Committee adopts procedure for adding late agenda items to comply with open‑meetings law

The Legislative Process Committee voted unanimously to adopt a procedural approach for handling agenda items added after the 24‑hour posting window required by the Open and Public Meetings Act. The committee chose the option of posting a second notice and convening a second meeting to consider the late item rather than using a time‑certain designation on the original notice.

Committee staff described two approaches they have used when a chair seeks to add an item after the notice has been posted: (1) post a second notice and have the original meeting adjourn and reconvene under the second notice to hear the added item; or (2) revise the original notice and include a “not before” time (time‑certain) for the newly added item. Committee members favored the first approach because it preserves the 24‑hour specificity requirement for each notice and avoids creating confusing time‑certain entries on the original agenda.

Representative James A. Dunnigan, the committee chair, and other members discussed practical examples from the end of session when items are frequently routed to the last remaining committees. Several members said the second‑notice approach is clearer to the public and easier for staff to administer. Opponents of the time‑certain method argued it risks confusing members of the public and could encourage last‑minute, out‑of‑subject routing of bills to committees.

The committee approved a motion that directs staff to prepare rule language adopting the second‑notice procedure for inclusion in the drafting package the committee authorized earlier in the meeting.

Vote: the committee adopted the second‑notice approach by voice vote with no recorded opposition.