BILL REQ. #:  S-0186.1 

Read first time 01/17/2005.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to governmental consensus processes; adding a new section to chapter 42.17 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that many within the state executive branch use the consensus process for developing either proposed executive request legislation or agency rules. The legislature finds that while there are many benefits in the use of well-designed and administered consensus processes, there is also the potential for a misunderstanding of or a misuse in the consensus process.
     The legislature finds that the longstanding recognition of the right to free speech includes the right to place in the official state record a position of concern or opposition for the product reached through a consensus process.

NEW SECTION.  Sec. 2   A new section is added to chapter 42.17 RCW to read as follows:
     When a state agency uses the consensus process to develop either executive request legislation or rules adopted pursuant to chapter 34.05 RCW, the agency shall announce at the beginning of the process that there is an opportunity at the end of the process for either participants or persons who requested to participate but were disallowed from participating, to file written statements of support, concern, or opposition that will be appended to the final consensus document.
     Each state agency that uses the consensus process to formulate proposed executive request legislation or agency rules shall allow citizens to place a written statement of position in the official file regarding the product that is declared by the state agency as a consensus agreement. These position statements shall be filed within sixty days of the completion of the consensus process. These statements shall be retained in the agency's public record file and available in accordance with procedures established under the open public records act under this chapter.