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H0798aa....................................................by STATE AFFAIRS
HISTORIC PRESERVATION AND CULTURAL ENHANCEMENT - Amends and adds to
existing law to create the Idaho State Historic Preservation and Cultural
Enhancement Act of 2004; to provide legislative intent; to authorize
historic project review; to remove duties relating to archival documents;
to specify archival powers and duties of the board of trustees of the
historical society; to create the Idaho Historic Preservation and Cultural
Enhancement Fund; to specify the purpose, limitations and conditions for
moneys in the fund; and to provide for the dedication and allocation of
money in the fund.
03/01 House intro - 1st rdg - to printing
03/02 Rpt prt - to St Aff
03/12 Rpt out - to Gen Ord
03/16 Rpt out amen - to engros
03/17 Rpt engros - 1st rdg - to 2nd rdg as amen
03/18 2nd rdg - to 3rd rdg as amen
Ret'd to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 798
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE CREATION OF THE IDAHO STATE HISTORIC PRESERVATION AND CULTURAL
3 ENHANCEMENT ACT OF 2004 AND AN IDAHO HISTORIC PRESERVATION AND CULTURAL
4 ENHANCEMENT FUND; AMENDING CHAPTER 41, TITLE 67, IDAHO CODE, BY THE ADDI-
5 TION OF A NEW SECTION 67-4101, IDAHO CODE, TO PROVIDE A STATEMENT OF LEG-
6 ISLATIVE INTENT; AMENDING CHAPTER 41, TITLE 67, IDAHO CODE, BY THE ADDI-
7 TION OF A NEW SECTION 67-4102, IDAHO CODE, TO AUTHORIZE HISTORIC PROJECT
8 REVIEW; AMENDING SECTION 67-4126, IDAHO CODE, TO REMOVE DUTIES RELATING TO
9 ARCHIVAL DOCUMENTS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 41,
10 TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-4126A, IDAHO
11 CODE, TO SPECIFY ARCHIVAL POWERS AND DUTIES OF THE BOARD OF TRUSTEES OF
12 THE HISTORICAL SOCIETY; AMENDING TITLE 57, IDAHO CODE, BY THE ADDITION OF
13 A NEW CHAPTER 21, TITLE 57, IDAHO CODE, TO PROVIDE CREATION OF THE IDAHO
14 HISTORIC PRESERVATION AND CULTURAL ENHANCEMENT FUND AND TO SPECIFY THE
15 PURPOSE, LIMITATIONS AND CONDITIONS FOR MONEYS IN THE FUND; AND AMENDING
16 CHAPTER 41, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
17 67-4129B, IDAHO CODE, TO PROVIDE FOR THE DEDICATION AND ALLOCATION OF
18 MONEY IN THE IDAHO HISTORIC PRESERVATION AND CULTURAL ENHANCEMENT FUND.
19 Be It Enacted by the Legislature of the State of Idaho:
20 SECTION 1. That Chapter 41, Title 67, Idaho Code, be, and the same is
21 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
22 ignated as Section 67-4101, Idaho Code, and to read as follows:
23 67-4101. LEGISLATIVE INTENT. (1) The legislature finds and declares that
24 sites, structures, artifacts, documents and records possessing historical sig-
25 nificance are cultural resources of the state of Idaho; that the identifica-
26 tion, preservation and interpretation of such resources and the enhancement of
27 educational, economic, entertainment and research opportunities with respect
28 to those resources is in the interest of the citizens of Idaho; and that it is
29 appropriate that the fulfillment of these functions not depend entirely upon
30 the availability of general funds but shall be enhanced by additional funds
31 provided specifically for that purpose.
32 (2) It is the intent of the legislature in enacting this chapter to
33 acknowledge the state's interest in and continuing obligation to recognize,
34 protect and preserve its heritage and cultural resources by clarifying the
35 role, responsibility and authority of the Idaho state historical society and
36 by providing a continual, predictable source of dedicated funds for the state-
37 wide preservation of properties, sites, structures, artifacts, records and
38 cultural programs of historic significance, enhancing the availability and
39 dissemination of cultural and history-related information, materials and fund-
40 ing for economic, educational, entertainment and research purposes.
