BILL REQ. #:  H-0370.1 

Read first time 01/18/13.   Referred to Committee on Government Operations & Elections.

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

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

Sec. 1   RCW 42.30.040 and 2012 c 117 s 124 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. However, if the person wishes to provide comment on an action being considered by the public body, he or she may be asked to provide his or her name and address.

Sec. 2   RCW 42.30.060 and 1989 c 42 s 1 are each amended to read as follows:
     (1) No governing body of a public agency shall adopt any ordinance, resolution, rule, regulation, order, or directive, except in a meeting open to the public and then only at a meeting, 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. Any action taken at meetings failing to comply with the provisions of this subsection shall be null and void.
     (2)(a) Before taking final action on any ordinance, resolution, rule, regulation, order, or directive, a governing body of a public agency must allow for public comment regarding that ordinance, resolution, rule, regulation, order, or directive. The public comment may be taken at the beginning of a meeting at which final action is scheduled, or at a prior meeting for which notice of the comment period on proposed action has been provided.
     (b) Meeting materials prepared by a governing body relating to action on any ordinance, resolution, rule, regulation, order, or directive must be available to the public before the time for public comment unless such materials are exempt from disclosure under the public records act or other applicable law. As a best practice, governing bodies should post the materials on their web sites at least twenty-four hours before the period for public comment. If materials are not made available on agency web sites, those materials must be available at the time the meeting is called to order.
     (3) 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.