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SEVENTEENTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, January 28, 1998

The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present.

The Sergeant at Arms Color Guard, consisting of Pages Sandra Feng and Rachel Jordon, presented the Colors. Reverend Doug Dornhecker, pastor of the First Christian Church of Olympia, offered the prayer.

MOTION

On motion of Senator Johnson, the reading of the Journal of the previous day was dispensed with and it was approved.

MOTION

On motion of Senator Rasmussen, the following resolution was adopted:

SENATE RESOLUTION 1998-8686

By Senators Rasmussen, Morton, Spanel, Strannigan, Roach and Kohl

WHEREAS, Washington is home to eight hundred and eighteen dairy farms and 264,000 dairy cows; and

WHEREAS, Washington's dairy cows are the eighth most productive in America, averaging more than 3,400 pounds of milk per cow above the national average; and

WHEREAS, In the latest statistics, the total annual milk production in Washington was 5.2 billion pounds in 1996; and

WHEREAS, Washington's livestock and livestock products established an all-time record high value, with milk as the number-one commodity in the category; and

WHEREAS, Our state's dairy farmers contributed approximately $800 million to the state's economy in 1996, a fifteen percent increase over the previous year; and

WHEREAS, Milk production ranks second in dollar value among all of Washington's bountiful agricultural commodities; and

WHEREAS, In addition, many of Washington's manufactured dairy products, such as butter, cheeses, and ice cream, have seen remarkable increases in production and value in recent years; and

WHEREAS, Washington's dairy industry is actually older than the state itself; and

WHEREAS, The first creamery in Washington was started at Cheney in 1880, at a time when cattle outnumbered territorial residents by more than two-to-one; and

WHEREAS, Citizens throughout the state today honor this special industry with the annual Dairy Day celebration at the State Capitol; and

WHEREAS, The Washington State Dairy Federation is the proud sponsor of this observance; and

WHEREAS, Karen Olson, a graduate of W.F. West High School in Chehalis, is representing the dairy industry with distinction as the reigning Washington State Dairy Ambassador, as well as serving an eleven month internship with the Washington Dairy Products Commission; and

WHEREAS, Her alternates are Kristina Rasmussen of La-Center, who represents Clark County dairy farmers; and Christina Streuli of Enumclaw, a freshman at the University of Washington, who represents King and Pierce Counties’ dairy farmers; and

WHEREAS, Ben and Carol Krause of Everett, Maynard and Kay Axelson of Mount Vernon, and Bill and Lisa DeRuyter of Sunnyside, are admirably representing the dairy farmers of Washington as the 1998 Washington State Dairy Families of the Year;

NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate acknowledge and honor the women and men whose work on dairy farms throughout Washington has contributed so much to the strength and vitality of our state and its economy, the character of our communities, and the general well-being of our citizens; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Washington State Dairy Ambassador Karen Olson, alternates Kristina Rasmussen and Christina Streuli, and to Ben and Carol Krause, Maynard and Kay Axelson, and Bill and Lisa DeRuyter.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced Karen Olson, the Washington State Dairy Ambassador and Alternate Ambassadors Kristina Rasmussen and Christina Streuli, who were seated on the rostrum.

With permission of the Senate, business was suspended to permit Dairy Ambassador Karen to address the Senate.

The President also welcomed and introduced the Ben and Carol Krause family of Everett, the Maynard and Kay Axelson family of Mount Vernon and the Bill and Lisa DeRuyter family of Sunnyside, the 1998 Dairy Families of the Year, who were seated in the gallery.

MOTION

On motion of Senator Johnson, the Senate reverted to the first order of business.

REPORTS OF STANDING COMMITTEES

January 27, 1998

SB 5853 Prime Sponsor, Senator Goings: Providing for fire protection district finance officers. Reported by Committee on Government Operations

MAJORITY Recommendation: That Substitute Senate Bill No. 5853 be substituted therefor, and the substitute bill do pass. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Haugen, Horn, Patterson and T. Sheldon.

Passed to Committee on Rules for second reading.

January 27, 1998

SB 6117 Prime Sponsor, Senator Morton: Creating a salmon license buyback program. Reported by Committee on Natural Resources and Parks

MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Prentice, Roach, Snyder, Spanel, Stevens and Swecker.

Referred to Committee on Ways and Means.

January 27, 1998

SB 6130 Prime Sponsor, Senator Swecker: Regulating underground storage tanks. Reported by Committee on Agriculture and Environment

MAJORITY Recommendation: That Substitute Senate Bill No. 6130 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Morton, Chair; Swecker, Vice Chair; Fraser, McAuliffe, Newhouse, Oke and Rasmussen.

Passed to Committee on Rules for second reading.

January 27, 1998

SB 6149 Prime Sponsor, Senator Swecker: Requiring the regional fisheries enhancement group advisory board to make recommendations on certain fiscal matters. Reported by Committee on Natural Resources and Parks

MAJORITY Recommendation: Do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Prentice, Roach, Snyder, Spanel, Stevens and Swecker.

Passed to Committee on Rules for second reading.

January 27 1998

SB 6150 Prime Sponsor, Senator Swecker: Requiring recommendations concerning selective fishing strategies. Reported by Committee on Natural Resources and Parks

MAJORITY Recommendation: That Substitute Senate Bill No. 6150 be substituted therefor, and the substitute bill do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Prentice, Roach, Snyder, Stevens and Swecker.

Passed to Committee on Rules for second reading.

January 27, 1998

SB 6168 Prime Sponsor, Senator Prentice: Developing housing for temporary workers. Reported by Committee on Agriculture and Environment

MAJORITY Recommendation: That Substitute Senate Bill No. 6168 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Morton, Chair; Swecker, Vice Chair; Fraser, McAuliffe, Newhouse, Oke and Rasmussen.

Referred to Committee on Ways and Means.

January 27, 1998

SB 6195 Prime Sponsor, Senator Long: Correcting statutory references. Reported by Committee on Human Services and Corrections

MAJORITY Recommendation: That Substitute Senate Bill No. 6195 be substituted therefor, and the substitute bill do pass. Signed by Senators Long, Chair; Zarelli, Vice Chair; Franklin, Hargrove, Kohl, Schow and Stevens.

Passed to Committee on Rules for second reading.

January 27, 1998

SB 6216 Prime Sponsor, Senator Horn: Allowing the department of social and health services to recover revenue from vendors that have been overpaid. Reported by Committee on Human Services and Corrections

MAJORITY Recommendation: That Substitute Senate Bill No. 6216 be substituted therefor, and the substitute bill do pass. Signed by Senators Long, Chair; Zarelli, Vice Chair; Franklin, Hargrove and Stevens.

Passed to Committee on Rules for second reading.

January 27, 1998

SB 6219 Prime Sponsor, Senator McDonald: Making technical corrections to the Revised Code of Washington concerning reports to the legislature that are no longer necessary. Reported by Committee on Government Operations

MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Haugen, Patterson and T. Sheldon.

Passed to Committee on Rules for second reading.

January 27, 1998

SB 6223 Prime Sponsor, Senator McCaslin: Revising provisions for filing with the state tax board. Reported by Committee on Government Operations

MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Haugen, Horn, Patterson and T. Sheldon.

Passed to Committee on Rules for second reading.

January 27, 1998

SB 6278 Prime Sponsor, Senator Horn: Specifying the number of signatures required on a petition to place on the ballot the question of changing the name of a port district. Reported by Committee on Government Operations

MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Haugen, Horn, Patterson and T. Sheldon.

Passed to Committee on Rules for second reading.