41 SECTION 2. That Chapter 41, Title 67, Idaho Code, be, and the same is
42 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
2
1 ignated as Section 67-4102, Idaho Code, and to read as follows:
2 67-4102. PROJECT REVIEW. The state historic preservation office (SHPO)
3 shall review all building or construction projects or other projects that take
4 place on, encompass, or that otherwise might impact or disturb lands owned or
5 controlled by the state or by any county or municipality at the time the
6 project is proposed.
7 (1) The review will ascertain if there are any historically significant
8 aspects of the property involved and, if so, will recommend modifications to
9 the proposed project that would eliminate or reduce the project's potential
10 negative impact on those historically significant aspects.
11 (2) The SHPO is not authorized to specifically delay or halt a project.
12 Any action subsequent to an SHPO determination of a potentially negative
13 impact of a project on a historically significant aspect of a property is
14 within the discretion of the division of public works and the state agency
15 proposing the project.
16 (3) Projects that take place on lands owned or controlled by the state or
17 by any county or municipality, or that encompass state owned structures and/or
18 artifacts, must be submitted to the SHPO for review at the time planning
19 begins on the project.
20 (a) The SHPO may respond to a project proposal within thirty (30) days of
21 its receipt.
22 (b) If the SHPO fails to respond as set forth in subsection (3)(a) of
23 this section, the project may proceed.
24 (c) If the SHPO chooses to respond, it may recommend that the project
25 proceed as proposed or it may recommend modifications that would eliminate
26 or reduce the negative impact.
27 SECTION 3. That Section 67-4126, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 67-4126. POWERS AND DUTIES OF BOARD. The board of trustees of the society
30 shall have powers and duties as follows:
31 (1.) To appoint a director of the society as provided herein and advise
32 him in the performance of his duties and formulate general policies affecting
33 the society.
34 (2.) To encourage and promote interest in the history of Idaho and
35 encourage membership in the society.
36 (3.) To collect for preservation and display artifacts and information
37 illustrative of Idaho history, culture and society.
38 (4.) To print such publications and reports as may be deemed necessary.
39 (5.) To encourage creation of county historical societies and museums in
40 the counties of Idaho.
41 (6.) To facilitate the use of Idaho records for official reference and
42 historical research.
43 (7.) To accept from any state, county, or city, or any public official,
44 any official books, records, documents, original papers, newspaper files,
45 printed books, or portraits, not in current use. When such documents are so
46 accepted, copies therefrom shall be made and certified under the seal of the
47 society upon application of any person, which person shall pay for such copies
48 reasonable fees established by the society.
49 8. To require that any state, county, or city, or any public official,
50 deposit official books, records, documents, or original papers, not in current
51 use, which are of definite historical importance, in the society for preserva-
52 tion and to provide methods whereby such materials, which have no signifi-
3
1 cance, may be destroyed.
2 9. To establish such rules as may be necessary to discharge the duties of
3 the society.
4 10.(8) To employ such personnel as may be necessary for the administra-
5 tion of its duties in accordance with the rules of the administrator of the
6 division of human resources promulgated pursuant to chapter 52, title 67,
7 Idaho Code.
8 11.(9) To have and use an official seal.
9 12.(10) To delegate and provide subdelegation of any such authority.
10 13.(11) To identify historic, architectural, archaeological, and cultural
11 sites, buildings, or districts, and to coordinate activities of local historic
12 preservation commissions.
13 14.(12) To serve as the geographic names board of the state of Idaho.
14 SECTION 4. 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 67-4126A, Idaho Code, and to read as follows:
17 67-4126A. ARCHIVAL POWERS AND DUTIES OF THE BOARD. The board of trustees
18 of the society shall, as physical plant, budgetary and personnel constraints
19 allow:
20 (1) Provide archival services for the various departments and agencies
21 within state government. These responsibilities include, but are not limited
22 to, accepting from any state, county, city, or other agency or public offi-
23 cial, any and all official books, records, documents, original papers, mate-
24 rials maintained in electronic form, newspaper files, printed books, or por-
25 traits, regardless of form or format, not in current use.
26 (2) When documents are accepted for archival, copies therefrom shall be
27 made and certified under the seal of the society upon application of any per-
28 son, which person shall pay for such copies reasonable fees established by the
29 society.
30 (3) The obligation to provide a copy of the archived records does not
31 supersede the provisions of the Idaho public records act or other confidenti-
32 ality statutes or provisions of state law.
