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Openness reform passes Senate

Bill clarifies meeting law language, moves to House

Kathleen Kreller Idaho Statesman

A revamp of Idaho’s open government laws has cleared the state Senate.

Advocates of the reform measure contend that unclear language in the 35-year-old law has hampered Attorney General Lawrence Wasden’s enforcement.

Under the bill, boards, government councils and commissions could face fines of $50 if they make a simple mistake and close a meeting or alter an agenda without proper action.

They could correct a mistake afterward to avoid the fine.

An elected official now must “knowingly” violate the Open Meeting Law to face any civil penalties – a high legal hurdle.

The bill no longer requires the first offense to be a “knowing” violation, but lowers the first-offense fine, which is now $150.

It raises the fine for subsequent offenses to $500 from $300 for officials shown to be knowing violators.

“I think this is a good change from current law,” said state Sen. Curt McKenzie, R-Nampa. “It will create better compliance with what we intend for open meeting laws and make it easier to comply.”

Advocates also say the bill puts its requirements in clear, laymen’s terms for small boards and commissions that can’t afford attorneys to interpret the law.

“It’s the right next step,” said Bart Davis, R-Idaho Falls, the Senate majority leader. “This becomes perhaps a more user-friendly piece of legislation.”

The bill was introduced by Wasden and garnered the support of Secretary of State Ben Ysursa and groups like the the Idaho Association of Counties and Idahoans for Openness in Government.

The bill, Senate Bill 1142, passed unanimously Thursday.

It now goes to the House.