BILL REQ. #:  S-3835.1 

Read first time 01/23/12.   Referred to Committee on Higher Education & Workforce Development.

     AN ACT Relating to state work-study funding; amending RCW 23B.01.520, 23B.01.530, 24.03.405, 25.05.500, 25.10.916, 25.15.805, 43.24.086, and 43.70.250; creating a new section; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature recognizes that the state work-study program is the second oldest program of its kind in the country and has been serving students and employers in Washington state for nearly forty years. This program is a vital component of financial aid that helps low and middle-income students earn money for college while gaining valuable experience in jobs that are related to their career goals. Therefore, the legislature intends to preserve the current level of funding in the state work-study program.
     The legislature also recognizes that education and training, particularly for high-level skills, are key ingredients to economic growth and competitiveness and is a shared concern of the state, businesses, and professionals. Thus, the legislature finds that it is a joint responsibility of the state, businesses, and professionals to invest in the successful training of the future workforce, which includes programs that support students gaining the necessary work-related experience.
     It is for these reasons that the legislature intends to add a surcharge to business and professional licenses to help generate revenue for the state work-study program. However, in recognition of the state's share in this responsibility, the legislature acknowledges that the revenue generated from this source will only be a partial funding source.

Sec. 2   RCW 23B.01.520 and 1989 c 165 s 18 are each amended to read as follows:
     Every domestic corporation, except one for which existing law provides a different fee schedule, shall pay for filing of its articles of incorporation and its first year's license a fee of one hundred seventy-five dollars plus a ten dollar surcharge. Revenue collected from the ten dollar surcharge shall be deposited in the education legacy trust account created in RCW 83.100.230 and must be used solely to fund the state work-study program established in chapter 28B.12 RCW.

Sec. 3   RCW 23B.01.530 and 2010 1st sp.s. c 29 s 2 are each amended to read as follows:
     For the privilege of doing business, every corporation organized under the laws of this state, except the corporations for which existing law provides a different fee schedule, must make and file a statement in the form prescribed by the secretary of state and must pay an annual license fee plus a ten dollar surcharge each year following incorporation, on or before the expiration date of its corporate license, to the secretary of state. Revenue collected from the ten dollar surcharge shall be deposited in the education legacy trust account created in RCW 83.100.230 and must be used solely to fund the state work-study program established in chapter 28B.12 RCW. The secretary of state must collect an annual license fee of sixty dollars for corporations that are not inactive corporations, of which ten dollars is designated to be deposited into the secretary's revolving fund per RCW 43.07.130. The secretary of state must collect an annual license fee for inactive corporations as established by the secretary of state in rule. As used in this section, "inactive corporation" means a corporation that certifies at the time of filing under this section that it did not engage in any business activities during the year ending on the expiration date of its corporate license.

Sec. 4   RCW 24.03.405 and 2010 1st sp.s. c 29 s 3 are each amended to read as follows:
     (1) The secretary of state must establish by rule, fees for the following:
     (a) Filing articles of incorporation.
     (b) Filing an annual report of a domestic or foreign corporation.
     (c) Filing an application of a foreign corporation for a certificate of authority to conduct affairs in this state.
     (d) An application for reinstatement under RCW 24.03.386.
     (e) Filing articles of amendment or restatement or an amendment or supplement to an application for reinstatement.
     (f) Filing articles of merger or consolidation.
     (g) Filing a statement of change of address of registered office or change of registered agent, or revocation, resignation, or any combination of these.
     (h) Filing articles of dissolution.
     (i) Filing an application of a foreign corporation for an amended certificate of authority to conduct affairs in this state.
     (j) Filing an application for withdrawal of a foreign corporation and issuing a certificate of withdrawal.
     (k) Filing a certificate by a foreign corporation of the appointment of a registered agent.
     (l) Filing a certificate of election adopting the provisions of chapter 24.03 RCW.
     (m) Filing an application to reserve a corporate name.
     (n) Filing a notice of transfer of a reserved corporate name.
     (o) Filing a name registration.
     (p) Filing any other statement or report authorized for filing under this chapter.
     (2) Fees collected according to subsection (1)(a) and (c) of this section must include a ten dollar surcharge. The revenue collected from the ten dollar surcharge shall be deposited in the education legacy trust account created in RCW 83.100.230 and must be used solely to fund the state work-study program established in chapter 28B.12 RCW.
     (3) Fees are adjusted by rule only in an amount that does not exceed the average biennial increase in the cost of providing service. This must be determined in a biennial cost study performed by the secretary.