33 (a) By virtue of the society serving as the state repository for archival
34 records, the board of trustees does not assume the responsibility as the
35 custodian of the records for the purposes of responding to requests for
36 public records that may be exempt from disclosure.
37 (b) Requests for public records that may be exempt from disclosure will
38 be referred directly to the agency that was the original source of the
39 archived records.
40 (4) Require that any state, county, city, or other agency or public offi-
41 cial, deposit official books, records, documents, or original papers, not in
42 current use but of definite historical importance, in the society for preser-
43 vation and to provide methods whereby such materials, which have no signifi-
44 cance, may be destroyed.
45 (5) Require that every state, county, city, or other public agency or
46 official contact the society prior to disposing of or destroying any official
47 books, records, documents, or original papers, including electronically main-
48 tained materials and information, regardless of form or format, which may be
49 deemed of historical importance to assure such actions follow established
50 record retention schedules, policies or similar procedures.
51 (6) Promulgate rules as necessary to facilitate the archival process,
52 including the promulgation of a schedule of fees for the purpose of offsetting
53 the costs of archival and archival-related services.
4
1 SECTION 5. That Title 57, Idaho Code, be, and the same is hereby amended
2 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
3 ter 21, Title 57, Idaho Code, and to read as follows:
4 CHAPTER 21
5 IDAHO HISTORIC PRESERVATION AND CULTURAL ENHANCEMENT FUND
6 57-2101. IDAHO HISTORIC PRESERVATION AND CULTURAL ENHANCEMENT FUND. The
7 Idaho historic preservation and cultural enhancement fund is hereby created
8 and established in the state treasury to which shall be deposited all revenue
9 derived from taxes imposed and money accruing for the purposes of the fund.
10 All money now or hereafter in the fund is hereby dedicated to the purpose of
11 assisting the Idaho state historical society in identifying, preserving and
12 interpreting Idaho's history and cultural resources, and for enhancing educa-
13 tional, entertainment, economic and research opportunities related to the
14 state's history and cultural heritage. The trustees of the Idaho state his-
15 torical society are charged with the administration of the fund for the pur-
16 poses specified herein. The provisions of sections 67-4126 and 67-4126A, Idaho
17 Code, are made applicable for the purposes of this section. All claims against
18 the fund shall be examined, audited and allowed in the same manner now or
19 hereafter provided by law for claims against the state.
20 57-2102. PURPOSE -- LIMITATIONS AND CONDITIONS. All unencumbered and
21 otherwise unappropriated funds now or hereafter placed in the Idaho historic
22 preservation and cultural enhancement fund are hereby perpetually appropriated
23 to the Idaho historic preservation and cultural enhancement fund, subject to
24 the provisions of chapter 21, title 57, Idaho Code. Funds within the Idaho
25 historic preservation and cultural enhancement fund are exempt from the provi-
26 sions of the permanent building fund as the same are set forth in chapter 11,
27 title 57, Idaho Code.
28 SECTION 6. That Chapter 41, Title 67, Idaho Code, be, and the same is
29 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
30 ignated as Section 67-4129B, Idaho Code, and to read as follows:
31 67-4129B. IDAHO HISTORIC PRESERVATION AND CULTURAL ENHANCEMENT FUND --
32 DEDICATION AND ALLOCATION OF MONEY. (1) Money now or hereafter in the Idaho
33 historic preservation and cultural enhancement fund is hereby dedicated for
34 the purpose of assisting with the identification, preservation and interpreta-
35 tion of the history and cultural heritage of Idaho, and to enhance economic,
36 educational, entertainment and research opportunities related to the state's
37 history and cultural resources.
38 (2) After the Idaho historic preservation and cultural enhancement fund
39 is reduced by the amount necessary to pay the reasonable costs of administra-
40 tion of same, one-half (1/2) of all funds remaining shall be allocated to the
41 capitol permanent endowment fund of the Idaho capitol commission for restora-
42 tion of the Idaho state capitol building until such time as the legislature
43 deems the restoration of the Idaho state capitol building to be substantially
44 complete. Once the restoration of the Idaho state capitol building is deemed
45 substantially complete, the money remaining in the Idaho historic preservation
46 and cultural enhancement fund, after it is reduced by the amount necessary to
47 pay the reasonable costs of administration of same, shall be allocated as set
48 forth below.
