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H 172

OPEN MEETINGS LAW – Amends existing law to establish provisions regarding multiple agenda items on an agenda.

68th Legislature, 1st Regular Session (2025)

Idaho HB 172 clarifies handling of agenda items with multiple decisions in open meetings, standardizes notices, consent agendas, and amendments, effective July 1, 2025.

Reported Signed by Governor on March 10, 2025 Session Law Chapter 19 Effective: 07/01/2025
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Bill Summary · H 172

Summary of Idaho House Bill No. 172 (H 172)

Overview

H 172 amends Idaho’s Open Meetings Law (Idaho Code § 74-204) to establish clear provisions for handling agenda items that contain multiple decision points. The bill was introduced February 7, 2025, was reported and signed by the Governor, and becomes effective July 1, 2025 (Session Law Chapter 19). It includes an emergency declaration for timely implementation and does not create new state or local fiscal obligations.

What the bill does

  • Clarifies how actions should be taken when an agenda item has multiple decision points.
  • Establishes rules for notices, agendas, and the use of consent agendas.
  • Sets specific procedures for amending agendas before and during meetings.

Key provisions

Notice and agendas

  • Regular meetings require: at least 5 calendar days’ notice for the meeting and at least 48 hours’ notice for the agenda, unless statutes allow otherwise.
  • If a public agency holds regular monthly meetings on a predictable schedule, it may satisfy notice by annual posting of the schedule.
  • Notices and agendas must be posted at the principal office or the meeting location, and also posted electronically if the agency maintains an online presence.

Special meetings and executive sessions

  • Special meetings require at least 24 hours’ notice for the meeting and agenda, unless an emergency exists.
  • An emergency must be stated at the outset; the notice must include the date, time, place, and agency name. Media notification should be attempted.
  • Executive sessions require 24 hours’ notice and must specify the reason and the legal authority.

Agenda requirements and consent agenda

  • An agenda is required for each meeting and must be posted similarly to notices.
  • An agenda may be amended with good faith efforts to include probable items initially.
  • Items that require a vote are labeled “action items.” Multiple items may be grouped into a consent agenda, provided they are not ordinances, fee resolutions, or items needing more than a simple majority.
  • If a member objects to items on the consent agenda, those items must be removed before the vote and considered separately.
  • Labeling an item as an action item does not obligate a vote on that item.

Amending the agenda

  • Amendments made more than 48 hours before a regular meeting or more than 24 hours before a special meeting become effective upon posting.
  • Amendments made closer to the meeting: the amended agenda must be posted and won’t take effect until a motion to amend is passed at the meeting.
  • Amendments after the meeting has begun: require a motion stating the reason; items added after start cannot be finally acted on unless an emergency is declared; minutes must reflect the reason.

Affected entities

  • Public agencies and their governing bodies in Idaho, including clerks and staff responsible for meeting notices and agendas.
  • The general public and news media, which receive notices as part of transparency requirements.

Effective date and timeline

  • Effective: July 1, 2025.
  • Emergency declaration accompanies the act, expediting implementation.

Fiscal impact

  • The bill's fiscal note states no additional expenditures or revenue impact for state or local governments.

Compiled from official sources — confirm details with the bill’s official record.

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