SDCL 1-6-1. State seal adopted--Requirements for reproductions - Violations -There is hereby adopted as the official colored seal of the State of South Dakota, a reproduction of the seal, described in article XXI, section 1 of the Constitution of the State of South Dakota, and made in conformity with the Constitution. The proportions and colored detail are set out specifically in accord with an original painting of the great seal produced by John G. Moisan of Fort Pierre and shall be the basis for all reproductions of the great seal of the State of South Dakota. Any replica, facsimile, or reproduction of the state seal that is greater than one inch in diameter and used for an official purpose or a for-profit commercial use shall be a representation of the full and complete seal based upon S.D. Const., Art. XXI, § 1 and this section and shall include the state motto "Under God The People Rule." These requirements do not infringe upon or limit any artistic or satirical use of the seal. The secretary of state shall conduct an investigation for any violation of this section. If the secretary of state confirms that a violation has been committed, the secretary of state shall issue a cease and desist letter.
SDCL 1-6-2.1 Use of seal by state agency -- Any use of the state seal by a state agency after July 1, 2018, shall comply with S.D. Const., Art. XXI, § 1 and §§ 1-6-1 and 1-6-2. Any use of the seal existing prior to that date may continue to be used.
SDCL 1-6-3.1. Use of seal or facsimile without authorization prohibited--Violation as misdemeanor. No person may reproduce, duplicate, or otherwise use the official seal of the State of South Dakota, or its facsimile, adopted and described in §§ 1-6-1 and 1-6-2 for any for-profit, commercial purpose without specific authorization from the secretary of state. A violation of this section is a Class 1 misdemeanor.
SDCL 1-6-3.2. Sale of seal facsimile without authorization prohibited--Violation as misdemeanor. No person may sell or offer for sale a replica or facsimile of the official seal of the State of South Dakota, adopted and described in §§ 1-6-1 and 1-6-2, without the specific authorization from the secretary of state. A violation of this section is a Class 1 misdemeanor.
SDCL 1-6-3.3. Royalty for use of seal--Educational purposes excepted. The secretary of state shall charge a royalty for the privilege of using the state seal. The secretary of state may not charge a royalty if the state seal is used for an educational purpose. All royalty fees collected pursuant to this chapter shall be deposited in the state general fund.
Pursuant to the above statutes, approval must be received prior to the use of the State Seal. Each request is for a single product or use.
The fee for the initial request is $500. The authorization, if approved, is for one (1) year. A renewal application and fee of $50 must be paid on annually for continued use of the State Seal. The fee is payable to the Secretary of State.