January 27, 1998

SB 6284 Prime Sponsor, Senator Hochstatter: Prescribing mandatory titles in school excess-levy titles. Reported by Committee on Education

MAJORITY Recommendation: That Substitute Senate Bill No. 6284 be substituted therefor, and the substitute bill do pass. Signed by Senators Hochstatter, Chair; Finkbeiner, Vice Chair; Johnson and Zarelli.

MINORITY Recommendation: Do not pass substitute. Signed by Senators Goings, McAuliffe and Rasmussen.

Passed to Committee on Rules for second reading.

January 27, 1998

SB 6326 Prime Sponsor, Senator Show: Regulating disclosure of students' social security numbers. Reported by Committee on Education

MAJORITY Recommendation: That Substitute Senate Bill No. 6326 be substituted therefor, and the substitute bill do pass. Signed by Senators Hochstatter, Chair; Finkbeiner, Vice Chair; Johnson, Rasmussen and Zarelli.

Passed to Committee on Rules for second reading.

January 27, 1998

SB 6348 Prime Sponsor, Senator Hale: Eliminating requirements for filing certificates or annual summaries for sales and use tax exemptions on manufacturing machinery and equipment. Reported by Committee on Government Operations

MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Haugen, Horn, Patterson and T. Sheldon.

Passed to Committee on Rules for second reading.

January 27, 1998

SB 6451 Prime Sponsor, Senator Deccio: Resolving conflicts in lodging tax statutes enacted in 1997. Reported by Committee on Government Operations

MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Haugen, Horn, Patterson and T. Sheldon.

Passed to Committee on Rules for second reading.

January 27, 1998

SB 6513 Prime Sponsor, Senator Jacobsen: Providing open government through unedited televised coverage of state government proceedings. Reported by Committee on Government Operations

MAJORITY Recommendation: That the bill be referred to Committee on Ways and Means without recommendation. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Haugen, Patterson and T. Sheldon.

Referred to Committee on Ways and Means.

January 27, 1998

SB 6551 Prime Sponsor, Senator Horn: Providing a process to site boarding homes and adult family homes in cities. Reported by Committee on Health and Long-Term Care

MAJORITY Recommendation: That the bill be referred to Committee on Government Operations without recommendation. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Fairley, Franklin and Wojahn.

Referred to Committee on Government Operations.

MOTION

On motion of Senator Johnson, Senate Bill No. 6130 was referred to the Committee on Rules.

REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS

January 27, 1998

GA 9266 TOM HILYARD, appointed October 1, 1997, for a term ending September 30, 2002, as a member of the Board of Trustees for Bates Technical College, District No. 28.

Reported by Committee on Higher Education

MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Wood, Chair; Winsley, Vice Chair; Hale, Kohl, Patterson, Prince, B. Sheldon and West.

Passed to Committee on Rules.

January 27, 1998

GA 9273 THOMAS W. MALONE, appointed October 1, 1997, for a term ending September 30, 2002, as a member of the Board of Trustees for Seattle, South Seattle and North Seattle Community Colleges District No. 6.

Reported by Committee on Higher Education

MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Wood, Chair; Winsley, Vice Chair; Hale, Kohl, Patterson, Prince, B. Sheldon and West.

Passed to Committee on Rules.

January 27, 1998

GA 9300 WILLIAM MARLER, appointed December 15, 1997, for a term ending September 30, 2003, as a member of the Board of Regents for Washington State University.

Reported by Committee on Higher Education

MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Wood, Chair; Winsley, Vice Chair; Hale, Kohl, Patterson, Prince, B. Sheldon and West.

Passed to Committee on Rules.

There being no objection, the President advanced the Senate to the third order of business.

MESSAGES FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS

September 15, 1997

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following reappointment, subject to your confirmation.

RuthAnn Kurose, reappointed September 15, 1997, for a term ending September 30, 2002, as a member of the Board of Trustees for Bellevue Community College District No. 8.

Sincerely

GARY LOCK, Governor

Referred to Committee on Higher Education.

December 22, 1997

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following reappointment, subject to your confirmation.

Esther L. Patrick, reappointed December 22, 1997, for a term ending September 30, 2002, as a member of the Board of Trustees for Highline Community College District No. 9.

Sincerely

GARY LOCK, Governor

Referred to Committee on Higher Education.

January 7, 1998

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment, subject to your confirmation.

Jesus “Jess” del Bosque, appointed January 7, 1998, for a term ending September 30, 2002, as a member of the Board of Trustees for Skagit Valley Community College District No. 4.

Sincerely

GARY LOCK, Governor

Referred to Committee on Higher Education.

There being no objection, the President advanced the Senate to the fourth order of business.

MESSAGES FROM THE HOUSE

January 26, 1998

MR. PRESIDENT:

The House has passed:

SUBSTITUTE HOUSE BILL NO. 1150,

ENGROSSED HOUSE BILL NO. 1508,

HOUSE BILL NO. 1638,

ENGROSSED HOUSE BILL NO. 2302,

SUBSTITUTE HOUSE BILL NO. 2321, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

January 26, 1998

MR. PRESIDENT:

The House has passed SECOND SUBSTITUTE HOUSE BILL NO. 1065, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

There being no objection, the President advanced the Senate to the fifth order of business.

INTRODUCTION AND FIRST READING

SB 6700 by Senators Thibaudeau, Fraser, Kline and Kohl

AN ACT Relating to environmental protection of vulnerable subpopulations; amending RCW 70.94.011, 70.94.030, 70.105.005, 70.105.010, 70.105D.010, 70.105D.020, 90.48.010, and 90.48.020; adding new sections to chapter 70.94 RCW; adding new sections to chapter 70.105 RCW; adding new sections to chapter 70.105D RCW; and adding new sections to chapter 90.48 RCW.

Referred to Committee on Agriculture and Environment.

SB 6701 by Senators Fairley, Long, Kline and Thibaudeau

AN ACT Relating to actions for injuries resulting from health care; amending RCW 4.16.350; and creating a new section.

Referred to Committee on Law and Justice.

SB 6702 by Senators Long, Hargrove, Stevens, Winsley and Oke

AN ACT Relating to treatment and housing for persons with both substance abuse problems and mental disorders; and creating a new section.

Referred to Committee on Human Services and Corrections.

SB 6703 by Senators McDonald, Fairley, Deccio, Kline, Winsley, Bauer, Rasmussen, Stevens, Prentice, Long, Finkbeiner, Wojahn and Kohl

AN ACT Relating to establishing a public/private endowment for developmental disabilities services; reenacting and amending RCW 43.79A.040; adding a new chapter to Title 71A RCW; creating a new section; and making appropriations.

Referred to Committee on Health and Long-Term Care.

SB 6704 by Senators Anderson, Haugen, Fraser, Swecker and Rasmussen

AN ACT Relating to promoting flood safety through local planning; amending RCW 86.12.010, 86.12.020, 86.12.030, 86.12.034, 86.12.200, 86.12.210, 86.12.220, 36.70A.150, 36.70A.160, 64.06.020, and 86.26.007; adding new sections to chapter 86.12 RCW; adding a new section to chapter 36.70A RCW; adding a new section to chapter 43.21C RCW; and creating new sections.

Referred to Committee on Natural Resources and Parks.

SB 6705 by Senators Wood, Haugen, Benton, Goings, B. Sheldon, Jacobsen, Bauer, Strannigan, Deccio, Rasmussen, Oke, Morton, Horn, Schow, Stevens and Spanel

AN ACT Relating to restrictions on hazardous material on state ferries; and amending RCW 47.60.135.

Referred to Committee on Transportation.

SB 6706 by Senators Fairley and Winsley

AN ACT Relating to live adult entertainment; adding a new chapter to Title 19 RCW; and prescribing penalties.