Sec. 5   RCW 25.05.500 and 2010 1st sp.s. c 29 s 5 are each amended to read as follows:
     (1) A partnership which is not a limited liability partnership on June 11, 1998, may become a limited liability partnership upon the approval of the terms and conditions upon which it becomes a limited liability partnership by the vote necessary to amend the partnership agreement except, in the case of a partnership agreement that expressly considers obligations to contribute to the partnership, the vote necessary to amend those provisions, and by filing the applications required by subsection (2) of this section. A partnership which is a limited liability partnership on June 11, 1998, continues as a limited liability partnership under this chapter.
     (2)(a) To become and to continue as a limited liability partnership, a partnership must file with the secretary of state an application stating the name of the partnership; the location of a registered office, which need not be a place of its activity in this state; the address of its principal office; if the partnership's principal office is not located in this state, the address of a registered office and the name and address of a registered agent for service of process in this state which the partnership will be required to continuously maintain; the number of partners; a brief statement of the business in which the partnership engages; any other matters that the partnership determines to include; and that the partnership thereby applies for status as a limited liability partnership.
     (b) A registered agent for service of process under (a) of this subsection must be an individual who is a resident of this state or other person authorized to do business in this state.
     (3) The application must be accompanied by a fee plus a ten dollar surcharge for each partnership as established by the secretary of state in rule. Revenue collected from the ten dollar surcharge shall be deposited in the education legacy trust account created in RCW 83.100.230 and must be used solely to fund the state work-study program established in chapter 28B.12 RCW.
     (4) The secretary of state must register as a limited liability partnership any partnership that submits a completed application with the required fee.
     (5) A partnership registered under this section must pay an annual fee, in each year following the year in which its application is filed, on a date and in an amount specified by the secretary of state. The fee must be accompanied by a notice, on a form provided by the secretary of state, of the number of partners currently in the partnership and of any material changes in the information contained in the partnership's application for registration.
     (6) Registration is effective immediately after the date an application is filed, and remains effective until:
     (a) It is voluntarily withdrawn by filing with the secretary of state a written withdrawal notice executed by a majority of the partners or by one or more partners or other persons authorized to execute a withdrawal notice; or
     (b) Thirty days after receipt by the partnership of a notice from the secretary of state, which notice must be sent by first-class mail, postage prepaid, that the partnership has failed to make timely payment of the annual fee specified in subsection (5) of this section, unless the fee is paid within such a thirty-day period.
     (7) The status of a partnership as a limited liability partnership, and the liability of the partners thereof, is not affected by: (a) Errors in the information stated in an application under subsection (2) of this section or a notice under subsection (6) of this section; or (b) changes after the filing of such an application or notice in the information stated in the application or notice.
     (8) The secretary of state may provide forms for the application under subsection (2) of this section or a notice under subsection (6) of this section.

Sec. 6   RCW 25.10.916 and 2009 c 188 s 1307 are each amended to read as follows:
     (1) The secretary of state shall adopt rules establishing fees that shall be charged and collected for:
     (a) Filing of a certificate of limited partnership or an application for a certificate of authority of a foreign limited partnership;
     (b) Filing of an amendment or restatement of a certificate of domestic or foreign limited partnership;
     (c) Filing an application to reserve, register, or transfer a limited partnership name;
     (d) Filing any other certificate, statement, or report authorized or permitted to be filed; and
     (e) Copies, certified copies, certificates, service of process filings, and expedited filings or other special services.
     (2) In the establishment of a fee schedule, the secretary of state shall, insofar as is possible and reasonable, be guided by the fee schedule provided for corporations governed by Title 23B RCW and the fee must include a ten dollar surcharge to all fees collected according to subsection (1)(a) of this section. Revenue collected from the ten dollar surcharge shall be deposited in the education legacy trust account created in RCW 83.100.230 and must be used solely to fund the state work-study program established in chapter 28B.12 RCW.
     (a) Fees for copies, certified copies, certificates of record, and service of process filings are the same as in RCW 23B.01.220.
     (b) Fees for reinstatement of a foreign or domestic limited partnership are the same as in RCW 23B.01.560.
     (c) All fees collected by the secretary of state shall be deposited with the state treasurer pursuant to law.

