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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
537
BY
LOCAL
GOVERNMENT
COMMITTEE
AN
ACT
1
RELATING
TO
THE
OPEN
MEETINGS
LAW;
AMENDING
SECTION
74
-
203,
IDAHO
CODE,
TO
2
PROVIDE
THAT
ALL
OPEN
PUBLIC
MEETINGS
SHALL
ALLOW
FOR
PUBLIC
COMMENT,
TO
3
PROVIDE
CERTAIN
REQUIREMENTS,
AND
TO
PROVIDE
AN
EXCEPTION;
AND
DECLAR
-
4
ING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Section
74
-
203,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
74
-
203.
GOVERNING
BODIES
-
-
REQUIREMENT
FOR
OPEN
PUBLIC
MEETINGS.
(1)
9
Except
as
provided
below,
all
meetings
of
a
governing
body
of
a
public
agency
10
shall
be
open
to
the
public
and
all
persons
shall
be
permitted
to
attend
any
1
1
meeting
except
as
otherwise
provided
by
this
act.
No
decision
at
a
meeting
of
12
a
governing
body
of
a
public
agency
shall
be
made
by
secret
ballot.
13
(2)
Deliberations
of
the
board
of
tax
appeals
created
in
chapter
38,
ti
-
14
tle
63,
Idaho
Code,
the
public
utilities
commission
and
the
industrial
com
-
15
mission
in
a
fully
submitted
adjudicatory
proceeding
in
which
hearings,
if
16
any
are
required,
have
been
completed,
and
in
which
the
legal
rights,
duties
17
or
privileges
of
a
party
are
to
be
determined
are
not
required
by
this
act
to
18
take
place
in
a
meeting
open
to
the
public.
Such
deliberations
may,
however,
19
be
made
and/or
conducted
in
a
public
meeting
at
the
discretion
of
the
agency.
20
(3)
Meetings
of
the
Idaho
life
and
health
insurance
guaranty
associa
-
21
tion
established
under
chapter
43,
title
41,
Idaho
Code,
the
Idaho
insurance
22
guaranty
association
established
under
chapter
36,
title
41,
Idaho
Code,
the
23
surplus
line
association
approved
by
the
director
of
the
Idaho
department
of
24
insurance
as
authorized
under
chapter
12,
title
41,
Idaho
Code,
and
the
Idaho
25
depredating
wildlife
appeals
board
established
under
chapter
55,
title
22,
26
Idaho
Code,
are
not
required
by
this
act
to
take
place
in
a
meeting
open
to
the
27
public.
28
(4)
A
governing
body
shall
not
hold
a
meeting
at
any
place
where
dis
-
29
crimination
on
the
basis
of
race,
creed,
color,
sex,
age
or
national
origin
30
is
practiced.
31
(5)
All
meetings
may
be
conducted
using
telecommunications
devices
32
which
enable
all
members
of
a
governing
body
participating
in
the
meeting
33
to
communicate
with
each
other.
Such
devices
may
include,
but
are
not
lim
-
34
ited
to,
telephone
or
video
conferencing
devices
and
similar
communications
35
equipment.
Participation
by
a
member
of
the
governing
body
through
telecom
-
36
munications
devices
shall
constitute
presence
in
person
by
such
member
at
37
the
meeting;
provided
however,
that
at
least
one
(1)
member
of
the
govern
-
38
ing
body,
or
the
director
of
the
public
agency,
or
the
chief
administrative
39
officer
of
the
public
agency
shall
be
physically
present
at
the
location
40
designated
in
the
meeting
notice,
as
required
under
section
74
-
204,
Idaho
41
Code,
to
ensure
that
the
public
may
attend
such
meeting
in
person.
The
com
-
42
2
munications
among
members
of
a
governing
body
must
be
audible
to
the
public
1
attending
the
meeting
in
person
and
the
members
of
the
governing
body.
2
(6)
All
meetings
shall
allow
for
public
comment
either
in
person
or
via
3
telephone,
video
conferencing,
or
internet
website
devices
and
similar
com
-
4
munications
equipment
and
shall
be
subject
to
the
following:
5
(a)
In
each
instance
where
notice
of
the
time
of
the
meeting
is
oth
-
6
erwise
given
or
the
agenda
for
the
meeting
is
otherwise
posted,
the
7
governing
body
shall
also
give
notice
of
the
means
by
which
members
of
8
the
public
may
access
the
meeting
and
offer
public
comment.
The
agenda
9
shall
identify
and
include
an
opportunity
for
all
persons
to
attend
via
10
telephone,
video
conferencing,
or
internet
website.
1
1
(b)
In
the
event
of
a
disruption
that
prevents
the
governing
body
from
12
broadcasting
the
meeting
to
members
of
the
public
using
the
telephone,
13
video
conferencing,
or
internet
website
option,
or
in
the
event
of
a
14
disruption
within
the
governing
body's
control
that
prevents
members
15
of
the
public
from
offering
public
comments
using
the
telephone,
video
16
conferencing,
or
internet
website
option,
the
governing
body
shall
make
17
all
reasonable
efforts
to
remedy
the
disruption
and
restore
access
be
-
18
fore
proceeding
with
items
on
the
meeting
agenda.
19
(c)
The
governing
body
shall
not
require
public
comments
to
be
submit
-
20
ted
in
advance
of
the
meeting.
21
(d)(i)
A
governing
body
that
provides
a
timed
public
comment
pe
-
22
riod
for
each
agenda
item
shall
not
close
the
public
comment
period
23
for
the
agenda
item
or
the
opportunity
to
register
to
provide
pub
-
24
lic
comment
until
that
timed
public
comment
period
has
elapsed.
25
(ii)
A
governing
body
that
does
not
provide
a
timed
public
comment
26
period,
but
takes
public
comment
separately
on
each
agenda
item,
27
shall
allow
a
reasonable
amount
of
time
per
agenda
item
to
allow
28
public
members
the
opportunity
to
provide
public
comment
or
other
-
29
wise
be
recognized
for
the
purpose
of
providing
public
comment.
30
(iii)
A
governing
body
that
provides
a
timed
general
public
com
-
31
ment
period
that
does
not
correspond
to
a
specific
agenda
item
32
shall
not
close
the
public
comment
period
or
the
opportunity
33
to
register
until
the
timed
general
public
comment
period
has
34
elapsed.
35
(e)
The
provisions
of
this
subsection
shall
not
apply
to
a
special
meet
-
36
ing
held
pursuant
to
section
74
-
204(2),
Idaho
Code.
37
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
38
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
39
July
1,
2026.
40