Referred to Committee on Law and Justice.

SB 6707 by Senators Schow and Roach (by request of Department of Revenue)

AN ACT Relating to public utility tax on motor transportation business; amending RCW 82.16.010 and 82.16.020; and providing an effective date.

Referred to Committee on Ways and Means.

SB 6708 by Senators Franklin, Hargrove, Fairley, Patterson, Heavey and Winsley

AN ACT Relating to road rage; amending RCW 9.94A.390 and 13.40.150; reenacting and amending RCW 46.63.020; adding a new section to chapter 46.61 RCW; creating a new section; prescribing penalties; and providing an effective date.

Referred to Committee on Law and Justice.

SB 6709 by Senators Wood, Haugen, Winsley, Patterson and Heavey

AN ACT Relating to requiring regional transit authority train sets and rolling stock to be from manufacturers based in Washington and primarily made in Washington; and adding a new section to chapter 81.104 RCW.

Referred to Committee on Transportation.

SB 6710 by Senators Haugen, Goings, Horn and Rasmussen

AN ACT Relating to the powers and duties of commercial vehicle enforcement officers and commercial vehicle officers; and adding a new section to chapter 43.43 RCW.

Referred to Committee on Transportation.

SB 6711 by Senators Haugen, Goings, Horn and Rasmussen

AN ACT Relating to the powers and duties of commercial vehicle enforcement officers and commercial vehicle officers; and adding a new section to chapter 43.43 RCW.

Referred to Committee on Transportation.

SB 6712 by Senators Roach and Rasmussen

AN ACT Relating to criminal mistreatment; amending RCW 43.43.830; adding a new section to chapter 9A.42 RCW; and prescribing penalties.

Referred to Committee on Law and Justice.

SB 6713 by Senators McCaslin, Haugen, Hale and Winsley

AN ACT Relating to proposed bond issues; amending RCW 7.25.010, 7.25.020, 7.25.030, and 7.25.040; and adding a new section to chapter 7.25 RCW.

Referred to Committee on Law and Justice.

SB 6714 by Senators Anderson, Heavey, Strannigan, Rasmussen, Rossi, Finkbeiner, Stevens, Goings, Roach, T. Sheldon, Long, Hargrove, Deccio, Franklin, Johnson, Schow, Swecker, Oke, Winsley and Kline

AN ACT Relating to real estate excise tax revenues related to construction of capital improvements to public schools; adding a new section to chapter 82.45 RCW; and adding a new section to chapter 43.09 RCW.

Referred to Committee on Government Operations.

SB 6715 by Senators Winsley, Wood and Rasmussen

AN ACT Relating to the termination of rental agreements under the mobile home landlord-tenant act; and amending RCW 59.20.090.

Referred to Committee on Financial Institutions, Insurance and Housing.

SB 6716 by Senators Kohl, Long, Winsley, Kline, Prentice and Rasmussen (by request of Department of Social and Health Services)

AN ACT Relating to background checks for persons being authorized to care for children; and amending RCW 74.15.030.

Referred to Committee on Human Services and Corrections.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

2SHB 1065 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives L. Thomas, Wolfe and Mason ) (by request of Insurance Commissioner Senn)

Filing certain insurance related corporate documents.

Referred to Committee on Financial Institutions, Insurance and Housing.

SHB 1150 by House Committee on Law and Justice (originally sponsored by Representatives Cairnes, Cooper, L. Thomas, Sterk, Zellinsky, Radcliff, Wood, Hankins, Clements, Skinner, McMorris, Wensman, D. Schmidt, DeBolt, Keiser, Thompson, Carlson, O'Brien, Quall and Anderson)

Making assault of a school employee or sports official an aggravating factor for sentencing.

Referred to Committee on Law and Justice.

EHB 1508 by Representatives Wensman, D. Schmidt, Cooper, Chopp, Doumit, Blalock, Dickerson, B. Thomas and Thompson

Maintaining a list of absentee ballots.

Referred to Committee on Government Operations.

HB 1638 by Representative Kessler (by request of Secretary of State Munro)

Permitting an absentee ballot request on the election or primary day.

Referred to Committee on Government Operations.

EHB 2302 by Representatives Honeyford, Lisk, Wolfe, Scott, Gardner and Hankins

Authorizing counties that hold money in trust for school purposes to distribute the money to school districts.

Referred to Committee on Government Operations.

SHB 2321 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives L. Thomas, Smith and Wolfe)

Allowing consumer loan companies to charge borrowers fees for services provided by third parties.

Referred to Committee on Financial Institutions, Insurance and Housing.

MOTION

At 10:18 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.

The Senate was called to order at 10:53 a.m. by President Owen.

There being no objection, the President advanced the Senate to the seventh order of business.

MOTION

On motion of Senator Hale, Senator Swecker was excused.

THIRD READING

SUBSTITUTE SENATE BILL NO. 5636, by Senate Committee on Natural Resources and Parks (originally sponsored by Senators Oke, Swecker, Rossi and Horn)

Revising health inspection warrants for local health officers in response to pollution in commercial or recreational shellfish harvesting areas.

The bill was read the third time.

Debate ensued

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5636.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5636 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Snyder, Spanel, Stevens, Strannigan, West, Winsley, Wojahn, Wood and Zarelli - 45. Voting nay: Senators Heavey, Sheldon, T. and Thibaudeau - 3. Excused: Senator Swecker - 1. SUBSTITUTE SENATE BILL NO. 5636, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

THIRD READING

SENATE BILL NO. 5065, by Senators Roach, Haugen, Johnson and Winsley (by request of Secretary of State Munro)

Regulating naming of businesses.

MOTION

On motion of Senator Roach, the rules were suspended, Senate Bill No. 5065 was returned to second reading and read the second time.

MOTION

Senator Roach moved that the following amendment by Senator Stevens be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 23B.04.010 and 1994 c 211 s 1304 are each amended to read as follows:

(1) A corporate name:

(a) Must contain the word "corporation," "incorporated," "company," or "limited," or the abbreviation "corp.," "inc.," "co.," or "ltd.";

(b) Must not contain language stating or implying that the corporation is organized for a purpose other than those permitted by RCW 23B.03.010 and its articles of incorporation;

"Bank," "banking," "banker," "trust," "cooperative," or any combination of the words "industrial" and "loan," or any combination of any two or more of the words "building," "savings," "loan," "home," "association," and "society," or any other words or phrases prohibited by any statute of this state; and

(d) Except as authorized by subsections (2) and (3) of this section, must be distinguishable upon the records of the secretary of state from:

(i) The corporate name of a corporation incorporated or authorized to transact business in this state;

(ii) A corporate name reserved or registered under ((RCW 23B.04.020 or 23B.04.030)) chapter 23B.04 RCW;

(iii) The fictitious name adopted ((pursuant to)) under RCW 23B.15.060 by a foreign corporation authorized to transact business in this state because its real name is unavailable;

(iv) The corporate name or reserved name of a not-for-profit corporation incorporated or authorized to conduct affairs in this state under chapter 24.03 RCW;

(v) The name or reserved name of a mutual corporation or miscellaneous corporation incorporated or authorized to do business under chapter 24.06 RCW;

(vi) The name or reserved name of a foreign or domestic limited partnership formed or registered under chapter ((25.08 or)) 25.10 RCW; ((and

(vi))) (vii) The name or reserved name of ((any)) a limited liability company organized or registered under chapter 25.15 RCW; and

(viii) The name or reserved name of a limited liability partnership registered under chapter 25.04 RCW.

