BILL REQ. #:  Z-0319.1 

Read first time 01/20/09.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to studying the feasibility of creating a board with public records act and open public meetings act responsibilities; creating a new section; and providing an expiration date.

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

NEW SECTION.  Sec. 1   (1)(a) A committee is created to study and report on the creation of a state board to adjudicate complaints alleging violations of chapter 42.56 RCW, the public records act, and to adjudicate complaints alleging violations of chapter 42.30 RCW, the open public meetings act, with thirteen members as provided in this subsection.
     (i) The governor shall appoint three members, one of whom represents the governor, one of whom represents local government, and one of whom represents the public.
     (ii) The attorney general shall appoint three members, one of whom represents the attorney general, one of whom represents a statewide media association, and one of whom represents the public.
     (iii) The state auditor shall appoint three members, one of whom represents the auditor, and two of whom represent the public.
     (iv) The president of the senate shall appoint one member from each of the two largest caucuses of the senate.
     (v) The speaker of the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives.
     (b) The chair of the committee shall be selected by its membership.
     (c) The terms of the committee members expire at the end of the 2010 legislative session.
     (2)(a) The committee shall study, prepare a draft report with recommendations, promptly seek public comment on the draft report, and submit a final report no later than November 15, 2009, on the creation of a state board with independent authority to:
     (i) Review and adjudicate complaints alleging violations of chapter 42.56 RCW, the public records act, and of chapter 42.30 RCW, the open public meetings act, in an expeditious and inexpensive process;
     (ii) Enforce the provisions of the public records act and the open public meetings act;
     (iii) Offer and provide alternative methods for dispute resolution under the public records act and the open public meetings act;
     (iv) Issue interpretive opinions of the public records act and the open public meetings act;
     (v) Provide confidential consultation regarding the duties under the public records act and the open public meetings act;
     (vi) Provide public training on the public records act and the open public meetings act;
     (vii) Recommend legislative improvements to the public records act and the open public meetings act; and
     (viii) Adopt rules to implement these enumerated powers, and other rules as may be consistent with or necessary to implement these enumerated powers;
     (b) The committee shall consider and report on how a proposed state board with such enumerated authority might further the goals of the public records act.
     (3) All meetings of the committee shall be open to the public.
     (4) The committee must consider input from interested parties.
     (5) The office of the attorney general and the state auditor shall provide staff support to the committee.
     (6) Legislative members of the committee shall be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members of the committee, except those representing an employer or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
     (7) A majority of the committee members shall provide notice of a special meeting of the committee pursuant to RCW 42.30.080 for the purpose of convening an initial meeting no later than August 1, 2009. The committee shall meet at least once a month and may hold additional meetings at the call of the chair or by a majority vote of the members of the committee.
     (8) The committee shall consider and report on the efficacy of other state's laws and programs with similar goals administered by state agencies or public officers. The committee's report shall detail the potential associated costs or savings, organizational structure, and functions of a proposed administrative tribunal, and shall make recommendations for or against the creation of an administrative tribunal. The committee shall submit copies of the final report to the state legislature, the governor, the state auditor, and to the attorney general, no later than November 15, 2009.
     (9) This section expires June 1, 2010.