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H0690aa....................................................by STATE AFFAIRS
CAPITOL BUILDING - GROUNDS - Repeals and adds to existing law to provide
for management of the Capitol Building and grounds by the director of the
Department of Administration and to create an Idaho State Capitol
Commission to develop a master plan intended to enhance and maintain the
historical character of the building; to create a Capitol Permanent
Endowment Fund and a Capitol Endowment Income Fund; to create a Capitol
Tours Program; and to appropriate $75,000 to the Idaho State Historical
Society for the Capitol Tours Program.
02/13 House intro - 1st rdg - to printing
02/16 Rpt prt - to St Aff
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/04 Rpt out - to Gen Ord
03/06 Rpt out amen - to engros
03/09 Rpt engros - 1st rdg - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/11 3rd rdg as amen - PASSED - 61-3-6
AYES -- Barraclough, Barrett, Bell, Bieter, Bivens, Black(15), Boe,
Callister, Campbell, Chase, Clark, Crane, Cuddy, Deal, Denney,
Ellsworth, Field(13), Gagner, Gould, Hadley, Hansen, Henbest,
Hornbeck, Jaquet, Jones(9), Jones(22), Jones(20), Judd, Kellogg,
Kempton, Kendell, Kjellander, Kunz, Linford, Loertscher, Marley,
McKague, Meyer, Miller, Mortensen, Newcomb, Pischner, Reynolds,
Richman, Ridinger, Robison, Sali, Schaefer, Stevenson, Stoicheff,
Stone, Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Wood,
Zimmermann, Mr Speaker
NAYS -- Black(23), Mader, Pomeroy
Absent and excused -- Alltus, Bruneel, Crow, Field(20), Geddes, Lake,
Floor Sponsor - Simpson
Title apvd - to Senate
03/12 Senate intro - 1st rdg as amen - to St Aff
03/17 Rpt out - rec d/p - to 2nd rdg as amen
03/18 2nd rdg - to 3rd rdg as amen
03/19 3rd rdg as amen - PASSED - 27-2-6
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Danielson,
Darrington, Deide, Dunklin, Geddes, Ingram, Keough, King, Lee,
McLaughlin, Noh, Richardson, Riggs, Risch, Sandy, Schroeder,
Sorensen, Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS--Cameron, Parry
Absent and excused--Crow, Frasure, Hansen, Hawkins, Ipsen, Stennett
Floor Sponsor - Risch
Title apvd - to House
03/20 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/24 Governor signed
Session Law Chapter 306
Effective: 07/01/98
H0690|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 690, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE CAPITOL BUILDING AND ITS GROUNDS; REPEALING SECTION 67-5707, 3 IDAHO CODE; AMENDING TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW CHAP- 4 TER 16, TITLE 67, IDAHO CODE, TO PROVIDE A STATEMENT OF FINDINGS AND PUR- 5 POSE, TO PROVIDE FOR ALLOCATION OF CONTROL AND SPACE, TO PROVIDE CONTROL 6 OF THE EXTERIOR, GROUNDS AND SYSTEMS, TO PROVIDE AUTHORITY TO ADOPT RULES 7 FOR MANAGEMENT, TO PROVIDE FOR LAW ENFORCEMENT AND SECURITY, TO CREATE THE 8 IDAHO STATE CAPITOL COMMISSION AND PROVIDE FOR APPOINTMENT OF MEMBERS, TO 9 PROVIDE ORGANIZATION OF THE COMMISSION, TO PROVIDE POWERS AND DUTIES OF 10 THE COMMISSION, TO PROVIDE FOR APPOINTMENT OF THE ARCHITECT OF THE CAPITOL 11 BUILDING, TO CREATE THE CAPITOL PERMANENT ENDOWMENT FUND AND PROVIDE FOR 12 ADMINISTRATION OF THE FUND, AND TO CREATE THE CAPITOL ENDOWMENT INCOME 13 FUND AND TO PROVIDE FOR ADMINISTRATION OF THE FUND, AND TO ESTABLISH THE 14 CAPITOL TOURS PROGRAM; AND APPROPRIATING MONEYS FROM THE GENERAL FUND TO 15 THE IDAHO STATE HISTORICAL SOCIETY FOR THE CAPITOL TOURS PROGRAM. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. That Section 67-5707, Idaho Code, be, and the same is hereby 18 repealed. 19 SECTION 2. That Title 67, Idaho Code, be, and the same is hereby amended 20 by the addition thereto of a NEW CHAPTER , to be known and desig- 21 nated as Chapter 16, Title 67, Idaho Code, and to read as follows: 22 CHAPTER 16 23 CAPITOL BUILDING AND GROUNDS 24 67-1601. STATEMENT OF FINDINGS AND PURPOSE. (1) The legislature and gov- 25 ernor of the state of Idaho find that: 26 (a) The Idaho state capitol building, hereafter referred to as the capi- 27 tol building, located at the seat of government, in Boise City, Ada 28 County, is a public monument representing the spirit of Idaho's citizens, 29 a symbol of Idaho's sovereignty and one of Idaho's most renowned land- 30 marks. 