission Date:________________
Notary ID: ______________________
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				  Here To View Image
General Authority:
SDCL  18-1-1.
Law Implemented:
SDCL  18-1-1,  18-1-3.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Amendment," a UCC record that amends the information contained in a financing statement. Amendments may include assignments as well as one or more amendments. However, continuations and terminations must be separate statements;
(2) "Assignment," an amendment that assigns all or a part of a secured party's power to authorize an amendment to a financing statement;
(3) "Continuation statement," shall have the meaning prescribed by SDCL subdivision 57A-9-102(27);
(4) "Dakota Fast File 2," (DFF 2) is a computer access program which allows instant access to all UCC and EFS filings in the Secretary of State's office via internet;
(5) "Effective Financing Statement," (EFS) shall have the meaning prescribed by Section 7 USCA §
										1631(c)(4), in effect on July 1, 2001;
(6) "File number," shall have the meaning prescribed by SDCL subdivision 57A-9-519(a);
(7) "Filing office" and "filing officer," the Office of Secretary of State and the secretary of state;
(8) "Filing office correction statement," "a/k/a correction statement," a statement entered into the filing office's information system by the filing office to correct an error by the filing office;
(9) "Financing statement," shall have the meaning prescribed by SDCL subdivision 57A-9-102(39);
(10) "Individual," a human being or a decedent in the case of a debtor that is such decedent's estate;
(11) "Information statement," a UCC record submitted by a secured party or debtor that indicates that a financing statement is inaccurate or wrongfully filed;
(12) "Initial financing statement," a UCC record containing the information required on an initial financing statement that causes the filing office to establish the initial record of existence of a financing statement;
(13) "Organization," a legal person who is not an individual;
(14) "Remitter," a person who tenders a UCC record to the filing office for filing, whether the person is a filer or an agent of a filer responsible for tendering the record for filing. However, does not include a person responsible merely for the delivery of the record to the filing office, such as the postal service or a courier service but does include a service provider who acts as a filer's representative in the filing process;
(15) "Secured party of record," shall have the meaning prescribed in SDCL  57A-9-511;
(16) "Termination statement," shall have the meaning prescribed by SDCL subdivision 57A-9-102(80);
(17) "UCC," the Uniform Commercial Code as adopted in this state;
(18) "UCC record," an initial financing statement, an amendment, an assignment, a continuation, a termination, or an information statement and may not be deemed to refer exclusively to paper or paper-based writings.
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:02 - UCC record delivery

Current through Register Vol. 51, page 10, July 15, 2024
UCC records may be tendered for filing at the filing office. The types of delivery methods are as follows:
(1) Personal or courier delivery. The file time for a UCC record delivered by this method shall be that business day. However, if the record is delivered after 4:30 p.m. Central Time, the filing time shall be the next day the filing office is open for business even though the UCC record may be subsequently rejected;
(2) Postal service delivery. The file time for a UCC record delivered by this method shall be that business day. However, if the record is delivered after 4:30 p.m. Central Time, the filing time shall be the next day the filing office is open for business even though the UCC record may be subsequently rejected;
(3) Expedited service. The file time for a UCC record when expedited service is requested shall be the time of the business day that the expedited service is requested and the expedited fee is paid. However, if the expedited service is requested after 4:30 p.m. Central Time, the filing time shall be at 8:00 a.m. the next day the office is open for business even though the UCC record may be subsequently rejected;
(4) A UCC record delivered after 4:30 p.m. Central Time or on a day the filing office is not open for business shall have a filing time before close of business on the next day the filing office is open for business;
(5) Electronic mail and telefacsimile delivery. No UCC record may be accepted via electronic mail or telefacsimile delivery; and
(6) Electronic filing. UCC records, excluding information statements and filing office statements, may be transmitted electronically using Dakota Fast File 2 (web based filing). The file time for a UCC record delivered by this method is the time that the filing office receives the record.
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:03 - Search request delivery

Current through Register Vol. 51, page 10, July 15, 2024
A UCC search request may be delivered to the filing office by any of the means by which UCC records may be delivered to the filing office. In addition to the means described in the preceding sentence, a search request may also be made by electronic mail and telefacsimile delivery.
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:05 - No fee for a termination statement

Current through Register Vol. 51, page 10, July 15, 2024
No fee is charged for filing a termination statement.
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:06 - Methods of payment

