S-758                 _______________________________________________

                                                   SENATE BILL NO. 3319

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Talmadge, McCaslin and DeJarnatt

Read first time 1/24/85 and referred to Committee on Judiciary.

AN ACT Relating to open meetings; and amending RCW 42.30.120.

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

        Sec. 1.  Section 12, chapter 250, Laws of 1971 ex. sess. as amended by section 3, chapter 66, Laws of 1973 and RCW 42.30.120 are each amended to read as follows:

(1) Each member of the governing body who attends a meeting of such governing body where action is taken in violation of any provision of this chapter applicable to him, with knowledge of the fact that the meeting is in violation thereof, shall be subject to personal liability in the form of a civil penalty in the amount of one hundred dollars.  The civil penalty shall be assessed by a judge of the superior court and an action to enforce this penalty may be brought by any person.  A violation of this chapter does not constitute a crime and assessment of the civil penalty by a judge shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense.

(2) Any person who prevails against a public agency in any action in the courts for a violation of this chapter shall be awarded all costs, including reasonable attorney fees, incurred in connection with such legal action.