WeVote

Bill

Bill

H 228

OPEN MEETINGS LAW – Amends existing law to provide that all open public meetings shall allow for public comment, to provide certain requirements, and to provide an exception.

68th Legislature, 1st Regular Session (2025)

Idaho H 228 requires all open meetings to allow public comment (in person or remote), with notices that reveal access, no pre-submission of comments, and pause if access breaks.

Reported Printed and Referred to State Affairs
0
WeVote Research Nonpartisan
Bill Summary · H 228

Summary of Idaho H 228 — Open Meetings Law: Public Comment Required

Date Introduced: February 13, 2025
Status: Reported Printed and Referred to State Affairs
Effective Date: July 1, 2025 (emergency provision declared; act in full force on/after this date)

Purpose and Intent

H 228 amends Idaho’s Open Meetings Law to ensure that all open public meetings provide an opportunity for public comment. The bill requires governing bodies of public agencies to allow public attendance and participation, either in person or via telecommunications, and prohibits pre-submission of comments. A companion provision extends the open meetings requirement for public legislative committee meetings, ensuring public comment is permissible in those settings as well.

Key Provisions

  • Expanded requirement for public comment (74-203):

    • All open meetings must permit public comment, accessible in person or via telephone, video conference, or internet-based platforms.
    • Notice for meetings must include the means by which the public can access the meeting and provide comment.
    • If a disruption blocks remote access or public comment, the body must pause advancement of agenda items until access is restored.
    • Public comments cannot be required to be submitted in advance of the meeting.
  • Timing and handling of public comment (subsection 6):

    • If there is a timed public comment period for each agenda item, the period cannot be closed before it elapses.
    • If public comment is not timed per item but is allowed per item, the body must provide a reasonable amount of time for comment.
    • If there is a timed general public comment period not tied to a specific item, that period must remain open until it elapses.
    • Special meetings held under 74-204(2) are exempt from these provisions.
  • Open legislative meetings (74-207):

    • All standing, special, or select legislative committee meetings must be open to the public, with the public allowed to comment as provided in 74-203(6).
  • Discrimination prohibition:

    • Meetings may not be held at locations that discriminate on the basis of race, creed, color, sex, age, or national origin.

Affected Parties

  • Public agencies and their governing bodies (cities, counties, school districts, etc.) in Idaho.
  • Members of the public who wish to attend, observe, or provide comment at public meetings.
  • Legislative standing, special, or select committees.

Fiscal and Administrative Impact

  • Fiscal Note: The legislation is reported to have no net fiscal impact on state or local government expenditures or revenues.
  • Administrative considerations for agencies may include ensuring meeting notices and platforms clearly designate public comment access and that staff can manage comment timing and disruption responses.

Practical Implications

  • Agencies must update meeting notices to include comment-access information.
  • Meeting operations may require stricter management of comment periods and technology to ensure accessibility and audibility for the public.
  • Local governments should plan for potential changes in meeting duration due to mandated public comment periods and real-time public participation.

Notes

  • The bill explicitly states it applies to open public meetings and does not mandate pre-submission of public comments.
  • The emergency clause confers a July 1, 2025 effective date; transitions should consider the new public-comment requirements.

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

Sign in to ask a question.