49 (3) The board of trustees of the Idaho historical society shall appoint a
50 fifteen (15) member historic preservation and cultural enhancement fund advi-
5
1 sory panel to make recommendations on dissemination of funds not allocated to
2 the Idaho capitol commission from the Idaho historic preservation and cultural
3 enhancement fund.
4 (a) The advisory panel shall include five (5) members at large and one
5 (1) representative each from the state historic records advisory board,
6 historic sites review board, Idaho state historical society, Idaho commis-
7 sion on the arts, Idaho state library, Idaho department of parks and rec-
8 reation, Idaho department of commerce, Idaho heritage trust, Idaho
9 humanities council, and the Idaho historic preservation council. The
10 board of trustees' appointment of the individual representatives for the
11 various agencies and entities to be represented on the advisory panel
12 shall be based solely on the recommendation of the agency or entity that
13 the appointee is to represent.
14 (b) In making its appointment to the advisory panel, the board of
15 trustees shall have discretion with respect to the five (5) at large mem-
16 bers.
17 (4) Recommendations of the advisory panel will be reviewed by the board
18 of trustees, which may accept, modify or reject the recommendations. The
19 board of trustees shall submit its final recommendations to the joint finance-
20 appropriations committee at any of its meetings, whether or not the legisla-
21 ture is in session, for approval.
22 (5) In case of emergency, where there is imminent threat of destruction
23 to a historical property, artifact or record, the board of trustees shall have
24 discretion to authorize the expenditure of up to fifty thousand dollars
25 ($50,000) without prior approval of the legislature or the joint finance-
26 appropriations committee.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
Moved by Ellsworth
Seconded by Miller
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 798
1 AMENDMENTS TO SECTION 2
2 On page 2 of the printed bill, in line 5, delete "or by any county or
3 municipality"; in line 16, delete "state or" and insert: "state"; and in line
4 17, delete "by any county or municipality,".
5 AMENDMENTS TO SECTION 3
6 On page 2, delete lines 43 through 48 and insert:
7 "(7.) To accept from any state, county, or city, or any public official,
8 any official books, records, documents, original papers, newspaper files,
9 printed books, or portraits, not in current use. When such documents are so
10 accepted, copies therefrom shall be made and certified under the seal of the
11 society upon application of any person, which person shall pay for such copies
12 reasonable fees established by the society.".
13 On page 3, in line 2, following "9." insert: "(8)"; in line 4, delete
14 "(8)" and insert: "(9)"; in line 8, delete "(9)" and insert: "(10)"; in line
15 9, delete "(10)" and insert: "(11)"; in line 10, delete "(11)" and insert:
16 "(12)"; and in line 13, delete "(12)" and insert: "(13)".
17 AMENDMENT TO SECTION 4
18 On page 3, delete lines 51 through 53.
19 AMENDMENT TO SECTION 6
20 On page 5, in line 23, following "trustees" insert: ", upon notification
21 to the cochairs of the joint finance-appropriations committee,".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 798, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE CREATION OF THE IDAHO STATE HISTORIC PRESERVATION AND CULTURAL
