BILL REQ. #:  S-0368.1 

Read first time 01/17/2003.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to open public meetings; and amending RCW 42.30.030, 42.30.040, 42.30.060, and 42.30.070.

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

Sec. 1   RCW 42.30.030 and 1971 ex.s. c 250 s 3 are each amended to read as follows:
     All meetings of the governing body of a public agency shall be open and public and all persons shall be permitted to attend any meeting of the governing body of a public agency, except as otherwise provided in this chapter.
     An agenda must be posted at least seventy-two hours before each regular meeting and twenty-four hours before each special meeting. Each agenda item must be described with enough specificity to indicate the subject matter or action to be considered, but need not exceed twenty words per agenda item.
     At least fifteen minutes must be allotted for public comment for each agenda item. Each person desiring to speak must be allotted at least three minutes, except that the time allotted may be reduced proportionately if more than five people desire to speak on the agenda item. The governing body shall accept written comments in addition to spoken comments.

Sec. 2   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 himself or herself.

Sec. 3   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:
     (a) The action is taken at a meeting (i) open to the public ((and then only at a meeting,)) and (ii) for which the date ((of which)) is fixed by law or rule((,)) or ((at a meeting of which)) notice has been given according to the provisions of this chapter; and
     (b) The agenda for the meeting clearly indicates that the governing body may take final action on the matter.
     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. 4   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 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)) a governing body ((need not)) of a public agency defined under RCW 42.30.020(1)(a) must be held within the state. Meetings of a governing body of a public agency defined under RCW 42.30.020(1)(b) must be held within the boundaries of the territory over which the public agency exercises jurisdiction. Meetings of a governing body of a public agency defined under RCW 42.30.020(1) (c) or (d) must be held within the boundaries of the territory of a public agency served by the subagency or policy group. 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.