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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
]]]] 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 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