3 ENHANCEMENT ACT OF 2004 AND AN IDAHO HISTORIC PRESERVATION AND CULTURAL
4 ENHANCEMENT FUND; AMENDING CHAPTER 41, TITLE 67, IDAHO CODE, BY THE ADDI-
5 TION OF A NEW SECTION 67-4101, IDAHO CODE, TO PROVIDE A STATEMENT OF LEG-
6 ISLATIVE INTENT; AMENDING CHAPTER 41, TITLE 67, IDAHO CODE, BY THE ADDI-
7 TION OF A NEW SECTION 67-4102, IDAHO CODE, TO AUTHORIZE HISTORIC PROJECT
8 REVIEW; AMENDING SECTION 67-4126, IDAHO CODE, TO REMOVE DUTIES RELATING TO
9 ARCHIVAL DOCUMENTS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 41,
10 TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-4126A, IDAHO
11 CODE, TO SPECIFY ARCHIVAL POWERS AND DUTIES OF THE BOARD OF TRUSTEES OF
12 THE HISTORICAL SOCIETY; AMENDING TITLE 57, IDAHO CODE, BY THE ADDITION OF
13 A NEW CHAPTER 21, TITLE 57, IDAHO CODE, TO PROVIDE CREATION OF THE IDAHO
14 HISTORIC PRESERVATION AND CULTURAL ENHANCEMENT FUND AND TO SPECIFY THE
15 PURPOSE, LIMITATIONS AND CONDITIONS FOR MONEYS IN THE FUND; AND AMENDING
16 CHAPTER 41, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
17 67-4129B, IDAHO CODE, TO PROVIDE FOR THE DEDICATION AND ALLOCATION OF
18 MONEY IN THE IDAHO HISTORIC PRESERVATION AND CULTURAL ENHANCEMENT FUND.
19 Be It Enacted by the Legislature of the State of Idaho:
20 SECTION 1. That Chapter 41, Title 67, Idaho Code, be, and the same is
21 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
22 ignated as Section 67-4101, Idaho Code, and to read as follows:
23 67-4101. LEGISLATIVE INTENT. (1) The legislature finds and declares that
24 sites, structures, artifacts, documents and records possessing historical sig-
25 nificance are cultural resources of the state of Idaho; that the identifica-
26 tion, preservation and interpretation of such resources and the enhancement of
27 educational, economic, entertainment and research opportunities with respect
28 to those resources is in the interest of the citizens of Idaho; and that it is
29 appropriate that the fulfillment of these functions not depend entirely upon
30 the availability of general funds but shall be enhanced by additional funds
31 provided specifically for that purpose.
32 (2) It is the intent of the legislature in enacting this chapter to
33 acknowledge the state's interest in and continuing obligation to recognize,
34 protect and preserve its heritage and cultural resources by clarifying the
35 role, responsibility and authority of the Idaho state historical society and
36 by providing a continual, predictable source of dedicated funds for the state-
37 wide preservation of properties, sites, structures, artifacts, records and
38 cultural programs of historic significance, enhancing the availability and
39 dissemination of cultural and history-related information, materials and fund-
40 ing for economic, educational, entertainment and research purposes.
41 SECTION 2. That Chapter 41, Title 67, Idaho Code, be, and the same is
42 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
2
1 ignated as Section 67-4102, Idaho Code, and to read as follows:
2 67-4102. PROJECT REVIEW. The state historic preservation office (SHPO)
3 shall review all building or construction projects or other projects that take
4 place on, encompass, or that otherwise might impact or disturb lands owned or
5 controlled by the state at the time the project is proposed.
6 (1) The review will ascertain if there are any historically significant
7 aspects of the property involved and, if so, will recommend modifications to
8 the proposed project that would eliminate or reduce the project's potential
9 negative impact on those historically significant aspects.
10 (2) The SHPO is not authorized to specifically delay or halt a project.
11 Any action subsequent to an SHPO determination of a potentially negative
12 impact of a project on a historically significant aspect of a property is
13 within the discretion of the division of public works and the state agency
14 proposing the project.
15 (3) Projects that take place on lands owned or controlled by the state
16 or that encompass state owned structures and/or artifacts, must be submitted
17 to the SHPO for review at the time planning begins on the project.
18 (a) The SHPO may respond to a project proposal within thirty (30) days of
19 its receipt.
20 (b) If the SHPO fails to respond as set forth in subsection (3)(a) of
21 this section, the project may proceed.
22 (c) If the SHPO chooses to respond, it may recommend that the project
23 proceed as proposed or it may recommend modifications that would eliminate
24 or reduce the negative impact.
25 SECTION 3. That Section 67-4126, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 67-4126. POWERS AND DUTIES OF BOARD. The board of trustees of the society
28 shall have powers and duties as follows:
29 (1.) To appoint a director of the society as provided herein and advise
30 him in the performance of his duties and formulate general policies affecting
31 the society.
32 (2.) To encourage and promote interest in the history of Idaho and
33 encourage membership in the society.
34 (3.) To collect for preservation and display artifacts and information
35 illustrative of Idaho history, culture and society.
36 (4.) To print such publications and reports as may be deemed necessary.
37 (5.) To encourage creation of county historical societies and museums in
38 the counties of Idaho.
39 (6.) To facilitate the use of Idaho records for official reference and
40 historical research.
41 (7.) To accept from any state, county, or city, or any public official,
42 any official books, records, documents, original papers, newspaper files,
43 printed books, or portraits, not in current use. When such documents are so
44 accepted, copies therefrom shall be made and certified under the seal of the
45 society upon application of any person, which person shall pay for such copies
46 reasonable fees established by the society.
