State of South Dakota  
EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012  

400T0350   HOUSE BILL   NO.  1016  

Introduced by:    The Committee on State Affairs at the request of the Bureau of Administration
 

        FOR AN ACT ENTITLED, An Act to repeal certain rules relating to use of the centennial logo.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That ARSD 10:07:01:01 be repealed.
    10:07:01:01. Definitions. Words used in this article are defined as follows:
    (1) "Logo," the Centennial Commission's trademark.
    Section 2. That ARSD 10:07:01:02 be repealed.
    10:07:01:02. Fees for use of logo for commercial application. Commercial application of the logo is using the logo for the purpose of generating revenue. Authorized applicants may use the logo for generating revenue by paying a $250 initial fee plus a negotiated royalty. Royalties shall be collected based on the number of items sold. Applicants must post a bond as collateral for completing the contract. The amount of the bond shall be based on the projected revenue the Bureau of Administration expects to receive as royalties from the applicant. The Bureau of Administration shall return the bond after completion of the signed contract.
    The royalties shall be negotiated by the Bureau of Administration within the following guidelines:
    (1) Royalty payments may be from 1 to 20 percent of the wholesale price;
    (2) The amount of the royalty shall be based on the profit margin of item sold.
    Section 3. That ARSD 10:07:01:03 be repealed.
    10:07:01:03. Noncommercial application. Noncommercial application of the logo is using the logo only for purposes of promoting the centennial and not for generating revenue.