Sec. 7   RCW 25.15.805 and 2010 c 196 s 13 are each amended to read as follows:
     (1) The secretary of state shall adopt rules establishing fees which shall be charged and collected for:
     (a) Filing of a certificate of formation for a domestic limited liability company or an application for registration of a foreign limited liability company;
     (b) Filing of a certificate of dissolution for a domestic limited liability company;
     (c) Filing a certificate of cancellation for a foreign limited liability company;
     (d) Filing of a certificate of amendment or restatement for a domestic or foreign limited liability company;
     (e) Filing an application to reserve, register, or transfer a limited liability company name;
     (f) Filing any other certificate, statement, or report authorized or permitted to be filed;
     (g) Copies, certified copies, certificates, service of process filings, and expedited filings or other special services.
     (2) In the establishment of a fee schedule, the secretary of state shall, insofar as is possible and reasonable, be guided by the fee schedule provided for corporations governed by Title 23B RCW and the fee must include a ten dollar surcharge to all fees collected according to subsection (1)(a) of this section. Revenue collected from the ten dollar surcharge shall be deposited in the education legacy trust account created in RCW 83.100.230 and must be used solely to fund the state work-study program established in chapter 28B.12 RCW. Fees for copies, certified copies, certificates of record, and service of process filings shall be as provided for in RCW 23B.01.220.
     (3) All fees collected by the secretary of state shall be deposited with the state treasurer pursuant to law.

Sec. 8   RCW 43.24.086 and 1999 c 240 s 2 are each amended to read as follows:
     It shall be the policy of the state of Washington that the cost of each professional, occupational(([,])), or business licensing program be fully borne by the members of that profession, occupation(([,])), or business. The director of licensing shall from time to time establish the amount of all application fees, license fees, registration fees, examination fees, permit fees, renewal fees, and any other fee associated with licensing or regulation of professions, occupations(([,])), or businesses, except for health professions, administered by the department of licensing. In fixing said fees, the director shall set the fees for each such program at a sufficient level to defray the costs of administering that program and shall include an additional three percent surcharge on all initial license fees and annual license renewal fees. Revenue collected from the three percent surcharge shall be deposited in the education legacy trust account created in RCW 83.100.230 and must be used solely to fund the state work-study program established in chapter 28B.12 RCW. All such fees shall be fixed by rule adopted by the director in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW.

Sec. 9   RCW 43.70.250 and 2006 c 72 s 4 are each amended to read as follows:
     It shall be the policy of the state of Washington that the cost of each professional, occupational, or business licensing program be fully borne by the members of that profession, occupation, or business. The secretary shall from time to time establish the amount of all application fees, license fees, registration fees, examination fees, permit fees, renewal fees, and any other fee associated with licensing or regulation of professions, occupations, or businesses administered by the department. In fixing said fees, the secretary shall set the fees for each program at a sufficient level to defray the costs of administering that program and the cost of regulating licensed volunteer medical workers in accordance with RCW 18.130.360, except as provided in RCW 18.79.202 until June 30, 2013, and shall include an additional three percent surcharge on all initial license fees and annual license renewal fees. Revenue collected from the three percent surcharge shall be deposited in the education legacy trust account created in RCW 83.100.230 and must be used solely to fund the state work-study program established in chapter 28B.12 RCW. All such fees shall be fixed by rule adopted by the secretary in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW.

NEW SECTION.  Sec. 10   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect April 1, 2012.