31 (b) The capitol building is also one of the most vital and preeminent 32 public buildings in Idaho, wherein the legislative department and a major- 33 ity of the elected executive department officers maintain their offices 34 and perform their constitutionally prescribed duties. 35 (c) The maintenance and preservation of the capitol building and its 36 grounds, including its historical character and architectural uniqueness, 37 is of vital public interest and concern. 38 (d) The existing statutes do not fully and completely address the use, 39 control, security, operation, maintenance, historical character and archi- 40 tectural uniqueness of the capitol building and its grounds. 41 (2) It is declared that the purposes of this chapter are: 2 1 (a) To establish a statute to comprehensively govern all aspects of the 2 use, control, security, operation, and maintenance of the capitol building 3 and its grounds. 4 (b) To ensure that the historical character and architectural integrity 5 of the capitol building and its grounds be preserved and promoted. 6 (c) To promote cooperation between the public and private sectors to fund 7 necessary enhancements to and the preservation of the capitol building and 8 its grounds in all respects and particularly its historical character and 9 architectural integrity. 10 67-1602. IDAHO STATE CAPITOL -- ALLOCATION AND CONTROL OF SPACE. The 11 space within the interior of the capitol building shall be allocated and con- 12 trolled as follows: 13 (1) Public space. The interior within the rotunda, the hallways on the 14 first and second floors, the restrooms located adjacent thereto, the eleva- 15 tors, the stairways between the first, second, third and fourth floors 16 (excepting the interior stairways between the third and fourth floors within 17 the legislative chambers), shall be space within the capitol building open to 18 the public ("public space"). Subject to this chapter, the director of the 19 department of administration shall maintain all public space. 20 (2) Executive department. The governor shall determine the use and allo- 21 cate the space within the first and second floors. The director of the depart- 22 ment of administration shall maintain such space. 23 (3) Legislative department. The legislative department shall determine 24 the use of the space on the third and fourth floors as well as the basement. 25 All space within the third and fourth floors and the basement shall be allo- 26 cated by the presiding officers of the senate and house of representatives. 27 The presiding officers shall maintain such space and provide equipment and 28 furniture thereto, provided however, that the presiding officers may contract 29 with the director of the department of administration to maintain such space 30 and provide equipment and furniture thereto. 31 67-1603. IDAHO STATE CAPITOL -- EXTERIOR -- GROUNDS -- SYSTEMS. The 32 director of the department of administration shall have exclusive control of 33 the exterior, grounds and systems of the capitol building. The director, in 34 consultation with the governor, the presiding officers of the legislature and 35 the commission created by this chapter, shall have exclusive authority to 36 equip, maintain, and operate such exterior, grounds and systems. For the pur- 37 poses of this section, "systems" means electrical, HVAC (heating, ventilating, 38 air-conditioning) and telecommunication systems used in the capitol building. 39 67-1604. IDAHO STATE CAPITOL -- ACCESS AND USE. The director of the 40 department of administration may promulgate rules, pursuant to chapter 52, 41 title 67, Idaho Code, governing access to and use by the public of the capitol 42 building and its grounds. In determining whether to promulgate rules and in 43 the promulgation of any rules, the director shall consult with the governor, 44 the presiding officers of the senate and house of representatives and the com- 45 mission created by this chapter. 