(2) A corporation may apply to the secretary of state for authorization to use a name that is not distinguishable upon the records from one or more of the names described in subsection (1) of this section. The secretary of state shall authorize use of the name applied for if:

(a) The other corporation, company, holder, limited liability partnership, or limited partnership consents to the use in writing and files with the secretary of state documents necessary to change its name or the name reserved or registered to a name that is distinguishable upon the records of the secretary of state from the name of the applying corporation; or

(b) The applicant delivers to the secretary of state a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant's right to use the name applied for in this state.

(3) A corporation may use the name, including the fictitious name, of another domestic or foreign corporation, ((or of another domestic or foreign)) limited liability company, ((or of a domestic or foreign)) limited partnership, or limited liability partnership, that is used in this state if the other ((corporation is incorporated or authorized to transact business in this state, or if the limited liability company is organized or authorized to transact business in this state, or if the limited partnership)) entity is formed or authorized to transact business in this state, and the proposed user corporation:

(a) Has merged with the other corporation, limited liability company, or limited partnership; or

(b) Has been formed by reorganization of the other corporation.

(4) This title does not control the use of assumed business names or "trade names."

(5) A name shall not be considered distinguishable upon the records of the secretary of state by virtue of:

(a) A variation in ((the designation, under subsection (1)(a) of this section, used for the same name)) any of the following designations for the same name: "Corporation," "incorporated," "company," "limited," "partnership," "limited partnership," "limited liability company," or "limited liability partnership," or the abbreviations "corp.," "inc.," "co.," "ltd.," "LP," "L.P.," "LLP," "L.L.P.," "LLC," or "L.L.C.";

(b) The addition or deletion of an article or conjunction such as "the" or "and" from the same name;

(d) Use of abbreviation or the plural form of a word in the same name.

Sec. 2. RCW 23B.15.060 and 1989 c 165 s 174 are each amended to read as follows:

(1) No certificate of authority shall be issued to a foreign corporation unless the corporate name of such corporation:

(a) Contains the word "corporation," "incorporated," "company," or "limited," or the abbreviation "corp.," "inc.," "co.," or "ltd.";

(b) Does not contain language stating or implying that the corporation is organized for a purpose other than that permitted by RCW 23B.03.010 and its articles of incorporation;

(c) Does not contain any of the following words or phrases: "Bank," "banking," "banker," "trust," "cooperative," or any combination of the words "industrial" and "loan," or any combination of any two or more words "building," "savings," "loan," "home," "association," and "society," or any other words or phrases prohibited by any statute of this state; and

(d) Except as authorized by subsections (((3))) (4) and (((4))) (5) of this section, is distinguishable upon the records of the secretary of state from:

(i) The corporate name of a corporation incorporated or authorized to transact business in this state;

(ii) A corporate name reserved or registered under ((RCW 23B.04.020 or 23B.04.030)) chapter 23B.04 RCW;

(iii) The fictitious name adopted pursuant to subsection (((2))) (3) of this section by a foreign corporation authorized to transact business in this state because its real name is unavailable;

(iv) The corporate name or reserved name of a not-for-profit corporation incorporated or authorized to conduct affairs in this state under chapter 24.03 RCW; ((and))

(v) The name or reserved name of a mutual corporation or miscellaneous corporation incorporated or authorized to do business under chapter 24.06 RCW;

(vi) The name or reserved name of a foreign or domestic limited partnership formed or registered under chapter 25.10 RCW;

(vii) The name or reserved name of any limited liability company organized or registered under chapter 25.15 RCW; and

(viii) The name or reserved name of any limited liability partnership registered under chapter 25.04 RCW.

(2) A name shall not be considered distinguishable under the same grounds as provided under RCW 23B.04.010.

(3) If the corporate name of a foreign corporation does not satisfy the requirements of subsection (1) of this section, the foreign corporation to obtain or maintain a certificate of authority to transact business in this state:

(a) May add the word "corporation," "incorporated," "company," or "limited," or the abbreviation "corp.," "inc.," "co.," or "ltd.," to its corporate name for use in this state; or

(b) May use a fictitious name to transact business in this state if its real name is unavailable and it delivers to the secretary of state for filing a copy of the resolution of its board of directors, certified by its secretary, adopting the fictitious name.

(((3))) (4) A foreign corporation may apply to the secretary of state for authorization to use a name that is not distinguishable upon the records from one or more of the names described in subsection (1)(d) of this section. The secretary of state shall authorize use of the name applied for if:

(((4))) (5) A foreign corporation may use in this state the name, including the fictitious name, of another domestic or foreign corporation that is used in this state if the other corporation is incorporated or authorized to transact business in this state and the foreign corporation:

(a) Has merged with the other corporation; or

(b) Has been formed by reorganization of the other corporation.

(((5))) (6) If a foreign corporation authorized to transact business in this state changes its corporate name to one that does not satisfy the requirements of subsection (1) of this section, it may not transact business in this state under the changed name until it adopts a name satisfying such requirements and obtains an amended certificate of authority under RCW 23B.15.040.

Sec. 3. RCW 24.03.045 and 1994 c 211 s 1305 are each amended to read as follows:

The corporate name:

(1) Shall not contain any word or phrase which indicates or implies that it is organized for any purpose other than one or more of the purposes contained in its articles of incorporation.

(2) ((Shall not be the same as, or deceptively similar to, the name of any corporation, whether for profit or not for profit, existing under any act of this state, or any foreign corporation, whether for profit or not for profit, authorized to transact business or conduct affairs in this state, any foreign or domestic limited liability company on file with the secretary of state, any domestic or foreign limited partnership on file with the secretary, or a limited partnership existing under chapter 25.10 RCW, or a corporate name reserved or registered as permitted by the laws of this state. This subsection shall not apply if the applicant files with the secretary of state either of the following: (a) The written consent of the other corporation, limited liability company, limited partnership, or holder of a reserved name to use the same or deceptively similar name and one or more words are added or deleted to make the name distinguishable from the other name as determined by the secretary of state, or (b) a certified copy of a final decree of a court of competent jurisdiction establishing the prior right of the applicant to the use of the name in this state.)) (a) Except as provided in (b) and (c) of this subsection, must be distinguishable upon the records of the secretary of state from:

(i) The corporate name or reserved name of a corporation or domestic corporation organized or authorized to transact business under this chapter;

(ii) A corporate name reserved or registered under chapter 23B.04 RCW;

(iii) The fictitious name adopted under RCW 23B.15.060 by a foreign corporation authorized to transact business in this state because its real name is unavailable;

(iv) The name or reserved name of a mutual corporation or miscellaneous corporation incorporated or authorized to do business under chapter 24.06 RCW;

(v) The name or reserved name of a foreign or domestic limited partnership formed or registered under chapter 25.10 RCW;

(vi) The name or reserved name of a limited liability company organized or registered under chapter 25.15 RCW; and

(vii) The name or reserved name of a limited liability partnership registered under chapter 25.04 RCW.

(b) A corporation may apply to the secretary of state for authorization to use a name that is not distinguishable upon the records from one or more of the names described in (a) of this subsection. The secretary of state shall authorize use of the name applied for if:

(i) The other corporation, company, holder, limited liability partnership, or limited partnership consents to the use in writing and files with the secretary of state documents necessary to change its name or the name reserved or registered to a name that is distinguishable upon the records of the secretary of state from the name of the applying corporation; or

(ii) The applicant delivers to the secretary of state a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant's right to use the name applied for in this state.

(c) A corporation may use the name, including the fictitious name, of another domestic or foreign corporation, limited liability company, limited partnership, or limited liability partnership, that is used in this state if the other entity is formed or authorized to transact business in this state, and the proposed user corporation:

(i) Has merged with the other corporation, limited liability company, or limited partnership; or

(ii) Has been formed by reorganization of the other corporation.