Current through Register Vol. 51, page 10, July 15, 2024
The filing fee and fee for public records services may be paid by the following methods:
(1) Cash. Payment in cash shall be accepted if paid in person at the filing office;
(2) Checks. Personal checks, cashier's checks, and money orders made payable to the filing office shall be accepted for payment;
(3) Prepaid account. A remitter may open an account for prepayment of fees with the filing officer; and
(4) Debit or credit cards. The filing office shall accept payment by a debit card or credit card. Each remitter shall provide the filing officer with the card number, the expiration date of the card, the name of the card issuer, the name of the person or entity to whom the card was issued, and the billing address for the card. Payment is not deemed tendered until the issuer or its agent has confirmed payment.
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2.
Fees of secretary of state enumerated -- Collection, SDCL  1-8-10.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:07 - Underpayment of fees

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of a document with an insufficient fee, the record shall be returned to the remitter. Any fee received shall be returned with the record or under separate cover.
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:08 - Public records

Current through Register Vol. 51, page 10, July 15, 2024
Public records are provided on a nondiscriminatory basis to any member of the public on the terms described in this chapter. The following methods are available for obtaining copies of UCC records and copies of data from the UCC information management system:
(1) Individually identified records. Any copy of individually identified UCC records is available in the format provided by the filing office returned via telefacsimile, postal courier, courier service, electronic mail, or electronically through direct on-line services;
(2) Data from the information management system. A list of available data elements from the UCC information management system, and the file layout of the data elements, is available from the filing officer upon request. Data from the information management system is available as follows:
(a) Full extract. A bulk data extract of information from the UCC information management system is available on a monthly basis; and
(b) Update extracts. Updates of information from the UCC information management system are available on a weekly basis; and
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:09 - Acceptance and refusal of records - Role of filing officer

Current through Register Vol. 51, page 10, July 15, 2024
The duties and responsibilities of the filing officer with respect to the administration of the UCC are ministerial. When filing or refusing to file a UCC record pursuant to this chapter, the filing officer does not:
(1) Determine the legal sufficiency or insufficiency of a record;
(2) Determine that a security interest in collateral exists or does not exist;
(3) Determine that information in the record is correct or incorrect, in whole or in part; and
(4) Create a presumption that information in the record is correct or incorrect, in whole or in part.
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:10 - Acceptance and refusal of records - Grounds for refusal

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the grounds listed in SDCL  57A-9-516 allowing the filing office to refuse a UCC record, the filing officer shall refuse a UCC record if the secured party or assignee name is missing or illegible, or no address is given in the address field. As used in this section, the address fields include mailing address, city, state, and zip code.
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-516,  57A-9-525.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:11 - Acceptance and refusal of records - Procedure upon refusal

Current through Register Vol. 51, page 10, July 15, 2024
Except as provided in §
									5:04:04:06, if the filing officer finds grounds to refuse a UCC record, the filing officer shall return the record to the remitter and shall refund the filing fee.
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:12 - Legal effectiveness of filing

Current through Register Vol. 51, page 10, July 15, 2024
The responsibility for the legal effectiveness of the filing rests with the filer and remitter and the filing office bears no responsibility for legal effectiveness of the filing.
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:13 - Acceptance and refusal of records - Refusal errors (Repealed)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:14 - UCC information management system - Primary data elements

Current through Register Vol. 51, page 10, July 15, 2024
The primary data elements used in the UCC information management system are the following:
(1) Identification number. Each initial financing statement is identified by its file number as described in rule SDCL subdivision 57A-9-519(a). Identification of the initial financing statement is stamped on a written UCC record or otherwise permanently associated with the record maintained for UCC records in the UCC information management system. A record is created in the information management system for each initial financing statement and all information comprising the UCC record is maintained in the system. Each UCC record is identified by the same information assigned to the initial financing statement as described in SDCL subdivision 57A-9-519(c);
(2) Type of record. The type of UCC record from which data is transferred is identified in the information management system from information supplied by the remitter;
(3) Filing date and filing time. The filing date and filing time of the UCC record is stored in the information management system;
(4) Identification of parties. Name and address of each debtor and secured party is transferred from UCC records to the UCC information management system using one or more data entry or transmittal techniques;
(5) Status of financing statement. In the information management system, each financing statement has a status of active or inactive;
(6) Page count. The total number of pages in a UCC record is maintained in the information management system; and
(7) Lapse indicator. An indicator is maintained by which the information management system identifies whether or not a financing statement will lapse and, if it does, when it will lapse.
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:15 - UCC information management system - Names of debtors who are individuals