46 67-1605. LAW ENFORCEMENT AND SECURITY. Responsibility for law enforcement 47 at the capitol building is vested in the director of the department of law 48 enforcement. In coordination with the director of law enforcement, Ada County 49 and Boise City are granted jurisdiction to enforce the laws of the state of 50 Idaho and the ordinances of Ada County and Boise City for the capitol build- 51 ing. The director of the department of administration, or his designee, shall 3 1 be responsible for security in the capitol building and has the authority to 2 contract with private contractors to provide security for persons and property 3 in the capitol building. 4 67-1606. IDAHO STATE CAPITOL COMMISSION -- CREATION AND APPOINTMENT OF 5 MEMBERS. (1) There is hereby created within the department of administration 6 the Idaho state capitol commission, hereafter referred to as the commission. 7 The commission shall consist of nine (9) members, six (6) of whom shall be 8 public members. The public members shall be appointed as follows: four (4) 9 members shall be appointed by the governor, one (1) member shall be appointed 10 by the president pro tempore of the senate and one (1) member shall be 11 appointed by the speaker of the house of representatives. Public members shall 12 serve at the pleasure of the appointing authority, or for a term of five (5) 13 years, whichever is shorter. The terms of initial public members shall expire 14 as designated by the governor at the time of appointment: One (1) at the end 15 of one (1) year; one (1) at the end of two (2) years; one (1) at the end of 16 three (3) years; one (1) at the end of four (4) years; and two (2) at the end 17 of five (5) years. A vacancy during the term of a public member shall be 18 filled by the appointing authority for that member. The chairman of the com- 19 mission shall be appointed by the governor from among the public members of 20 the commission. 21 (2) The additional three (3) commission members shall be the director of 22 the department of administration, the director of the Idaho state historical 23 society, and the director of the office of legislative services, who shall 24 serve as ex officio, voting members of the commission during their respective 25 terms of office. The director of the department of administration shall serve 26 as secretary of the commission. 27 (3) The governor, the president pro tempore of the senate and the speaker 28 of the house may, at their discretion, serve as ex officio, nonvoting members 29 of the commission. 30 67-1607. ORGANIZATION OF THE COMMISSION. The commission shall meet not 31 less than four (4) times per year. A majority of the membership of the commis- 32 sion constitutes a quorum to transact business. Public members of the commis- 33 sion shall be reimbursed for actual and necessary expenses as provided in sec- 34 tion 59-909(c), Idaho Code. Public members are entitled to reimbursement for 35 reasonable travel expenses incurred in the performance of their duties as a 36 member as provided by law. 37 67-1608. POWERS AND DUTIES OF THE COMMISSION. The commission shall have 38 the following powers and duties: 39 (1) In consultation with the director of the department of administra- 40 tion, to develop a comprehensive, multiyear, master plan ("master plan") for 41 the restoration and refurbishment of the capitol building and to review peri- 42 odically, and, as appropriate, to amend and modify the plan. The master plan 43 shall address long-range modifications and improvements to the capitol build- 44 ing and its grounds. 45 (2) To develop and implement a program to fund the master plan. The pro- 46 gram shall include recommendations to the legislature for appropriating public 47 moneys as well as a comprehensive strategy to obtain moneys from the private 48 sector. 49 (3) To review all proposals to reconstruct, redecorate or restore all 50 space within the capitol building. All such projects shall be in conformance 51 with the master plan and may not be implemented without the written consent of 52 the commission. 4 1 (4) To review all proposals involving objects of art, memorials, statues, 2 or exhibits to be placed on a permanent or temporary basis in public space 3 within the capitol building or on its grounds. All proposals shall be in con- 4 formance with the master plan and may not be implemented without the written 5 consent of the commission. 