(3) Shall be transliterated into letters of the English alphabet, if it is not in English.

(4) Shall not include or end with "incorporated," "company," "corporation," "partnership," "limited partnership," or "Ltd.," or any abbreviation thereof, but may use "club," "league," "association," "services," "committee," "fund," "society," "foundation," ". . . . . ., a nonprofit corporation," or any name of like import.

(5) May only include the term "public benefit" or names of like import if the corporation has been designated as a public benefit nonprofit corporation by the secretary in accordance with this chapter.

(6) A name shall not be considered distinguishable upon the records of the secretary of state by virtue of:

(a) A variation in any of the following designations for the same name: "Corporation," "incorporated," "company," "limited," "partnership," "limited partnership," "limited liability company," or "limited liability partnership," or the abbreviations "corp.," "inc.," "co.," "ltd.," "LP," "L.P.," "LLP," "L.L.P.," "LLC," or "L.L.C.";

(b) The addition or deletion of an article or conjunction such as "the" or "and" from the same name;

(d) Use of abbreviation or the plural form of a word in the same name.

(7) This title does not control the use of assumed business names or "trade names."

Sec. 4. RCW 24.06.045 and 1995 c 337 s 22 are each amended to read as follows:

The corporate name:

(1) Shall not contain any word or phrase which indicates or implies that it is organized for any purpose other than one or more of the purposes contained in its articles of incorporation.

(2) ((Shall not be the same as, or deceptively similar to, the name of any corporation existing under any act of this state, or any foreign corporation authorized to transact business or conduct affairs in this state under any act of this state, or the name of any limited liability company organized or authorized to transact business under any act of this state, the name of a domestic or foreign limited partnership on file with the secretary, or a corporate name reserved or registered as permitted by the laws of this state. This subsection shall not apply if the applicant files with the secretary of state either of the following: (a) The written consent of the other corporation, limited liability company, limited partnership, or holder of a reserved name to use the same or deceptively similar name and one or more words are added or deleted to make the name distinguishable from the other name as determined by the secretary of state, or (b) a certified copy of a final decree of a court of competent jurisdiction establishing the prior right of the applicant to the use of the name in this state.)) (a) Except as provided in (b) and (c) of this subsection, must be distinguishable upon the records of the secretary of state from:

(i) The corporate name of a corporation organized or authorized to transact business in this state;

(ii) A corporate name reserved or registered under chapter 23B.04 RCW;

(iii) The name or reserved name of a mutual corporation or miscellaneous corporation incorporated or authorized to do business under this chapter;

(iv) The fictitious name adopted under RCW 23B.15.060 by a foreign corporation authorized to transact business in this state because its real name is unavailable;

(v) The corporate name or reserved name of a not-for-profit corporation incorporated or authorized to conduct affairs in this state under chapter 24.03 RCW;

(vi) The name or reserved name of a foreign or domestic limited partnership formed or registered under chapter 25.10 RCW;

(vii) The name or reserved name of a limited liability company organized or registered under chapter 25.15 RCW; and

(viii) The name or reserved name of a limited liability partnership registered under chapter 25.04 RCW.

(c) A corporation may use the name, including the fictitious name, of another domestic or foreign corporation, limited liability company, limited partnership, or limited liability partnership, that is used in this state if the other entity is incorporated, organized, formed, or authorized to transact business in this state, and the proposed user corporation:

(i) Has merged with the other corporation, limited liability company, or limited partnership; or

(ii) Has been formed by reorganization of the other corporation.

(3) Shall be transliterated into letters of the English alphabet if it is not in English.

(4) The name of any corporation formed under this section shall not include nor end with "incorporated", "company", or "corporation" or any abbreviation thereof, but may use "club", "league", "association", "services", "committee", "fund", "society", "foundation", ". . . . . ., a nonprofit mutual corporation", or any name of like import.

(5) A name shall not be considered distinguishable upon the records of the secretary of state by virtue of:

(b) The addition or deletion of an article or conjunction such as "the" or "and" from the same name;

(d) Use of abbreviation or the plural form of a word in the same name.

(6) This title does not control the use of assumed business names or "trade names."

Sec. 5. RCW 25.04.710 and 1995 c 337 s 3 are each amended to read as follows:

(1) To become and to continue as a limited liability partnership, a partnership shall file with the secretary of state an application stating the name of the partnership; 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 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.

(2) The application shall be executed by a majority in interest of the partners or by one or more partners authorized to execute an application.

(3) The application shall be accompanied by a fee of one hundred seventy-five dollars for each partnership.

(4) The secretary of state shall register as a limited liability partnership any partnership that submits a completed application with the required fee and the name of which complies with RCW 25.04.715.

(5) A partnership registered under this section shall 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 in interest of the partners or by one or more partners 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 shall be sent by certified mail, return receipt requested, 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, shall not be affected by: (a) Errors in the information stated in an application under subsection (1) of this section or a notice under subsection (5) 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 (1) of this section or a notice under subsection (5) of this section.

Sec. 6. RCW 25.04.715 and 1995 c 337 s 4 are each amended to read as follows:

(1) The name of a limited liability partnership shall contain the words "limited liability partnership" or the abbreviation "L.L.P." or "LLP" as the last words or letters of its name.

(2) Except as provided in subsections (3) and (4) of this section, the name must be distinguishable upon the records of the secretary of state from:

(a) The corporate name of a corporation organized or authorized to transact business in this state;

(b) A corporate name reserved or registered under chapter 23B.04 RCW;

(c) The name or reserved name of a mutual corporation or miscellaneous corporation incorporated or authorized to do business under chapter 24.06 RCW;

(d) The fictitious name adopted under RCW 23B.15.060 by a foreign corporation authorized to transact business in this state because its real name is unavailable;

(e) The corporate name or reserved name of a not-for-profit corporation incorporated or authorized to conduct affairs in this state under chapter 24.03 RCW;

(f) The name or reserved name of a foreign or domestic limited partnership formed or registered under chapter 25.10 RCW;

(g) The name or reserved name of a limited liability company organized or registered under chapter 25.15 RCW; and

(h) The name of a limited liability partnership registered under chapter 25.04 RCW.

(3) A limited liability partnership may apply to the secretary of state for authorization to use a name that is not distinguishable upon the records from one or more of the names described in subsection (2) of this section. The secretary of state shall authorize use of the name applied for if:

(a) The other holder consents to the use in writing and files with the secretary of state documents necessary to change its name or the name reserved or registered to a name that is distinguishable upon the records of the secretary of state from the name of the applying corporation; or

(4) A limited liability partnership may use the name, including the fictitious name, of another domestic or foreign corporation, or of another domestic or foreign limited liability company or of a domestic or foreign limited partnership or domestic or foreign limited liability partnership, that is used in this state if the other corporation is incorporated or authorized to transact business in this state, or if the limited liability company is organized or authorized to transact business in this state, or if the limited partnership is incorporated, organized, formed, or authorized to transact business in this state, and the proposed user corporation:

(a) Has merged with the other corporation, limited liability company, or limited partnership; or

(b) Has been formed by reorganization of the other corporation.

(5) A name shall not be considered distinguishable upon the records of the secretary of state by virtue of:

(b) The addition or deletion of an article or conjunction such as "the" or "and" from the same name;

(d) Use of abbreviation or the plural form of a word in the same name.

(6) This chapter does not control the use of assumed business names or "trade names."