Current through Register Vol. 51, page 10, July 15, 2024
For the purpose of this rule, individual, means a human being, or a decedent in the case of a debtor that is such decedent's estate. This rule applies to the name of a debtor or a secured party on a UCC record who is an individual:
(1) Individual name fields. The name of an individual is stored in the file that includes only the names of individuals, and not the names of any organizations. Separate data entry fields are established for first (given), middle (given), and last names (surnames or family names) of individuals. A filer shall place the name of a debtor with a single name in the last name field. The filing officer assumes no responsibility for the accurate designation of the components of a name but shall accurately enter the data in accordance with the filer's designations;
(2) Titles and prefixes before names. No title and prefix may be entered in the UCC information management system;
(3) Titles and suffixes after names. No title or indication of status may be entered in the UCC information management system. Any suffix that indicates which individual is being named shall be entered in a field designated for name suffixes. As provided in subdivision (1) of this section, the suffix shall be entered into the information management system exactly as received; and
(4) Truncation - individual names. Personal name fields in the UCC database are fixed in length. Although each filer shall provide full names on the filer's UCC record, a name that exceeds the fixed length is entered as presented to the filing officer, up to the maximum length of the data entry field. The maximum length of data entry name fields are as follows:
(a) first name: 128 characters;
(b) middle name: 128 characters;
(c) last name: 128 characters; and
(d) suffix: 50 characters.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:16 - UCC information management system - Names of debtors that are organizations

Current through Register Vol. 51, page 10, July 15, 2024
The name of an organization as a debtor or a secured party on a UCC record shall be completed as follows:
(1) Single field. The name of each organization is stored in a file that includes only the names of the organization and not the names of any individual. A single field is used to store an organization name; and
(2) Truncation of organization names. The organization name field in the UCC database is fixed in length. The maximum length is 256 characters. Although filers shall continue to provide a full name on the UCC record, a name that exceeds the fixed length is entered as presented to the filing officer, up to the maximum length of the data entry field.
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:17 - UCC information management system - Estates

Current through Register Vol. 51, page 10, July 15, 2024
Although an estate is not an individual, each estate is treated as if the decedent is the debtor as approved by §
									5:04:04:15.
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:18 - UCC information management system - Trusts

Current through Register Vol. 51, page 10, July 15, 2024
If the trust is named in an organic record, the trust's full legal name as set forth in such record is used. Each trust shall be treated as an organization. If the trust is not so named, the name of the trustee as the trustee of the (here insert identifying language sufficient to identify the trust) is used. The name of the trustee is treated as an organization name. A UCC record that uses a trustee's name shall include other information provided by the filer to distinguish the debtor trust from other trusts having the same trustee and any financing statement filed against a trust or trustee acting with respect to property held in trust shall indicate the nature of the debtor. If this is done in the name of the debtor, the UCC record shall be entered as if it is a part of the name under §
									5:04:04:15.
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:19 - UCC information management system - Initial financing statement

Current through Register Vol. 51, page 10, July 15, 2024
Upon the filing of an initial financing statement the status of each party shall be made. A secured party may not be one in the same as the debtor of record.
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:20 - UCC information management system - Amendment (Repealed)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:21 - UCC information management system - Assignment of powers of secured party of record (Repealed)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:22 - UCC information management system - Continuation (Repealed)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:23 - UCC information management system - Errors of the filing officer

Current through Register Vol. 51, page 10, July 15, 2024
The filing office may correct the errors of filing officer personnel in the UCC information management system at any time. If the correction occurs after the filing officer has issued a certification, the filing officer shall file a filing office correction statement in the UCC information management system identifying the record that has been corrected, the date of the correction, and explaining the nature of the corrective action taken. The record shall be preserved as long as the record of the initial financing statement is preserved in the UCC information management system.
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:24 - UCC information management system - Correction statement

Current through Register Vol. 51, page 10, July 15, 2024
The filing of a correction statement does not affect the status of the financing statement or any party to the financing statement.
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:25 - UCC information management system - Termination

Current through Register Vol. 51, page 10, July 15, 2024
The filing office may not remove a debtor's name from the index until one year after the effectiveness of a financing statement naming the debtor lapses under §57A-9-515 with respect to all secured parties of record.
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2,  57A-9-515,  57A-9-519(g).
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:26 - UCC information management system - Procedure upon lapse

Current through Register Vol. 51, page 10, July 15, 2024
If there is no timely filing of a continuation with respect to a financing statement, the financing statement lapses on its lapse date but no action is then taken by the filing office. On the first anniversary of such lapse date, the information management system renders or is caused to render the financing statement inactive. The financing statement is not made available to a searcher unless inactive statements are requested by the searcher and the financing statement is still retrievable by the information management system.
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2,  57A-9-515,  57A-9-519.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:27 - UCC information management system - Notice of bankruptcy