47 8. To require that any state, county, or city, or any public official,
48 deposit official books, records, documents, or original papers, not in current
49 use, which are of definite historical importance, in the society for preserva-
50 tion and to provide methods whereby such materials, which have no signifi-
51 cance, may be destroyed.
52 9.(8) To establish such rules as may be necessary to discharge the duties
3
1 of the society.
2 10.(9) To employ such personnel as may be necessary for the administra-
3 tion of its duties in accordance with the rules of the administrator of the
4 division of human resources promulgated pursuant to chapter 52, title 67,
5 Idaho Code.
6 11.(10) To have and use an official seal.
7 12.(11) To delegate and provide subdelegation of any such authority.
8 13.(12) To identify historic, architectural, archaeological, and cultural
9 sites, buildings, or districts, and to coordinate activities of local historic
10 preservation commissions.
11 14.(13) To serve as the geographic names board of the state of Idaho.
12 SECTION 4. That Chapter 41, Title 67, Idaho Code, be, and the same is
13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
14 ignated as Section 67-4126A, Idaho Code, and to read as follows:
15 67-4126A. ARCHIVAL POWERS AND DUTIES OF THE BOARD. The board of trustees
16 of the society shall, as physical plant, budgetary and personnel constraints
17 allow:
18 (1) Provide archival services for the various departments and agencies
19 within state government. These responsibilities include, but are not limited
20 to, accepting from any state, county, city, or other agency or public offi-
21 cial, any and all official books, records, documents, original papers, mate-
22 rials maintained in electronic form, newspaper files, printed books, or por-
23 traits, regardless of form or format, not in current use.
24 (2) When documents are accepted for archival, copies therefrom shall be
25 made and certified under the seal of the society upon application of any per-
26 son, which person shall pay for such copies reasonable fees established by the
27 society.
28 (3) The obligation to provide a copy of the archived records does not
29 supersede the provisions of the Idaho public records act or other confidenti-
30 ality statutes or provisions of state law.
31 (a) By virtue of the society serving as the state repository for archival
32 records, the board of trustees does not assume the responsibility as the
33 custodian of the records for the purposes of responding to requests for
34 public records that may be exempt from disclosure.
35 (b) Requests for public records that may be exempt from disclosure will
36 be referred directly to the agency that was the original source of the
37 archived records.
38 (4) Require that any state, county, city, or other agency or public offi-
39 cial, deposit official books, records, documents, or original papers, not in
40 current use but of definite historical importance, in the society for preser-
41 vation and to provide methods whereby such materials, which have no signifi-
42 cance, may be destroyed.
43 (5) Require that every state, county, city, or other public agency or
44 official contact the society prior to disposing of or destroying any official
45 books, records, documents, or original papers, including electronically main-
46 tained materials and information, regardless of form or format, which may be
47 deemed of historical importance to assure such actions follow established
48 record retention schedules, policies or similar procedures.
49 SECTION 5. That Title 57, Idaho Code, be, and the same is hereby amended
50 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
51 ter 21, Title 57, Idaho Code, and to read as follows:
4
1 CHAPTER 21
2 IDAHO HISTORIC PRESERVATION AND CULTURAL ENHANCEMENT FUND
3 57-2101. IDAHO HISTORIC PRESERVATION AND CULTURAL ENHANCEMENT FUND. The
4 Idaho historic preservation and cultural enhancement fund is hereby created
5 and established in the state treasury to which shall be deposited all revenue
6 derived from taxes imposed and money accruing for the purposes of the fund.
7 All money now or hereafter in the fund is hereby dedicated to the purpose of
8 assisting the Idaho state historical society in identifying, preserving and
9 interpreting Idaho's history and cultural resources, and for enhancing educa-
10 tional, entertainment, economic and research opportunities related to the
11 state's history and cultural heritage. The trustees of the Idaho state his-
12 torical society are charged with the administration of the fund for the pur-
13 poses specified herein. The provisions of sections 67-4126 and 67-4126A, Idaho
14 Code, are made applicable for the purposes of this section. All claims against
15 the fund shall be examined, audited and allowed in the same manner now or
16 hereafter provided by law for claims against the state.
