BILL REQ. #:  H-2085.1 

READ FIRST TIME 02/24/05.   

     AN ACT Relating to increasing the penalty for intercepting, recording, or divulging private communications in executive sessions; amending RCW 42.30.020; adding a new section to chapter 42.30 RCW; prescribing penalties; providing an effective date; and declaring an emergency.

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

Sec. 1   RCW 42.30.020 and 1985 c 366 s 1 are each amended to read as follows:
     As used in this chapter unless the context indicates otherwise:
     (1) "Public agency" means:
     (a) Any state board, commission, committee, department, educational institution, or other state agency which is created by or pursuant to statute, other than courts and the legislature;
     (b) Any county, city, school district, special purpose district, or other municipal corporation or political subdivision of the state of Washington;
     (c) Any subagency of a public agency which is created by or pursuant to statute, ordinance, or other legislative act, including but not limited to planning commissions, library or park boards, commissions, and agencies;
     (d) Any policy group whose membership includes representatives of publicly owned utilities formed by or pursuant to the laws of this state when meeting together as or on behalf of participants who have contracted for the output of generating plants being planned or built by an operating agency.
     (2) "Governing body" means the multimember board, commission, committee, council, or other policy or rule-making body of a public agency, or any committee thereof when the committee acts on behalf of the governing body, conducts hearings, or takes testimony or public comment.
     (3) "Action" means the transaction of the official business of a public agency by a governing body including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final actions. "Final action" means a collective positive or negative decision, or an actual vote by a majority of the members of a governing body when sitting as a body or entity, upon a motion, proposal, resolution, order, or ordinance.
     (4) "Meeting" means meetings at which action is taken.
     (5) "Executive session" means any nonpublic meeting of a governing body held for one or more of the purposes enumerated in RCW 42.30.110.

NEW SECTION.  Sec. 2   A new section is added to chapter 42.30 RCW to read as follows:
     (1) Except as otherwise provided in this chapter, it is unlawful for any person to knowingly violate RCW 9.73.030 by intercepting or recording communications or conversations:
     (a) In an executive session held pursuant to chapter 42.30 RCW; and
     (b) Without the clear consent of the governing body that has convened the subject executive session.
     (2) A person who violates this section is guilty of committing a class C felony.
     (3) Nothing in this section is deemed to prohibit a person from exercising his or her right to record communications and conversations that take place during an open and public meeting.

NEW SECTION.  Sec. 3   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005.