6 (5) To identify all furniture original to the capitol building and create 7 an inventory of the original furniture. The possession of all original furni- 8 ture used within the public and executive department space shall be retained 9 by the director of the department of administration. The possession of all 10 original furniture used by the legislative department shall be retained by the 11 presiding officers of the senate and house of representatives. All original 12 furniture is the property of the state of Idaho and shall remain in the capi- 13 tol building at all times. 14 (6) For the purpose of promoting interest in the capitol building and 15 obtaining funds to enhance the preservation of original and historic elements 16 of the capitol building and its grounds, to develop and implement a plan for 17 the publishing and sale of publications on the history of the capitol building 18 and to develop other capitol building memorabilia for sale to the public. 19 (7) To solicit gifts, grants or donations of any kind from any private or 20 public source to carry out the purposes of this chapter. All gifts, grants or 21 donations received directly by the commission shall be transmitted to the 22 state treasurer who shall credit the same to the capitol endowment fund cre- 23 ated by this chapter. 24 (8) To request necessary assistance from all state agencies and the pre- 25 siding officers of the senate and house of representatives in performing its 26 duties pursuant to this chapter. 27 (9) To enter into agreements with tax-exempt nonprofit organizations for 28 the purpose of assisting the commission in the performance of its duties under 29 this chapter, including agreements for the establishment and maintenance of 30 community foundation funds dedicated to the purposes of this chapter. 31 (10) To appoint and contract with the architect of the capitol building as 32 provided by this chapter. 33 67-1609. ARCHITECT OF THE CAPITOL BUILDING. The architect of the capitol 34 building shall be appointed by the commission and serve at its pleasure. The 35 architect of the capitol building must be accredited to practice in the state 36 of Idaho and shall be selected upon the basis of his professional knowledge 37 and qualifications related to the preservation and restoration of historic 38 structures. The architect of the capitol building shall assist the commission, 39 upon the commission's request, in the performance of its duties pursuant to 40 this chapter. The architect of the capitol building shall not be an employee 41 of the state of Idaho but shall be compensated as are other consulting archi- 42 tects retained by the department of administration, division of public works. 43 Such compensation shall be made from funds appropriated from the capitol 44 endowment income fund created by this chapter. 45 67-1610. CAPITOL PERMANENT ENDOWMENT FUND. There is hereby created a per- 46 manent fund within the state treasury to be known as the capitol permanent 47 endowment fund, consisting of, from this point forward: (a) the proceeds of 48 the sale of lands granted to the state of Idaho for the purpose of facilitat- 49 ing the construction, repair, furnishing and improvement of public buildings 50 at its capitol by an Act of Congress (26 Stat. L. 214, ch. 656 (1890) (as 51 amended)) entitled "An Act to Provide for the Admission of the State of Idaho 52 into the Union," comprising thirty-two thousand (32,000) acres, or any portion 53 thereof, or mineral therein; (b) all unappropriated and unencumbered moneys in 5 1 the public building fund shown on the state controller's chart of accounts as 2 Fund No. 0481-09; (c) retained earnings to compensate for the effects of 3 inflation; and (d) legislative appropriations. The fund shall be managed by 4 the endowment fund investment board in accordance with chapter 5, title 68, 5 Idaho Code. All realized earnings shall be credited to the capitol endowment 6 income fund creation in section 67-1611, Idaho Code. 7 67-1611. CAPITOL ENDOWMENT INCOME FUND. (1) There is hereby created in 8 the state treasury the capitol endowment income fund. The fund shall be man- 9 aged by the state treasurer and shall consist of the following: 10 (a) Earnings of the capitol permanent endowment