SENATE BILL REPORT

SB 6492

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by Senate Committee On:

Government Operations & Security, February 4, 2016

Title: An act relating to filing documents with the corporations division of the secretary of state's office.

Brief Description: Concerning filing documents with the corporations division of the secretary of state's office.

Sponsors: Senators Pedersen and Roach; by request of Secretary of State.

Brief History:

Committee Activity: Government Operations & Security: 2/04/16, 2/04/16 [DPS, w/oRec].

SENATE COMMITTEE ON GOVERNMENT OPERATIONS & SECURITY

Majority Report: That Substitute Senate Bill No. 6492 be substituted therefor, and the substitute bill do pass.

Signed by Senators Roach, Chair; Benton, Vice Chair; Pearson, Vice Chair; Dansel, Habib and Takko.

Minority Report: That it be referred without recommendation.

Signed by Senator McCoy.

Staff: Samuel Brown (786-7470)

Background: Secretary of State. The Secretary of State is a statewide elected official, serving as the state's chief elections officer and overseeing the filing of various business documents.

Partnerships, for-profit corporations, and nonprofit corporations doing business in Washington must file various documents with the Secretary of State. The Secretary of State must accept and file facsimile transmissions of any documents required from businesses, including partnerships, for-profit corporations, and nonprofit corporations. The Secretary of State may require the use of a summary face sheet or cover sheet reflecting the contents of the attachment when doing so would expedite review of documents filed by for-profit and nonprofit corporations, professional service corporations, cooperative associations, trusts, fraternal societies, and limited partnerships.

Domestic Partnerships. Couples sharing a common residence and in which one person is at least 62 years of age or older may enter into state-registered domestic partnerships. For all purposes under state law, registered domestic partners must be treated the same as married persons. Partners in a state-registered domestic partnership may apply and receive a marriage license so long as the partners are otherwise eligible to marry. Persons seeking to become state-registered domestic partners must file a declaration with the Secretary of State and pay a filing fee.

Summary of Bill (Recommended Substitute): Various statutes relating to responsibilities of and documents filed with the Secretary of State are modified.

The Secretary of State may accept and file electronic documents and signatures for required corporate and partnership filings.

The Secretary of State may require that limited liability companies use a summary face sheet or cover sheet when it would expedite documentary review.

Statutory references to the Bureau of Statistics are removed.

EFFECT OF CHANGES MADE BY GOVERNMENT OPERATIONS & SECURITY COMMITTEE (Recommended Substitute): References to notices of termination of state-registered domestic partnerships are restored.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: This cleans up corporate filing statutes. Two-thirds of filings are from limited liability companies. The Secretary of State no longer has the Bureau of Statistics function.

Persons Testifying: PRO: Senator Pedersen, prime sponsor; Pam Floyd, Office of the Secretary of State.

Persons Signed In To Testify But Not Testifying: No one.