Current through Register Vol. 51, page 10, July 15, 2024
The filing officer may not take action concerning the receipt of a notification, formal or informal, of a bankruptcy proceeding involving a debtor named in the UCC information management system.
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:28 - Search requests and reports - Search requests

Current through Register Vol. 51, page 10, July 15, 2024
Each search request shall contain the following information:
(1) Name searched. A search request shall name the debtor to be searched and specify whether the debtor is an individual or an organization. A search request shall be processed using the name in the exact form it is submitted;
(2) Requesting party. The name and mailing address of the person to whom the search report is to be sent;
(3) Fee. The appropriate fee shall be enclosed, and paid as permitted by §
									5:04:04:06; and
(4) Search request with filing. If a filer requests a search at the time a UCC record is filed the name searched shall be the debtor name as identified on the form. The requesting party is the remitter of the UCC record, and the search request shall request a search that retrieves each financing statement filed on or prior to the date the UCC record is filed.
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:30 - Search requests and reports - Optional information

Current through Register Vol. 51, page 10, July 15, 2024
A UCC search request may contain any of the following information:
(1) The request may ask for copies of UCC records identified on the primary search response; and
(2) Instructions on the mode of delivery desired, if other than by ordinary mail. The mode of delivery request shall be honored if the requested mode is available to the filing office.
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:04 - Uniform Commercial Code, revised Article 9 › Section 5:04:04:31 - Search requests and reports - Search responses

Current through Register Vol. 51, page 10, July 15, 2024
Reports created in response to a search request shall include the following:
(1) Filing officer. Identification of the filing officer and the certification of the filing officer required by law;
(2) Report date. The date the report was generated;
(3) Name searched. Identification of the name searched;
(4) Certification date. The certification date and time for which the search is effective;
(5) Identification of initial financing statements. Identification of each unlapsed initial financing statement filed on or prior to the certification date and time corresponding to the search criteria, by name of debtor, by identification number, and by file date and file time;
(6) History of financing statement. For each initial financing statement on the report, a listing of each related UCC record filed by the filing officer on or prior to the certification date; and
(7) Copies. Copies of each UCC record revealed by the search and requested by the searcher.
General Authority:
SDCL  57A-9-526.
Law Implemented:
SDCL  57A-9-525.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:05 - Business Trusts (Repealed) › Section 5:04:05:01 - Fees for domestic business trusts (Repealed)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  47-14A-57.
Law Implemented:
SDCL  47-14A-57.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:05 - Business Trusts (Repealed) › Section 5:04:05:02 - Fees for expedited services (Repealed)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  47-14A-57.
Law Implemented:
SDCL  47-14A-57.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:05 - Business Trusts (Repealed) › Section 5:04:05:03 - Fees for foreign business trusts (Repealed)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  47-14A-57,  47-14B-22.
Law Implemented:
SDCL  47-14B-22.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:06 - Statewide voter registration file › Section 5:04:06:04 - Duplicate voter registration check

Current through Register Vol. 51, page 10, July 15, 2024
The Secretary of State shall at least annually conduct a check of the statewide voter registration database to determine if there are duplicate registrations. If the following fields in the registration file match for two or more records, the records are considered duplicates:
(1) First name, last name, and social security/driver's license number;
(2) First name, date of birth, and social security/driver's license number; or
(3) Last name, date of birth, and social security/driver's license number.
The newest duplicate shall be retained as a registered voter. Information on the older duplicates must be sent to the registered voter's county of registration for deletion from the voter registration file.
General Authority:
SDCL  12-4-39(3).
Law Implemented:
SDCL  12-4-39(3).
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:06 - Statewide voter registration file › Section 5:04:06:05 - Potential duplicate voter registration check

Current through Register Vol. 51, page 10, July 15, 2024
The Secretary of State shall at least annually conduct a check of the statewide voter registration database to determine if there are potential duplicate registrations. If the following fields in the registration file match two or more records, the records must be considered potential duplicates:
(1) First name, middle initial, and date of birth;
(2) First initial, last name, and date of birth;
(3) First name, last name, and date of birth; or
(4) Social security/driver's license number.
The Secretary of State may send a notice to each duplicate person except the newest potential duplicate. The notice shall be treated like a confirmation notice as prescribed in §
										5:02:03:16  and shall indicate the reason for the notice. For each notice sent, the Secretary of State shall notify the county auditor in the addressee's county of registration.
General Authority:
SDCL  12-4-39(3).
Law Implemented:
SDCL  12-4-39(3).
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:06 - Statewide voter registration file › Section 5:04:06:06 - Voter registration list request form

