HOUSE BILL REPORT

HB 1038

BYRepresentatives Haugen, S. Wilson, Cooper, May, Leonard, Horn, Nutley, Ferguson, Jones and D. Sommers 

Changing provisions relating to county legislative authority meetings.

House Committe on Local Government

Majority Report:  Do pass.  (13)

      Signed by Representatives Haugen, Chair; Cooper, Vice Chair; Ferguson, Ranking Republican Member; Horn, Nealey, Nelson, Nutley, Phillips, Raiter, Rayburn, Todd, Wolfe and Wood.

House Staff:Steve Lundin (786-7127)

AS PASSED HOUSE FEBRUARY 3, 1989

BACKGROUND:

Boards of county commissioners are required to hold regular sessions at the county seat on the first Mondays of January, April, July and October.  Boards of county commissioners are permitted to hold special sessions at other times upon giving notice of the special meetings, but the statute authorizing special meetings does not specify where such meetings must or may be held.

No appellate court decisions have been rendered in this state on whether or not a board of county commissioners can adopt an ordinance at a special meeting held outside of the county seat. Courts in other states with similar statutes vary on this issue. The Attorney General has opined that a board of county commissioners in this state may not adopt an ordinance at a meeting held outside of the county seat.

SUMMARY:

The requirement is deleted for boards of county commissioners to hold regular sessions to transact business at the county seat on a quarterly basis.

County legislative authorities are required to hold regular meetings at the county seat.  County legislative authorities are permitted to hold special meetings to transact business.  A special meeting may be held outside of the county seat at any location in the county if the agenda items are of unique interest to the citizens of the portion of the county in which the special meeting is to be held.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Jim Metcalf, Washington State Association of Counties.

House Committee - Testified Against:      Paul Locke, citizen.

House Committee - Testimony For:    At times county government should be able to hold a hearing, and adopt an ordinance, outside of the county seat if the ordinance is of particular interest to the citizens of a portion of the county.  This will permit such action.  Many counties have a geography that makes it difficult for people to travel to the county seat.  Counties will act responsibly.  The open public meetings law still applies.

House Committee - Testimony Against:      This is bad.  A county government could avoid pockets of resistance and hold a meeting where people support a measure. People know where the county courthouse is.