NEW SECTION. Sec. 7. A new section is added to chapter 25.04 RCW, to be codified to follow RCW 25.04.715 immediately, to read as follows:

(1) The exclusive right to the use of a name may be reserved by:

(a) A person intending to organize a limited liability partnership under this chapter and to adopt that name;

(b) A domestic or foreign limited liability partnership registered in this state which intends to adopt that name;

(d) A person intending to organize a foreign limited liability partnership and intending to have it registered in this state and adopt that name.

(2) The reservation shall be made by filing with the secretary of state an application, executed by the applicant, to reserve a specified name, accompanied by a fee established by the secretary of state by rule. If the secretary of state finds that the name is available for use by a domestic or foreign limited liability partnership, the secretary of state shall reserve the name for the exclusive use of the applicant for a period of one hundred eighty days. The reservation is limited to one filing and is nonrenewable.

A person or partnership may transfer the right to the exclusive use of a reserved name to any other person by filing in the office of the secretary of state a notice of the transfer, executed by the applicant for whom the name was reserved and specifying the name and address of the transferee.

Sec. 8. RCW 25.10.020 and 1996 c 76 s 1 are each amended to read as follows:

(1) The name of each limited partnership formed pursuant to this chapter as set forth in its certificate of limited partnership:

(a) Shall contain the words "limited partnership" or the abbreviation "LP" or "L.P.";

(b) May not contain the name of a limited partner unless (i) it is also the name of a general partner, or the corporate name of a corporate general partner, or (ii) the business of the limited partnership had been carried on under that name before the admission of that limited partner;

(c) May not contain any of the following words or phrases: "Bank", "banking", "banker", "trust", "cooperative"; or any combination of the words "industrial" and "loan"; or any combination of any two or more of the words "building", "savings", "loan", "home", "association" and "society"; or any other words or phrases prohibited by any statute of this state;

(d) Except as authorized by subsections (2) and (3) of this section, must be distinguishable upon the records of the secretary of state from:

(i) The name or reserved name of a foreign or domestic limited partnership;

(ii) The name of ((any)) a limited liability company reserved, registered, or formed under the laws of this state or qualified to do business as a foreign limited liability company in this state under chapter 25.15 RCW;

(iii) The corporate name of a corporation incorporated or authorized to transact business in this state;

(iv) A corporate name reserved or registered under ((RCW 23B.04.020 or 23B.04.030)) chapter 23B.04 RCW;

(v) The corporate name or reserved name of a not-for-profit corporation incorporated or authorized to conduct affairs in this state under chapter 24.03 RCW;

(vi) The name or reserved name of a mutual corporation or miscellaneous corporation incorporated or authorized to do business under chapter 24.06 RCW;

(vii) The fictitious name adopted ((pursuant to)) under RCW 23B.15.060 by a foreign corporation authorized to transact business in this state because its real name is unavailable; and

(((vi) The corporate name of a not-for-profit corporation incorporated or authorized to conduct affairs in this state.)) (viii) The name or reserved name of a limited liability partnership registered under chapter 25.04 RCW.

(2) A limited partnership may apply to the secretary of state for authorization to use a name that is not distinguishable upon the records from one or more of the names described in subsection (1) of this section. The secretary of state shall authorize use of the name applied for if:

(a) The other limited partnership, company, corporation, limited liability partnership, or holder consents to the use in writing and files with the secretary of state documents necessary to change its name or the name reserved or registered to a name that is distinguishable upon the records of the secretary of state from the name of the applying limited partnership; or

(3) A limited partnership may use the name, including the fictitious name, of another domestic or foreign limited partnership, limited liability company, limited liability partnership, or corporation that is used in this state if the other ((limited partnership, limited liability company, or corporation)) entity is organized, incorporated, formed, or authorized to transact business in this state and the proposed user limited partnership:

(a) Has merged with the other limited partnership, limited liability company, limited liability partnership, or corporation; or

(b) Results from reorganization with the other limited partnership, limited liability company, or corporation.

(4) A name shall not be considered distinguishable upon the records of the secretary of state by virtue of:

(b) The addition or deletion of an article or conjunction such as "the" or "and" from the same name;

(d) Use of abbreviation or the plural form of a word in the same name.

(5) This ((title)) chapter does not control the use of assumed business names or "trade names."

Sec. 9. RCW 25.15.010 and 1996 c 231 s 5 are each amended to read as follows:

(1) The name of each limited liability company as set forth in its certificate of formation:

(a) Must contain the words "Limited Liability Company," the words "Limited Liability" and abbreviation "Co.," or the abbreviation "L.L.C." or "LLC";

(b) Except as provided in subsection (1)(d) of this section, may contain the name of a member or manager;

(c) Must not contain language stating or implying that the limited liability company is organized for a purpose other than those permitted by RCW 25.15.030;

(d) Must not contain any of the words or phrases: "Bank," "banking," "banker," "trust," "cooperative," "partnership," "corporation," "incorporated," or the abbreviations "corp.," "ltd.," or "inc.," or "LP," "L.P.," "LLP," "L.L.P.," or any combination of the words "industrial" and "loan," or any combination of any two or more of the words "building," "savings," "loan," "home," "association," and "society," or any other words or phrases prohibited by any statute of this state; and

(e) Must be distinguishable upon the records of the secretary of state from the names described in RCW 23B.04.010(1)(d) and 25.10.020(1)(d), and the names of any limited liability company reserved, registered, or formed under the laws of this state or qualified to do business as a foreign limited liability company in this state.

(2) A limited liability company may apply to the secretary of state for authorization to use any name which is not distinguishable upon the records of the secretary of state from one or more of the names described in subsection (1)(e) of this section. The secretary of state shall authorize use of the name applied for if the other corporation, limited partnership, limited liability partnership, or limited liability company consents in writing to the use and files with the secretary of state documents necessary to change its name or the name reserved or registered to a name that is distinguishable upon the records of the secretary of state from the name of the applying limited liability company.

(3) A name shall not be considered distinguishable upon the records of the secretary of state by virtue of:

(b) The addition or deletion of an article or conjunction such as "the" or "and" from the same name;

(d) Use of abbreviation or the plural form of a word in the same name.

(4) This chapter does not control the use of assumed business names or "trade names."

Sec. 10. RCW 25.15.325 and 1996 c 231 s 10 are each amended to read as follows:

(1) A foreign limited liability company may register with the secretary of state under any name (whether or not it is the name under which it is registered in the jurisdiction of its formation) that includes the words "Limited Liability Company," the words "Limited Liability" and the abbreviation "Co.," or the abbreviation "L.L.C." or "LLC" and that could be registered by a domestic limited liability company. A foreign limited liability company may apply to the secretary of state for authorization to use a name which is not distinguishable upon the records of the office of the secretary of state from the names described in RCW 23B.04.010(((1)(d))) and 25.10.020, and the names of any domestic or foreign limited liability company reserved, registered, or formed under the laws of this state. The secretary of state shall authorize use of the name applied for if the other corporation, limited liability company, limited liability partnership, or limited partnership consents in writing to the use and files with the secretary of state documents necessary to change its name, or the name reserved or registered to a name that is distinguishable upon the records of the secretary of state from the name of the applying foreign limited liability company.

