2359-S AMS PEDE S5071.1
SHB 2359 - S AMD TO ACRE COMM AMD (S-4909.1/16) 693
By Senators Pedersen, Roach, Miloscia
ADOPTED 03/01/2016
On page 66, after line 19 of the amendment, insert the following:
"Sec. 61.  RCW 43.07.173 and 1998 c 38 s 1 are each amended to read as follows:
(1) The secretary of state ((shall)) may accept and file in the secretary's office ((facsimile)) electronic transmissions of any documents authorized or required to be filed pursuant to Title 23, 23B, 24, or 25 RCW or chapter 18.100 RCW. The acceptance by the secretary of state is conditional upon the document being legible and otherwise satisfying the requirements of state law or rules with respect to form and content, including those established under RCW 43.07.170. If the document must be signed, that requirement ((is)) may be satisfied by ((a facsimile copy of the)) an electronic signature as defined in RCW 19.34.020.
(2) If a fee is required for filing the document, the secretary may reject the document for filing if the fee is not received before, or at the time of, receipt.
Sec. 62.  RCW 43.07.190 and 1991 c 72 s 56 are each amended to read as follows:
Where the secretary of state determines that a summary face sheet or cover sheet would expedite review of any documents made under Title 23B RCW, or chapter 18.100, 23.86, 23.90, 24.03, 24.06, 24.12, 24.20, 24.24, 24.36, ((or)) 25.10, or 25.15 RCW, the secretary of state may require the use of a summary face sheet or cover sheet that accurately reflects the contents of the attached document. The secretary of state may, by rule adopted under chapter 34.05 RCW, specify the required contents of any summary face sheet and the type of document or documents in which the summary face sheet will be required, in addition to any other filing requirements which may be applicable.
Sec. 63.  RCW 43.07.400 and 2007 c 156 s 3 are each amended to read as follows:
(1) The state domestic partnership registry is created within the secretary of state's office.
(2)(a) The secretary shall prepare a form((s)) entitled "declaration of state registered domestic partnership" ((and "notice of termination of state registered domestic partnership")) to meet the requirements of RCW 26.60.010, 26.60.020, 26.60.030, and 26.60.070.
(b) The "declaration of state registered domestic partnership" form must contain a statement that registration may affect property and inheritance rights, that registration is not a substitute for a will, deed, or partnership agreement, and that any rights conferred by registration may be completely superseded by a will, deed, or other instrument that may be executed by either party. The form must also contain instructions on how the partnership may be terminated.
(((c) The "notice of termination of state registered domestic partnership" form must contain a statement that termination may affect property and inheritance rights, including beneficiary designations, and other agreements, such as the appointment of a state registered domestic partner as an attorney-in-fact under a power of attorney.))
(3) ((The secretary shall distribute these forms to each county clerk. These)) This form((s)) shall be available to the public at the secretary of state's office((, each county clerk,)) and on the internet.
(4) The secretary shall adopt rules necessary to implement the administration of the state domestic partnership registry.
NEW SECTION.  Sec. 64.  The following acts or parts of acts are each repealed:
(1) RCW 43.07.050 (Bureau of statistics—Secretary ex officio commissioner) and 2009 c 549 s 5028 & 1965 c 8 s 43.07.050;
(2) RCW 43.07.090 (Bureau of statistics—Power to obtain statistics—Penalty) and 2009 c 549 s 5029 & 1965 c 8 s 43.07.090;
(3) RCW 43.07.100 (Bureau of statistics—Information confidential—Penalty) and 1965 c 8 s 43.07.100;
(4) RCW 43.07.110 (Bureau of statistics—Deputy commissioner) and 2009 c 549 s 5030 & 1965 c 8 s 43.07.110; and
(5) RCW 43.07.205 (Contract to issue conditional federal employer identification numbers, credentials, and documents in conjunction with license applications) and 1997 c 51 s 3."
SHB 2359 - S AMD TO ACRE COMM AMD (S-4909.1/16) 693
By Senators Pedersen, Roach, Miloscia
ADOPTED 03/01/2016
On page 66, line 30 of the title amendment, after "91.08.380," strike "and 49.12.450" and insert "49.12.450, 43.07.173, 43.07.190, and 43.07.400"
On page 66, line 32 of the title amendment, after "19.27A.035" insert ", 43.07.050, 43.07.090, 43.07.100, 43.07.110, and 43.07.205"
EFFECT: Authorizes the secretary of state's office to accept electronic transmissions of certain corporations and partnership related documents. Extends current secretary of state authority to require a summary face sheet or cover sheet for certain filings to also include those submitted by limited liability companies. Removes a statutory requirement for the secretary of state's office to prepare and make available a form entitled "notice of termination of state registered domestic partnership." Removes statutory references to the bureau of statistics. Removes an authorization for the secretary of state to contract with federal agencies to issue federal employer identification numbers or other federal documents in conjunction with an application for certain state licenses.
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