Current through Register Vol. 51, page 10, July 15, 2024
Any person requesting a printed voter registration list or file from the statewide voter registration system must complete a form which contains the following:
(1) Type of report;
(2) Selection criteria for the report;
(3) Name and address of the requestor; and
(4) Signature of the requestor below the statement, "In accordance with SDCL  12-4-41, I understand that the voter registration data obtained from the statewide voter registration database may not be used or sold for any commercial purpose and may not be placed for unrestricted access on the internet."
General Authority:
SDCL  12-4-39(4).
Law Implemented:
SDCL  12-4-39(4).
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:06 - Statewide voter registration file › Section 5:04:06:07 - Charges for information from the statewide voter registration file

Current through Register Vol. 51, page 10, July 15, 2024
The fees for an electronic file with voter registration information are as follows:
(1) Statewide is $2,500;
(2) Statewide for new parties or parties with alternative political status for just their party voters is:
(a) $15 for 1,000 names or less;
(b) $50 for 1,001 to 10,000 names;
(c) $100 for 10,001 to 25,000 names; and
(d) $250 for more than 25,000 names;
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:06 - Statewide voter registration file › Section 5:04:06:08 - Absentee voter registration list request form

Current through Register Vol. 51, page 10, July 15, 2024
Any person requesting a daily electronic file from the statewide voter registration containing absentee voter registration information for an election must complete a form which contains the following:
(1) Name and address of the requestor;
(2) Election requested;
(3) Selection criteria of the request; and
(4) Signature of the requestor below the statement, "In accordance with SDCL  12-4-41, I understand that the voter registration data obtained from the statewide voter registration database may not be used or sold for any commercial purpose and may not be placed for unrestricted access on the internet."
General Authority:
SDCL  12-4-39(4).
Law Implemented:
SDCL  12-4-39(4),  12-4-41.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:06 - Statewide voter registration file › Section 5:04:06:09 - Charges for information regarding absentee voting from the statewide voter registration file

Current through Register Vol. 51, page 10, July 15, 2024
The fees for a daily electronic file with absentee voter registration information per election are as follows:
(1) Statewide is $3,000;
(2) Legislative district is $150;
(3) County is $65 for 1,000 names or less;
(4) County is $100 for 1,001 names to 10,000 names;
(5) County is $150 for 10,001 to 25,000 names; and
(6) County is $300 for more than 25,000 names.
General Authority:
SDCL  12-4-39(5).
Law Implemented:
SDCL  12-4-39(5).
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:06 - Statewide voter registration file › Section 5:04:06:10 - Voter Registration File Security

Current through Register Vol. 51, page 10, July 15, 2024
At a minimum, the computerized voter registration file must implement the following:
1. A stateful layer 3, and 7 firewall at the perimeter in order to block malicious traffic from known and unknown adversarial actors along with experienced personnel to operate and maintain the rules and underlying software and firmware on which the firewall system operates.
2. Anti-malware solutions that ensure the underlying operating system(s) maintains its intended function, integrity, and exclusive ownership of the governing maintaining body.
3. Software vulnerability analysis pre- deployment to production environments. Underlying code, libraries and included packages require continuous evaluation throughout the software development lifecycle through automated trusted tools to ensure erroneous code, unauthenticated access or potential privilege escalation vehicles shall not be introduced.
4. Trusted White hat vulnerability analysis for protected systems to evaluate, identify and document risks within the application which are then provided to development and management personnel to appropriately mitigate any potential findings on a scheduled and reoccurring basis.
5. Personnel background checks for those with access to restricted systems within the application development lifecycle ensure that only benevolent, patriots dedicated to a secure election process, act in good faith to deliver quality, well-guarded code and application infrastructure.
General Authority:
SDCL  12-1-9(1)  Law Implemented: SDCL  12-4-37
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:04 - Office of the Secretary of State › Chapter 5:04:07 - Lobbyist registration › Section 5:04:07:01 - Fee for lobbyist registration

Current through Register Vol. 51, page 10, July 15, 2024
Each lobbyist who is registered pursuant to chapter 2-12 shall pay an annual fee of forty dollars for lobbyist registration. The registration is valid until June 30 each year.
General Authority:
SDCL  2-12-3.
Law Implemented:
SDCL  2-12-3.