2004 Legislation
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HOUSE BILL NO. 652 – Historical statues/monuments

HOUSE BILL NO. 652

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Bill Status



H0652...................................................by LOCAL GOVERNMENT
HISTORICAL STATUES - MONUMENTS - Adds to existing law to provide a
rebuttable presumption that certain statues and monuments have historical
significance and value; to provide for approval by the Board of Trustees of
the Idaho State Historical Society prior to movement or removal of such
statues and monuments; to provide for certain petitions; to provide for
findings; and to require the Attorney General to provide representation on
behalf of political subdivisions under certain circumstances.
                                                                        
02/11    House intro - 1st rdg - to printing
02/12    Rpt prt - to St Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 652
                                                                        
                               BY LOCAL GOVERNMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO STATUES AND MONUMENTS; AMENDING CHAPTER 41, TITLE 67, IDAHO  CODE,
  3        BY  THE ADDITION OF A NEW SECTION 67-4131, IDAHO CODE, TO PROVIDE A REBUT-
  4        TABLE PRESUMPTION THAT CERTAIN STATUES AND MONUMENTS HAVE HISTORICAL  SIG-
  5        NIFICANCE  AND  VALUE, TO PROVIDE FOR APPROVAL BY THE BOARD OF TRUSTEES OF
  6        THE IDAHO STATE HISTORICAL SOCIETY PRIOR TO MOVEMENT OR REMOVAL OF STATUES
  7        AND MONUMENTS HAVING HISTORICAL SIGNIFICANCE AND  VALUE,  TO  PROVIDE  FOR
  8        CERTAIN  PETITIONS,  TO PROVIDE FINDINGS UPON WHICH MOVEMENT OR REMOVAL OF
  9        CERTAIN STATUES OR MONUMENTS MAY BE APPROVED AND TO REQUIRE  THE  ATTORNEY
 10        GENERAL  OF  THE  STATE  OF  IDAHO  TO PROVIDE REPRESENTATION ON BEHALF OF
 11        POLITICAL SUBDIVISIONS UNDER CERTAIN CIRCUMSTANCES; AND DECLARING AN EMER-
 12        GENCY.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Chapter 41, Title 67, Idaho Code, be,  and  the  same  is
 15    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 16    ignated as Section 67-4131, Idaho Code, and to read as follows:
                                                                        
 17        67-4131.  HISTORICAL SIGNIFICANCE AND VALUE -- STATUES AND MONUMENTS.  (1)
 18    Notwithstanding  any  other  provision of law, whenever any statue or monument
 19    has been located in or on property belonging to the state  of  Idaho,  or  any
 20    political subdivision thereof, for a period of twenty-five (25) years or more,
 21    a  rebuttable presumption shall arise that the statue or monument has histori-
 22    cal significance and value.
 23        (2)  No statue or monument having historical significance and value pursu-
 24    ant to subsection (1) of this section may be moved or  removed  without  first
 25    gaining  approval of the board of trustees of the Idaho state historical soci-
 26    ety. Only the state of Idaho or a political subdivision  thereof,  owning  the
 27    property  upon which, or in which, a statue or monument having such historical
 28    significance and value is located, may petition  the  board  of  trustees  for
 29    approval  to  move or remove the statue or monument. The board of trustees may
 30    approve movement or removal of such a statue or  monument  only  upon  finding
 31    that:
 32        (a)  The  statue  or  monument  does  not have historical significance and
 33        value;
 34        (b)  The statue or monument will be moved to a public location of suitable
 35        prominence and enjoyment by the public and that  the  statue  or  monument
 36        will be adequately preserved during and after the move; or
 37        (c)  A court of competent jurisdiction has ordered that the statue or mon-
 38        ument must be removed and all appeals have been exhausted.
 39        (3)  The  attorney  general of the state of Idaho, if request is made by a
 40    political subdivision of the state of Idaho, shall provide  representation  on
 41    behalf  of  the political subdivision relating to any action commenced against
 42    it for the movement or removal of a statue or monument having historical  sig-
 43    nificance and value pursuant to the provisions of this section.
                                                                        
                                           2
                                                                        
  1        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
  2    declared to exist, this act shall be in full force and effect on and after its
  3    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 13942C1

To afford a presumption of historic significance and value to
statues and monuments that have been on public property for 25
years; provide procedures for removal; and provide for
representation by the attorney general.


                          FISCAL IMPACT
None required.  An indeterminate impact could occur if a local
government requested assistance from the attorney general if sued
for removal of a statue or monument.


Contact
Name: Rep Sali 
Phone: 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                    H 652