Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Government Operations & Elections Committee

HB 2105

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Promoting transparency in government by requiring public agencies with governing bodies to post their agendas online in advance of meetings.

Sponsors: Representatives Hawkins, Bergquist, Buys, Hunt, Holy, Orwall, Ross, Pedersen, Reykdal, Hayes, Pollet, Kochmar, Hudgins, Magendanz, Moscoso, Vick, Riccelli, Klippert, Stonier, Nealey, Tarleton, Scott, Pike, Fagan, Fey, Seaquist, Chandler, Farrell, Haigh, Fitzgibbon, Sawyer, Moeller, Gregerson, Johnson, Haler, Appleton, Carlyle, Morrell, Goodman, Van De Wege and Freeman.

Brief Summary of Bill

  • Requires public agencies with governing bodies to post meeting agendas online at least 24 hours in advance of a regular meeting.

  • Exempts agencies that do not have websites or that have five or fewer full-time equivalent employees from posting agendas online.

Hearing Date: 1/14/14

Staff: Amanda Ondrick (786-7296); and Marsha Reilly (786-7135).

Background:

The Open Public Meetings Act (OPMA) requires all meetings of the governing body of a public agency to be open to the public and that all persons be allowed to attend. For the purpose of the OPMA, a public agency is defined broadly and includes, but is not limited to, any state board, commission, department, education institution, agency, local government, and special purpose district. A governing body is defined as the multi-member board, commission, committee, council, or other policy or rulemaking body of a public agency or any committee thereof that is acting on behalf of the public agency. A schedule for regular meetings must be provided by ordinance, resolution, bylaws, or other rule. State agencies must file a schedule of the time and place of meetings on or before January of each year to the Office of the Code Reviser for publication in the Washington state register. A $100 civil penalty can be issued to any member of a governing body who is aware that a meeting is in violation of the law. Current law does not require posting regular meeting agendas online.

Summary of Bill:

A new section is added to OPMA requiring public agencies with governing bodies to post meeting agendas online at least 24 hours in advance of each regular meeting. An agency is not required to post an agenda online if the agency does not have a website or if it employs fewer than five full-time equivalent employees. Failure to post an agenda does not invalidate actions taken at meetings.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.