17 57-2102. PURPOSE -- LIMITATIONS AND CONDITIONS. All unencumbered and
18 otherwise unappropriated funds now or hereafter placed in the Idaho historic
19 preservation and cultural enhancement fund are hereby perpetually appropriated
20 to the Idaho historic preservation and cultural enhancement fund, subject to
21 the provisions of chapter 21, title 57, Idaho Code. Funds within the Idaho
22 historic preservation and cultural enhancement fund are exempt from the provi-
23 sions of the permanent building fund as the same are set forth in chapter 11,
24 title 57, Idaho Code.
25 SECTION 6. That Chapter 41, Title 67, Idaho Code, be, and the same is
26 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
27 ignated as Section 67-4129B, Idaho Code, and to read as follows:
28 67-4129B. IDAHO HISTORIC PRESERVATION AND CULTURAL ENHANCEMENT FUND --
29 DEDICATION AND ALLOCATION OF MONEY. (1) Money now or hereafter in the Idaho
30 historic preservation and cultural enhancement fund is hereby dedicated for
31 the purpose of assisting with the identification, preservation and interpreta-
32 tion of the history and cultural heritage of Idaho, and to enhance economic,
33 educational, entertainment and research opportunities related to the state's
34 history and cultural resources.
35 (2) After the Idaho historic preservation and cultural enhancement fund
36 is reduced by the amount necessary to pay the reasonable costs of administra-
37 tion of same, one-half (1/2) of all funds remaining shall be allocated to the
38 capitol permanent endowment fund of the Idaho capitol commission for restora-
39 tion of the Idaho state capitol building until such time as the legislature
40 deems the restoration of the Idaho state capitol building to be substantially
41 complete. Once the restoration of the Idaho state capitol building is deemed
42 substantially complete, the money remaining in the Idaho historic preservation
43 and cultural enhancement fund, after it is reduced by the amount necessary to
44 pay the reasonable costs of administration of same, shall be allocated as set
45 forth below.
46 (3) The board of trustees of the Idaho historical society shall appoint a
47 fifteen (15) member historic preservation and cultural enhancement fund advi-
48 sory panel to make recommendations on dissemination of funds not allocated to
49 the Idaho capitol commission from the Idaho historic preservation and cultural
50 enhancement fund.
51 (a) The advisory panel shall include five (5) members at large and one
5
1 (1) representative each from the state historic records advisory board,
2 historic sites review board, Idaho state historical society, Idaho commis-
3 sion on the arts, Idaho state library, Idaho department of parks and rec-
4 reation, Idaho department of commerce, Idaho heritage trust, Idaho
5 humanities council, and the Idaho historic preservation council. The
6 board of trustees' appointment of the individual representatives for the
7 various agencies and entities to be represented on the advisory panel
8 shall be based solely on the recommendation of the agency or entity that
9 the appointee is to represent.
10 (b) In making its appointment to the advisory panel, the board of
11 trustees shall have discretion with respect to the five (5) at large mem-
12 bers.
13 (4) Recommendations of the advisory panel will be reviewed by the board
14 of trustees, which may accept, modify or reject the recommendations. The
15 board of trustees shall submit its final recommendations to the joint finance-
16 appropriations committee at any of its meetings, whether or not the legisla-
17 ture is in session, for approval.
18 (5) In case of emergency, where there is imminent threat of destruction
19 to a historical property, artifact or record, the board of trustees, upon
20 notification to the cochairs of the joint finance-appropriations committee,
21 shall have discretion to authorize the expenditure of up to fifty thousand
22 dollars ($50,000) without prior approval of the legislature or the joint
23 finance-appropriations committee.
STATEMENT OF PURPOSE
RS 14208
This proposed legislation is known as the Idaho State Historic
Preservation and Cultural Enhancement (ISHPACE) Act of 2004.
This Act will clarify the role, responsibility, and authority of
the Idaho State Historical Society with respect to project review
and archival duties. Those duties will also include statewide
preservation of cultural resources and historical monuments,
enhancement of statewide cultural and historic education
opportunities, and research purposes.
FISCAL IMPACT
There will be no fiscal impact to the general fund.
Contact
Name: Representatives Edmunson, Miller, and Cuddy
Phone: 332-1000
Steve Guerber, Executive Director
Idaho State Historical Society
(208)334-2682
STATEMENT OF PURPOSE/FISCAL NOTE H 798