SENATE BILL NO. 1355

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Bill Status



S1355......................................................by STATE AFFAIRS
HISTORIC STRUCTURES - PRESERVATION - Adds to existing law to provide
certain requirements for state agencies and other entities of state
government preparing to perform work on structures owned by the state; to
provide for optional project review by the State Historic Preservation
Office; to provide certain requirements for state agencies and other
entities of state government proposing a project that involves state-owned
structures; to provide for response to project proposals by the State
Historic Preservation Office; to provide that the state agency or other
entity of state government proposing the project shall have the discretion
to act upon the recommendations of the State Historic Preservation Office;
and to provide for the use of recommendations of the State Historic
Preservation Office.
                                                                        
02/06    Senate intro - 1st rdg - to printing
02/07    Rpt prt - to St Aff
02/13    Rpt out - rec d/p - to 2nd rdg
02/14    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Brandt(Harper), Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Keough
    Floor Sponsor - Darrington
    Title apvd - to House
02/23    House intro - 1st rdg - to St Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1355
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE STATE HISTORICAL SOCIETY; AMENDING CHAPTER 41, TITLE 67, IDAHO
  3        CODE, BY THE ADDITION OF A NEW SECTION 67-4101,  IDAHO  CODE,  TO  PROVIDE
  4        LEGISLATIVE  INTENT;  AMENDING  CHAPTER  41,  TITLE 67, IDAHO CODE, BY THE
  5        ADDITION OF A NEW SECTION 67-4102, IDAHO CODE, TO PROVIDE CERTAIN REQUIRE-
  6        MENTS FOR STATE AGENCIES AND OTHER ENTITIES OF STATE GOVERNMENT  PREPARING
  7        TO  REMOVE  OR PERFORM CONSTRUCTION WORK ON STRUCTURES OWNED BY THE STATE;
  8        AND AMENDING CHAPTER 41, TITLE 67, IDAHO CODE, BY THE ADDITION  OF  A  NEW
  9        SECTION 67-4103, IDAHO CODE, TO PROVIDE FOR OPTIONAL PROJECT REVIEW BY THE
 10        STATE  HISTORIC  PRESERVATION  OFFICE, TO PROVIDE CERTAIN REQUIREMENTS FOR
 11        STATE AGENCIES OR OTHER ENTITIES OF STATE GOVERNMENT PROPOSING  A  PROJECT
 12        THAT  INVOLVES  STATE-OWNED STRUCTURES, TO PROVIDE FOR RESPONSE TO PROJECT
 13        PROPOSALS BY THE STATE HISTORIC PRESERVATION OFFICE, TO PROVIDE  THAT  THE
 14        STATE  AGENCY  OR  OTHER  ENTITY OF STATE GOVERNMENT PROPOSING THE PROJECT
 15        SHALL HAVE THE DISCRETION TO ACT UPON THE  RECOMMENDATIONS  OF  THE  STATE
 16        HISTORIC PRESERVATION OFFICE AND TO PROVIDE FOR THE USE OF RECOMMENDATIONS
 17        OF THE STATE HISTORIC PRESERVATION OFFICE.
                                                                        
 18    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 19        SECTION  1.  That  Chapter  41,  Title 67, Idaho Code, be, and the same is
 20    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 21    ignated as Section 67-4101, Idaho Code, and to read as follows:
                                                                        
 22        67-4101.  LEGISLATIVE INTENT. It is the intent of the legislature that the
 23    purpose  of  this act is to acknowledge the state's interest in and continuing
 24    obligation to recognize,  protect  and  preserve  its  heritage  and  cultural
 25    resources  by  clarifying  the role, responsibility and authority of the Idaho
 26    state historical society and by providing a mechanism for the review of build-
 27    ing or construction projects or other projects that take place on,  encompass,
 28    or  that otherwise might impact or disturb historically significant structures
 29    owned by the state of Idaho.
                                                                        
 30        SECTION 2.  That Chapter 41, Title 67, Idaho Code, be,  and  the  same  is
 31    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 32    ignated as Section 67-4102, Idaho Code, and to read as follows:
                                                                        
