Print Friendly HOUSE BILL NO. 652 – Historical statues/monuments
HOUSE BILL NO. 652
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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-
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
32 (a) The statue or monument does not have historical significance and
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.
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
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.
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.
Name: Rep Sali
STATEMENT OF PURPOSE/FISCAL NOTE H 652