fund; 11 (b) Proceeds of the sale of timber growing upon capitol endowment lands; 12 (c) Proceeds of leases of capitol buildings endowment lands; 13 (d) Proceeds of interest charged upon deferred payments on capitol build- 14 ings endowment lands or timber on those lands; 15 (e) All interests earned on the capitol endowment income fund; 16 (f) All public and private moneys donated and obtained pursuant to the 17 provisions of this chapter; and 18 (g) All other proceeds received from the use of capitol building endow- 19 ment lands and not otherwise designated for deposit in the capitol build- 20 ings permanent endowment fund. 21 (2) All moneys in the capitol endowment income fund shall be subject to 22 annual appropriation by the legislature. All moneys shall be appropriated 23 exclusively for the purposes of this chapter, retained for future appropria- 24 tion, or transferred to the capitol endowment permanent fund by legislative 25 appropriation. 26 67-1612. CAPITOL TOURS PROGRAM. There is hereby established a capitol 27 tours program which shall exist to provide a visitor oriented program of his- 28 torical interpretation and education concerning the Idaho state capitol build- 29 ing and grounds. It is the purpose of this program to assure access and under- 30 standing of the capitol building to further the purposes delineated in this 31 chapter. This tours program will take advantage of the efforts to preserve and 32 maintain the capitol building, and open the people's building to the people. 33 SECTION 3. In addition to any other appropriation made to the Idaho State 34 Historical Society, there is hereby appropriated from the General Fund to the 35 State Board of Education for the Idaho State Historical Society Historic Sites 36 Maintenance and Interpretation Program the sum of $75,000 for one position and 37 the associated operating and renovation costs of establishing a Capitol Tours 38 Program for the benefit of visitors to the Idaho State Capitol Building and 39 grounds for the period July 1, 1998, through June 30, 1999.
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STATEMENT OF PURPOSE
HB690a
The Idaho State Capitol Building is Idaho's most renowned
public landmark, symbolizing the spirit of Idaho's
citizens and sovereignty. The maintenance and
preservation of its historic character and architectural
uniqueness and integrity are of great public interest and
concern. The purpose of this legislation is to establish
a comprehensive statute governing the use, control,
security, operation, and maintenance of the capitol
building and its grounds; to create the Idaho State
Capitol Commission, which will develop a master plan for
the restoration and refurbishment of the capitol building
and will promote cooperation between the public and
private sectors for the preservation of the capitol
buildings and its grounds; to create the Capitol
Endowment Fund and the Capitol Endowment Income Fund to
provide funds for the preservation and enhancement of the
capitol building and its grounds; and to provide for the
Capitol Tours Program to provide a visitor oriented
program of historical interpretation and education for
visitors to the Capitol Building.
FISCAL IMPACT
Currently, the interest earned on the Public Building
fund accrues to the General Fund. This bill will transfer
the $2.5 million balance in the dedicated Public Building
Fund into the new Capitol Endowment Fund, and directs
that the interest earnings be retained for the benefit of
the Capitol Building. The interest earned on these
moneys, which are estimated to be about $125,000
annually, will now accrue to this new endowment, rather
than the General Fund. Any expenses for the new
commission, or architectural costs would be paid out of
the Capitol Endowment Income Fund and are subject to
appropriation by the Legislature. This bill also provides
a $75,000 General Fund Appropriation to the Idaho State
Historical Society to support the Capitol Tours program
for FY 1999.
CONTACT:
Rep. Michael Simpson
Speaker of the House; 332-1300
Sen. Jerry Twiggs
Senate Pro Tem; 332-1300
Pam Ahrens
Dept. of Administration; 334-3382
STATEMENT OF PURPOSE/FISCAL IMPACT
Bill
No.690aa
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