S-814                 _______________________________________________

                                                   SENATE BILL NO. 5291

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Metcalf, Barr, Benitz and Rasmussen

Read first time 1/20/89 and referred to Committee on   Governmental Operations.

AN ACT Relating to open meetings; and amending RCW 39.34.030.

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

        Sec. 1.  Section 4, chapter 239, Laws of 1967 as last amended by section 2, chapter 308, Laws of 1981 and RCW 39.34.030 are each amended to read as follows:

          (1) Any power or powers, privileges or authority exercised or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any other public agency of this state having the power or powers, privilege or authority, and jointly with any public agency of any other state or of the United States to the extent that laws of such other state or of the United States permit such joint exercise or enjoyment.  Any agency of the state government when acting jointly with any public agency may exercise and enjoy all of the powers, privileges and authority conferred by this chapter upon a public agency.

          (2) Any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of this chapter:  PROVIDED, That any such joint or cooperative action by public agencies which are educational service districts and/or school districts shall comply with the provisions of RCW 28A.58.107, as now or hereafter amended.  Appropriate action by ordinance, resolution or otherwise pursuant to law of the governing bodies of the participating public agencies shall be necessary before any such agreement may enter into force.

          (3) Any such agreement shall specify the following:

          (a) Its duration;

          (b) The precise organization, composition and nature of any separate legal or administrative entity created thereby together with the powers delegated thereto, provided such entity may be legally created.  Such entity may include a nonprofit corporation whose membership is limited solely to the participating public agencies and the funds of any such corporation shall be subject to audit in the manner provided by law for the auditing of public funds;

          (c) Its purpose or purposes;

          (d) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor;

          (e) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination;

          (f) Any other necessary and proper matters.

          (4) In the event that the agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, the agreement shall, in addition to items (a), (c), (d), (e) and (f) enumerated in subdivision (3) hereof, contain the following:

          (a) Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking.  In the case of a joint board, public agencies party to the agreement shall be represented;

          (b) The manner of acquiring, holding and disposing of real and personal property used in the joint or cooperative undertaking.  Any joint board is authorized to establish a special fund with a state, county, city, or district treasurer servicing an involved public agency designated "Operating fund of .......... joint board".

          (5) No agreement made pursuant to this chapter shall relieve any public agency of any obligation or responsibility imposed upon it by law except that to the extent of actual and timely performance thereof by a joint board or other legal or administrative entity created by an agreement made hereunder, said performance may be offered in satisfaction of the obligation or responsibility.

          (6) Financing of joint projects by agreement shall be as provided by law.

(7) Actions and deliberations concerning any proposed agreement under this chapter shall be undertaken openly by requiring participating state agencies to give notice and permit the public and any interested individual to attend public meetings, subject to the  requirements and restrictions which may be applicable under chapters 42.30 and 34.05 RCW.

NEW SECTION. Sec. 2.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.