(a) State agencies and officials who use the state
seal for official uses or state functions have no application or fee
requirement; however, in an effort to achieve uniformity and continuity,
state agencies and officials are encouraged to submit their intended
uses and renditions of the state seal to the secretary of state.
(1) When a user solely produces for or solely sells
or distributes to a state agency a product bearing the state seal
for an official use or for a state function, no application or license
is required.
(2) A user seeking the exemption as set forth in paragraph
(1) of this subsection should provide the secretary of state's office
with the following:
(A) a signed statement from that state agency or appropriate
state official that the product has been or will be used by the state
agency for an official use or a state function. See Form 3303-A; and
(B) a certification, on a form prescribed by the secretary
of state's office, from the user that the product is not available
to the general public. See Form 3303.
(3) Distribution or sale of the product to the general
public by the state agency shall not preclude a user from obtaining
the exemption, as set forth in paragraph (1) of this subsection.
(4) When a user produces for or sells or distributes
to a state agency a product bearing the state seal that is also available
to the general public, the user must file an application and obtain
a license in accordance with §72.3 of this title (relating to
Application and License) and pay, except as otherwise provided by
these sections, all fees required by §72.6 of this title (relating
to Fees: Payment of Money).
(5) Gross receipts received from the sale of licensed
products to state agencies under the conditions set forth in paragraph
(4) of this subsection are exempt from the royalty fee required by
the statute and §72.6 of this title, provided the manufacturer
or vendor of the licensed products provides the secretary of state's
office with a signed statement from that state agency or appropriate
state official that the products have been or will be used by the
state agency for an official use or a state function.
(b) Elected officials who use the state seal for political
purposes have no application or fee requirement.
(1) When a user solely produces for or solely sells
or distributes to an elected official a product bearing the state
seal for a political purpose, no application or license is required.
(2) A user seeking the exemption as set forth in paragraph
(1) of this subsection should provide the secretary of state's office
with the following:
(A) a signed statement from the elected official or
designated agent that the product has been or will be used by the
elected official for a political purpose. See Form 3303-A; and
(B) a certification, on a form prescribed by the secretary
of state's office, from the user that the product is not available
to the general public. See Form 3303.
(3) Distribution or sale of the product to the general
public by the elected official shall not preclude a user from obtaining
the exemption, as set forth in paragraph (1) of this subsection.
(4) When a user produces for, sells, or distributes
to an elected official a product bearing the state seal that is also
available to the general public, the user must file an application
and obtain a license in accordance with §72.3 of this title and
pay, except as otherwise provided by these sections, all fees required
by §72.6 of this title.
(5) Gross receipts received from the sale of licensed
products to an elected official under the conditions set forth in
paragraph (4) of this subsection are exempt from the royalty fee required
by the statute and §72.6 of this title, provided the user of
the licensed products provides the secretary of state's office with
a signed statement from the elected official or designated agent that
the products have been or will be used by the elected official for
a political purpose.
(c) The manufacturer of a product bearing the state
seal bears the responsibility for filing the necessary application,
obtaining the appropriate license, and paying all fees required by
the statute and these sections.
(1) Vendors or resellers are exempt from the application,
licensing, and fee requirements of the statute and these sections
where the manufacturer of the product transferred has obtained the
required state seal license, provided the vendor or reseller, prior
to resale, obtains from the manufacturer, on a form prescribed by
the secretary of state's office, a certification of the manufacturer's
license.
(2) The certification shall contain the name and address
of the vendor or reseller, as well as the manufacturer's name, license
number, and the type and number of items purchased. See Form 3304.
(3) The certification must be kept and maintained at
the vendor's or reseller's place of business for four years and made
readily available for inspection by the secretary of state's office
upon request.
(4) A vendor or reseller who fails to obtain, maintain,
or make readily available for inspection the certifications of the
manufacturer's license shall be responsible for obtaining the necessary
license and the payment of all fees required by the statute and these
sections.
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