HOUSE BILL REPORT

SHB 1316

BYHouse Committee on Local Government (originally sponsored by Representatives Haugen, Ferguson, Cooper, Winsley, Spanel, Bumgarner, Holm, Unsoeld and Cole)

Revising provisions for meetings of boards of county commissioners.

House Committe on Local Government

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (12)

      Signed by Representatives Haugen, Chair; Cooper, Vice Chair; Beck, Butterfield, Dorn, Ferguson, Hine, Jones, Nealey, Nelson, Nutley and Zellinsky.

Minority Report:  Do not pass.  (1)

      Signed by Representative Rayburn.

House Staff:Steve Lundin (786-7127)

AS PASSED HOUSE FEBRUARY 8, 1988

BACKGROUND:

Boards of county commissioners are required to hold regular sessions at the county seat on the first Mondays of January, April, July and October.  Boards of county commissioners are permitted to hold special sessions at other times upon giving notice of the special meetings, but the statute authorizing special meetings does not specify where such meetings must or may be held.

No appellate court decisions have been rendered in this state on whether or not a board of county commissioners can adopt an ordinance at a special meeting held outside of the county seat.  Courts in other states vary on this issue.  The Attorney General has opined that a board of county commissioners in this state may not adopt an ordinance at a meeting held outside of the county seat, but may meet outside of the county seat and take testimony.

SUMMARY:

The requirement for boards of county commissioners to hold regular sessions at the county seat on a quarterly basis is deleted.  County legislative authorities are authorized to hold regular meetings at the county seat to transact business.  County legislative authorities are permitted to hold special meetings to transact any business.  Special meetings may be held outside of the county seat at any location within the county if the meeting items are of unique concern to the citizens of that portion of the county in which the special meeting is held.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Dwain Colby, Island County Commissioner; Gary Lowe, Washington State Association of Counties; and Paul Conrad, Allied Daily Newspapers.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    It is not clear if boards of county commissioners can adopt ordinances at meetings held outside of the county seat.  Several boards hold public hearings outside of the county seat on matters of unique interest to the area, but the official action is taken at the county seat.  Residents want to see the action being taken.  Sometimes county seats are far removed from areas in the county.

House Committee - Testimony Against:      This could effectively provide for a moving of the county seat without voter approval.