2004 Legislation
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HOUSE BILL NO. 798 – Historic preservation/culture

HOUSE BILL NO. 798

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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.

Amendment


                                                                        
                                                                        
  ]]]]              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,".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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