(2) Each foreign limited liability company shall continuously maintain in this state:

(a) A registered office, which may but need not be a place of its business in this state. The registered office shall be at a specific geographic location in this state, and be identified by number, if any, and street, or building address or rural route, or, if a commonly known street or rural route address does not exist, by legal description. A registered office may not be identified by post office box number or other nongeographic address. For purposes of communicating by mail, the secretary of state may permit the use of a post office address in the same city as the registered office in conjunction with the registered office address if the foreign limited liability company also maintains on file the specific geographic address of the registered office where personal service of process may be made;

(b) A registered agent for service of process on the foreign limited liability company, which agent may be either an individual resident of this state whose business office is identical with the foreign limited liability company's registered office, or a domestic corporation, a limited partnership or limited liability company, or a foreign corporation authorized to do business in this state having a business office identical with such registered office; and

(c) A registered agent who shall not be appointed without having given prior written consent to the appointment. The written consent shall be filed with the secretary of state in such form as the secretary may prescribe. The written consent shall be filled with or as a part of the document first appointing a registered agent. In the event any individual, limited liability company, limited partnership, or corporation has been appointed agent without consent, that person or corporation may file a notarized statement attesting to that fact, and the name shall forthwith be removed from the records of the secretary of state.

(3) A foreign limited liability company may change its registered office or registered agent by delivering to the secretary of state for filing a statement of change that sets forth:

(a) The name of the foreign limited liability company;

(b) If the current registered office is to be changed, the street address of the new registered office in accord with subsection (2)(a) of this section;

(c) If the current registered agent is to be changed, the name of the new registered agent and the new agent's written consent, either on the statement or attached to it, to the appointment; and

(d) That after the change or changes are made, the street addresses of its registered office and the business office of its registered agent will be identical.

(4) If a registered agent changes the street address of the agent's business office, the registered agent may change the street address of the registered office of any foreign limited liability company for which the agent is the registered agent by notifying the foreign limited liability company in writing of the change and signing, either manually or in facsimile, and delivering to the secretary of state for filing a statement that complies with the requirements of subsection (3) of this section and recites that the foreign limited liability company has been notified of the change.

(5) A registered agent of any foreign limited liability company may resign as agent by signing and delivering to the secretary of state for filing a statement that the registered office is also discontinued. After filing the statement the secretary of state shall mail a copy of the statement to the foreign limited liability company at its principal ((office address shown in its most recent annual report, or the address of its principal)) place of business shown in its application for certificate of registration if no annual report has been filed. The agency appointment is terminated, and the registered office discontinued if so provided, on the thirty-first day after the date on which the statement was filed.

Sec. 11. RCW 25.15.015 and 1994 c 211 s 103 are each amended to read as follows:

(1) Reserved Name.

(a) A person may reserve the exclusive use of a limited liability company name by delivering an application to the secretary of state for filing. The application must set forth the name and address of the applicant and the name proposed to be reserved. If the secretary of state finds that the limited liability company name applied for is available, the secretary of state shall reserve the name for the applicant's exclusive use for a nonrenewable one hundred eighty-day period.

(b) The owner of a reserved limited liability company name may transfer the reservation to another person by delivering to the secretary of state a signed notice of the transfer that states the name and address of the transferee.

(2) Registered Name.

(a) A foreign limited liability company may register its name if the name is distinguishable upon the records of the secretary of state from the names specified in RCW 25.15.010(((1)(e))).

(b) A foreign limited liability company registers its name by delivering to the secretary of state for filing an application that:

(i) Sets forth its name and the state or country and date of its organization; and

(ii) Is accompanied by a certificate of existence, or a document of similar import, from the state or country of organization.

(c) The name is registered for the applicant's exclusive use upon the effective date of the application and until the close of the calendar year in which the application for registration is filed.

(d) A foreign limited liability company whose registration is effective may renew it for successive years by delivering to the secretary of state for filing a renewal application, which complies with the requirements of (b) of this subsection, between October 1st and December 31st of the preceding year. The renewal application when filed renews the registration for the following calendar year.

(e) A foreign limited liability company whose registration is effective may thereafter qualify as a foreign limited liability company under the registered name, or consent in writing to the use of that name by a limited liability company thereafter organized under this chapter, by a corporation thereafter formed under Title 23B RCW, by a limited partnership thereafter formed under chapter 25.10 RCW, or by another foreign limited liability company, foreign corporation, or foreign limited partnership thereafter authorized to transact business in this state. The registration terminates when the domestic limited liability company is organized, the domestic corporation is incorporated, or the domestic limited partnership is formed, or the foreign limited liability company qualifies or consents to the qualification of another foreign limited liability company, corporation, or limited partnership under the registered name."

Debate ensued.

The President declared the question before the Senate to be the adoption of the striking amendment by Senator Stevens to Senate Bill No. 5065.

The motion by Senator Roach carried and the striking amendment was adopted by voice vote.

MOTIONS

On motion of Senator Roach, the following title amendment was adopted: On page 1, line 1 of the title, after "organizations;" strike the remainder of the title and insert "amending RCW 23B.04.010, 23B.15.060, 24.03.045, 24.06.045, 25.04.710, 25.04.715, 25.10.020, 25.15.010, 25.15.325, and 25.15.015; and adding a new section to chapter 25.04 RCW." On motion of Senator Roach, the rules were suspended, Engrossed Senate Bill No. 5065 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

On motion of Senator Franklin, Senator Fraser was excused.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5065.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5065 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Fraser and Swecker - 2. ENGROSSED SENATE BILL NO. 5065, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

THIRD READING

SENATE BILL NO. 5164, by Senators Haugen, Long, Goings, Patterson, Franklin and Bauer

Removing certain tenants and occupants from a mobile home park.

The bill was read the third time.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5164.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5164 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 5; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, West, Winsley, Wood and Zarelli - 43. Voting nay: Senators Fairley, Heavey, Kohl, Thibaudeau and Wojahn - 5. Excused: Senator Swecker - 1. SENATE BILL NO. 5164, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

THIRD READING

SECOND SUBSTITUTE SENATE BILL NO. 5084, by Senate Committee on Ways and Means (originally sponsored by Senators Roach, Schow, Benton, Swecker, Zarelli, Morton, Hochstatter, Johnson, McCaslin, Winsley, Stevens and Oke)

Modifying the definition of a qualified party and the amount of attorneys' fees they may recover in an action appealing a state agency directive.

The bill was read the third time.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5084.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5084 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 11; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Stevens, Strannigan, West, Winsley, Wood and Zarelli - 37. Voting nay: Senators Fairley, Franklin, Fraser, Heavey, Jacobsen, Kline, Kohl, Prentice, Spanel, Thibaudeau and Wojahn - 11. Excused: Senator Swecker - 1. SECOND SUBSTITUTE SENATE BILL NO. 5084, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

THIRD READING

SUBSTITUTE SENATE BILL NO. 5196, by Senate Committee on Ways and Means (originally sponsored by Senators Strannigan, West, Bauer, Heavey, Prentice and Wood)

Allowing a business and occupation tax deduction for certain amusement devices.

MOTION

On motion of Senator West, the rules were suspended, Substitute Senate Bill No. 5196 was returned to second reading and read the second time.

MOTIONS

On motion of Senator Strannigan, the following amendment was adopted:

On page 1, line 11, strike "January" and insert "July" On motion of Senator West, the rules were suspended, Engrossed Substitute Senate Bill No. 5196 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5196.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5196 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 6; Absent, 1; Excused, 1.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Stevens, Strannigan, West, Winsley, Wojahn, Wood and Zarelli - 41. Voting nay: Senators Fairley, Fraser, Prentice, Snyder, Spanel and Thibaudeau - 6. Absent: Senator Goings - 1. Excused: Senator Swecker - 1. ENGROSSED SUBSTITUTE SENATE BILL NO. 5196, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

THIRD READING

ENGROSSED SUBSTITUTE SENATE BILL NO. 5479, by Senate Committee on Education (originally sponsored by Senators Benton, West, Hochstatter, Swecker, McDonald and Oke)

Changing time periods for provisional status for certificated employees.

The bill was read the third time.

Debate ensued.

