BILL REQ. #:  S-1882.1 

READ FIRST TIME 03/05/03.   

     AN ACT Relating to open public meetings; and amending RCW 42.30.040, 42.30.060, and 42.30.070.

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

Sec. 1   RCW 42.30.040 and 1971 ex.s. c 250 s 4 are each amended to read as follows:
     A member of the public shall not be required, as a condition to attendance at a meeting of a governing body, to register his or her name and other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance.
     The governing body may require persons desiring to speak or present written comments to identify themselves.

Sec. 2   RCW 42.30.060 and 1989 c 42 s 1 are each amended to read as follows:
     (1) ((No)) A governing body of a public agency ((shall)) may adopt ((any)) an ordinance, resolution, rule, regulation, order, or directive((, except in)) only when the action is taken at a meeting:
     (a)(i) Open to the public ((and then only at a meeting)), (ii) for which the date ((of which is)) and location are fixed by law or rule, (iii) for which the deadlines and procedure for posting the meeting agenda are fixed by law or rule, and (iv) for which the time allotted per agenda item is fixed by law or rule; or ((at a meeting of))
     (b) For which notice has been given according to the provisions of this chapter.
     Any action taken at meetings failing to comply with the provisions of this subsection shall be null and void.
     (2) No governing body of a public agency at any meeting required to be open to the public shall vote by secret ballot. Any vote taken in violation of this subsection shall be null and void, and shall be considered an "action" under this chapter.

Sec. 3   RCW 42.30.070 and 1983 c 155 s 2 are each amended to read as follows:
     The governing body of a public agency shall provide the location of and the time for holding regular meetings by ordinance, resolution, bylaws, or by whatever other rule is required for the conduct of business by that body. Unless otherwise provided for in the act under which the public agency was formed, meetings of the governing body need not be held within the boundaries of the territory over which the public agency exercises jurisdiction. For meetings attended by one or more governing bodies with authority over at least two mutually exclusive jurisdictions, governing bodies must adopt guidelines for setting the location of and time for holding such multijurisdictional meetings by ordinance, resolution, bylaws, or whatever other rule is required for the conduct of business by that body. Where two or more governing bodies with different jurisdictions meet, their guidelines must produce determinations of meeting time and location that do not conflict. If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day. If, by reason of fire, flood, earthquake, or other emergency, there is a need for expedited action by a governing body to meet the emergency, the presiding officer of the governing body may provide for a meeting site other than the regular meeting site and the notice and agenda requirements of this chapter shall be suspended during such emergency. It shall not be a violation of the requirements of this chapter for a majority of the members of a governing body to travel together or gather for purposes other than a regular meeting or a special meeting as these terms are used in this chapter: PROVIDED, That they take no action as defined in this chapter.