OPEN MEETINGS – Amends existing law to revise provisions regarding requirements for open public meetings to permit recording of such meetings.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
894
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
OPEN
MEETINGS;
AMENDING
SECTION
74
-
203,
IDAHO
CODE,
TO
RE
-
2
VISE
PROVISIONS
REGARDING
REQUIREMENTS
FOR
OPEN
PUBLIC
MEETINGS;
AND
3
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
4
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
5
SECTION
1.
That
Section
74
-
203,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
74
-
203.
GOVERNING
BODIES
-
-
REQUIREMENT
FOR
OPEN
PUBLIC
MEETINGS.
(1)
8
Except
as
provided
below,
all
meetings
of
a
governing
body
of
a
public
agency
9
shall
be
open
to
the
public
and
all
persons
shall
be
permitted
to
attend
any
10
meeting
except
as
otherwise
provided
by
this
act.
No
decision
at
a
meeting
of
1
1
a
governing
body
of
a
public
agency
shall
be
made
by
secret
ballot.
12
(2)
Deliberations
of
the
board
of
tax
appeals
created
in
chapter
38,
ti
-
13
tle
63,
Idaho
Code,
the
public
utilities
commission
and
the
industrial
com
-
14
mission
in
a
fully
submitted
adjudicatory
proceeding
in
which
hearings,
if
15
any
are
required,
have
been
completed,
and
in
which
the
legal
rights,
duties
16
or
privileges
of
a
party
are
to
be
determined
are
not
required
by
this
act
to
17
take
place
in
a
meeting
open
to
the
public.
Such
deliberations
may,
however,
18
be
made
and/or
conducted
in
a
public
meeting
at
the
discretion
of
the
agency.
19
(3)
Meetings
of
the
Idaho
life
and
health
insurance
guaranty
associa
-
20
tion
established
under
chapter
43,
title
41,
Idaho
Code,
the
Idaho
insurance
21
guaranty
association
established
under
chapter
36,
title
41,
Idaho
Code,
the
22
surplus
line
association
approved
by
the
director
of
the
Idaho
department
of
23
insurance
as
authorized
under
chapter
12,
title
41,
Idaho
Code,
and
the
Idaho
24
depredating
wildlife
appeals
board
established
under
chapter
55,
title
22,
25
Idaho
Code,
are
not
required
by
this
act
to
take
place
in
a
meeting
open
to
the
26
public.
27
(4)
A
governing
body
shall
not
hold
a
meeting
at
any
place
where
dis
-
28
crimination
on
the
basis
of
race,
creed,
color,
sex,
age
or
national
origin
29
is
practiced.
30
(5)
All
meetings
may
be
conducted
using
telecommunications
devices
31
which
enable
all
members
of
a
governing
body
participating
in
the
meeting
32
to
communicate
with
each
other.
Such
devices
may
include,
but
are
not
lim
-
33
ited
to,
telephone
or
video
conferencing
devices
and
similar
communications
34
equipment.
Participation
by
a
member
of
the
governing
body
through
telecom
-
35
munications
devices
shall
constitute
presence
in
person
by
such
member
at
36
the
meeting;
provided
however,
that
at
least
one
(1)
member
of
the
govern
-
37
ing
body,
or
the
director
of
the
public
agency,
or
the
chief
administrative
38
officer
of
the
public
agency
shall
be
physically
present
at
the
location
39
designated
in
the
meeting
notice,
as
required
under
section
74
-
204,
Idaho
40
Code,
to
ensure
that
the
public
may
attend
such
meeting
in
person.
The
com
-
41

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)
Except
as
otherwise
provided
in
this
subsection,
no
person
attend
-
3
ing
open
public
meetings
shall
be
prevented
or
prohibited
from
recording
4
such
meetings.
For
purposes
of
this
subsection,
"recording"
means
the
cap
-
5
turing
of
audio,
video,
or
photographs
by
electronic,
digital,
or
other
6
means.
A
governing
body
may
take
measures
to
ensure
the
orderly
conduct
of
7
its
open
public
meetings
but
shall
not
prohibit
or
unreasonably
restrict
8
recording
as
provided
under
this
subsection.
No
person
shall
be
removed
9
or
excluded
from
meetings
for
recording
pursuant
to
the
provisions
of
this
10
subsection.
The
provisions
of
this
subsection
shall
not
apply
to:
1
1
(a)
Executive
sessions;
12
(b)
Any
meetings
or
hearings
in
a
facility
owned
or
operated
by
the
13
Idaho
department
of
correction;
14
(c)
Any
meetings
or
hearings
in
a
facility
owned
or
operated
by
the
15
Idaho
department
of
juvenile
corrections;
or
16
(d)
Any
meetings
or
hearings
conducted
by
the
Idaho
commission
of
par
-
17
dons
and
parole.
18
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
19
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
20
July
1,
2026.
21