MOTION

On motion of Senator Johnson, further consideration of Engrossed Substitute Senate Bill No. 5479 was deferred.

THIRD READING

SENATE BILL NO. 5622, by Senators Long, Strannigan and Winsley

Removing the expiration of tax exemptions for new construction of alternative housing for youth in crisis.

The bill was read the third time.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5622.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5622 and the bill passed the Senate by the following vote:

Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Swecker - 1. SENATE BILL NO. 5622, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

THIRD READING

SUBSTITUTE SENATE BILL NO. 6050, by Senate Committee on Ways and Means (originally sponsored by Senator Oke)

Providing tax exemptions for state route number 16 corridor improvements constructed under chapter 47.46 RCW.

MOTIONS

On motion of Senator Oke, the rules were suspended, Substitute Senate Bill No. 6050 was returned to second reading and read the second time.

Senator Oke moved that the following amendment by Senators Oke and West be adopted:

On page 1, after line 4, strike all of section 1 and insert the following:

"NEW SECTION. Sec. 1. The legislature finds and declares that tax exemptions and deferrals on state route number 16 corridor improvements, constructed under the public-private initiatives in transportation program, would decrease both the initial cost of the project and the operating costs of the facility once it is in operation. A sales and use tax deferral and leasehold tax exemptions would lower initial toll levels charged to users of the facility, reduce the need for toll increases, and reduce the length of time tolls are imposed. Lower toll rates increase the likelihood of favorable voter response to the advisory vote required under chapter 47.46 RCW on the state route number 16 corridor improvements project.

NEW SECTION. Sec. 2. A new section is added to chapter 47.46 RCW to read as follows:

(1) A private entity that is party to an agreement under this chapter may apply for deferral of taxes on the site preparation for, the construction of, the acquisition of any related machinery and equipment which will become a part of, and the rental of equipment for use in the state route number 16 corridor improvements project under this chapter. Application shall be made to the department of revenue in a form and manner prescribed by the department of revenue. The application shall contain information regarding estimated or actual costs, time schedules for completion and operation, and other information required by the department of revenue. The department of revenue shall approve the application within sixty days if it meets the requirements of this section.

(2) The department of revenue shall issue a sales and use tax deferral certificate for state and local sales and use taxes due under chapters 82.08, 82.12, and 82.14 RCW on the project. The use of the certificate shall be governed by rules established by the department of revenue.

(3) A private entity granted a deferral under this section shall begin paying the deferred taxes in the fifth year after the date certified by the department of revenue as the date on which the project is operationally complete. The first payment is due on December 31st of the fifth calendar year after such certified date, with subsequent annual payments due on December 31st of the following four years. Each payment shall equal twenty percent of the deferred tax.

(4) The department of revenue may authorize an accelerated repayment schedule upon request of a private entity granted a deferral under this section.

(5) Interest shall not be charged on any taxes deferred under this section for the period of deferral, although all other penalties and interest applicable to delinquent excise taxes may be assessed and imposed for delinquent payments under this section. The debt for deferred taxes is not extinguished by insolvency or other failure of the private entity.

(6) Applications and any other information received by the department of revenue under this section are not confidential and are subject to disclosure. Chapter 82.32 RCW applies to the administration of this section."

Renumber the sections consecutively.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Oke and West on page 1, after line 4, to Substitute Senate Bill No. 6050.

The motion by Senator Oke carried and the amendment was adopted.

MOTION

Senator Fraser moved that the following amendment by Senators Fraser, Loveland, Spanel, Rasmussen and Goings be adopted: On page 1, after line 4, strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds and declares that state tax exemptions and deferrals on state route number 16 corridor improvements, constructed under the public-private initiatives in transportation program, would decrease both the initial cost of the project and the operating costs of the facility once it is in operation. A state sales and use tax deferral and leasehold tax exemptions would lower initial toll levels charged to users of the facility, reduce the need for toll increases, and reduce the length of time tolls are imposed. Lower toll rates increase the likelihood of favorable voter response to the advisory vote required under chapter 47.46 RCW on the state route number 16 corridor improvements project.

NEW SECTION. Sec. 2. A new section is added to chapter 47.46 RCW to read as follows:

(1) A private entity that is party to an agreement under this chapter may apply for deferral of state taxes on the site preparation for, the construction of, the acquisition of any related machinery and equipment which will become a part of, and the rental of equipment for use in the state route number 16 corridor improvements project under this chapter. Application shall be made to the department of revenue in a form and manner prescribed by the department of revenue. The application shall contain information regarding estimated or actual costs, time schedules for completion and operation, and other information required by the department of revenue. The department of revenue shall approve the application within sixty days if it meets the requirements of this section.

(2) The department of revenue shall issue a sales and use tax deferral certificate for state and local sales and use taxes due under chapters 82.08 and 82.12 RCW on the project. The project is subject to local tax under chapter 82.14 RCW. The use of the certificate shall be governed by rules established by the department of revenue.

(3) A private entity granted a state tax deferral under this section shall begin paying the deferred taxes in the fifth year after the date certified by the department of revenue as the date on which the project is operationally complete. The first payment is due on December 31st of the fifth calendar year after such certified date, with subsequent annual payments due on December 31st of the following nine years. Each payment shall equal ten percent of the deferred tax.

(4) The department of revenue may authorize an accelerated repayment schedule upon request of a private entity granted a deferral under this section.

NEW SECTION. Sec. 3. A new section is added to chapter 82.29A RCW to read as follows:

All leasehold interests in the state route number 16 corridor improvements project constructed and operated under chapter 47.46 RCW are exempt from state tax under RCW 82.29A.030." Debate ensued.

Senator Betti Sheldon demanded a roll call and the demand was sustained.

Further debate ensued.

POINT OF INQUIRY

Senator Betti Sheldon: “Senator Oke, how much do you think the toll will be reduced by this leasehold extension and the state sales tax deferral?”

Senator Oke: “Well, at this point in time, there really is no way to tell, because we estimate right now that the bridge would cost three hundred and two million dollars--and it has been suggested to me that what we are doing could save the toll as much as fifty cents from the exemptions we are making.”

Senator Betti Sheldon: “Fifty cents--and that would be from about what level to what level then?”

Senator Oke: “Right now, with this exemption in place, we are trying to keep it at three dollars. With the passage of this amendment, I think it would possibly go up considerably over that. The whole package we put together, as it has been shared with me by the folks that figured this out, would amount to about fifty cents. I know you are trying to cut into a portion of it, but I guess my real intent right now is to get this bill to the House side. We are going to see it again; they are going to make some changes to it over there. So, this isn't the last day, but I want to get it moving to the House to make sure we get it through over there. Last time, we had it through here quickly, but it didn't make it through the other side.”

The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Fraser, Loveland, Spanel, Rasmussen and Goings on page 1, after line 4, to Substitute Senate Bill No. 6050.

ROLL CALL

The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Snyder, Spanel, Thibaudeau and Wojahn - 23. Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26.

MOTIONS

On motion of Senator West, the following title amendment was adopted:

On page 1, on line 3 of the title, after "82.29A.130;", insert "adding a new section to chapter 47.46 RCW;" On motion of Senator West, the rules were suspended, Engrossed Substitute Senate Bill No. 6050 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6050.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6050 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 13; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 36. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Kline, Kohl, Loveland, McAuliffe, Patterson, Spanel, Thibaudeau and Wojahn - 13. ENGROSSED SUBSTITUTE SENATE BILL NO. 6050, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

At 12:05 p.m., on motion of Senator Johnson, the Senate adjourned until 12:00 noon, Thursday, January 29, 1998.

BRAD OWEN, President of the Senate

MIKE O'CONNELL, Secretary of the Senate