 33        67-4102.  AGENCY DUTY TO NOTIFY AND COOPERATE -- RESERVATION OF RIGHT  AND
 34    PRIVILEGE.  All  state  agencies  and other entities of state government shall
 35    cooperate with the Idaho state historical society in the preservation and pro-
 36    tection of historically significant structures,  hereinafter  referred  to  as
 37    historic structures. For purposes of this section, the definition of "historic
 38    structures"  shall  be  limited  to those buildings listed in, or eligible for
 39    listing in, the national register of historic places.
 40        (1)  Any state agency or other entity of  state  government  preparing  to
 41    remove  or  perform  construction work on structures owned by the state, shall
                                                                        
                                           2
                                                                        
  1    notify the Idaho state historical society and shall cooperate to  the  fullest
  2    extent  practicable  with  the Idaho state historical society to preserve his-
  3    toric structures and prevent their inappropriate destruction, and to allow the
  4    Idaho state historical society to provide recommendations  for  the  preserva-
  5    tion, study or adaptive reuse of such historic structures.
  6        (2)  Any  state  agency or other entity of state government contracting to
  7    remove  or perform construction work on structures owned by  the  state  shall
  8    notify third parties contracting to perform said work that such action is sub-
  9    ject to the provisions of this act.
                                                                        
 10        SECTION  3.  That  Chapter  41,  Title 67, Idaho Code, be, and the same is
 11    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 12    ignated as Section 67-4103, Idaho Code, and to read as follows:
                                                                        
 13        67-4103.  PROJECT  REVIEW.  The  state  historic preservation office shall
 14    have the option of reviewing all construction projects or other projects  that
 15    take place on, encompass, or that otherwise might impact or disturb structures
 16    owned by the state at the time the project is proposed.
 17        (1)  In  the  event  the  state  historic  preservation  office conducts a
 18    review, the review will ascertain if the structure is  an  historic  structure
 19    and,  if  so,  may  recommend modifications to the proposed project that would
 20    avoid or minimize the project's potential adverse impact on the historic  sig-
 21    nificance of the structure.
 22        (2)  The  state  agency  or  other  entity of state government proposing a
 23    project that involves a state-owned structure, shall submit  project  informa-
 24    tion to the state historic preservation office for review at the time planning
 25    begins in regard to the structure.
 26        (a)  The  state  historic preservation office shall respond to the project
 27        proposal within thirty (30) days after receiving sufficient project infor-
 28        mation for review.
 29        (b)  In the event the state historic preservation office fails to  respond
 30        to the project proposal as set forth in subsection (2)(a) of this section,
 31        the project may proceed.
 32        (c)  In  the  event the state historic preservation office responds to the
 33        project proposal, it may recommend that the project proceed  as  proposed,
 34        or  it  may  recommend  that studies be conducted to identify the historic
 35        significance of a structure, or that project proposal  modifications  take
 36        place to avoid or minimize the adverse impact on historic structures.
 37        (3)  The  state  agency  or other entity of state government proposing the
 38    project will have the discretion to act upon the recommendations of the  state
 39    historic  preservation office. The recommendations of the state historic pres-
 40    ervation office are to be used as a planning tool to avoid unnecessary loss of
 41    state-owned historic structures, or minimize the potential adverse  impact  on
 42    state-owned historic structures, and not to specifically delay or halt a proj-
 43    ect.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE  
          
                             RS 15756

CONSTRUCTION PROJECTS - HISTORIC PRESERVATION - Adds to existing
law to provide certain requirements relating to historic
preservation for state agencies and other entities of state
government preparing to remove or perform construction on
structures owned or controlled by the state; to define historic
structures for the purposes of this bill; to provide for optional
project review by the State Historic Preservation Office; to
provide that the state agency or other entity of state government
proposing the project shall have the discretion to act upon the
recommendations of the State Historic Preservation Office.


                           FISCAL NOTE

Because of the limited number of state projects anticipated to
qualify for the proposed review process, no additional funding
should be necessary for state agencies or other entities of state
government effected by the need for submission of a project for
historic preservation review since it is intended to become a part
of the initial planning routine for those projects.  Further,
review by the State Historic Preservation Office (SHPO) of the
Idaho State Historical Society will take place using existing
resources that currently conduct such reviews on federal and local
projects of a similar nature.


Contact
Name:  Steve Guerber, Idaho State Historical Society 
Phone: 334-2682




STATEMENT OF PURPOSE/FISCAL NOTE                        S 1355