2005 Legislation
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SENATE BILL NO. 1226 – Construction, historic preservation

SENATE BILL NO. 1226

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Bill Status



S1226......................................................by STATE AFFAIRS
CONSTRUCTION - HISTORIC PRESERVATION - Adds to existing law to provide
certain requirements for state agencies and other entities of state
government preparing to perform work on structures owned or controlled by
the state; to provide for optional project review by the State Historic
Preservation Office; to provide certain requirements for state agencies and
other entities of state government proposing a project that involves
state-owned structures; to provide for response to project proposals by the
State Historic Preservation Office; to provide that the state agency or
other entity of state government proposing the project shall have the
discretion to act upon the recommendations of the State Historic
Preservation Office; and to provide for the use of recommendations of the
State Historic Preservation Office.
                                                                        
03/22    Senate intro - 1st rdg - to printing
03/23    Rpt prt - to St Aff
03/30    Rpt out - rec d/p - to 2nd rdg
    Rls susp - FAILED - 11-24-0
      AYES -- Andreason, Burkett, Coiner, Darrington, Kelly, Langhorst,
      Malepeai, Marley, Stegner, Stennett, Werk
      NAYS -- Brandt, Broadsword, Bunderson, Burtenshaw, Cameron, Compton,
      Corder, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson,
      Keough, Little, Lodge, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Sweet, Williams
      Absent and excused -- None
    Floor Sponsor - Malepeai
    Filed in Office of the Secretary of Senate

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1226
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE STATE HISTORICAL SOCIETY; AMENDING CHAPTER 41, TITLE 67, IDAHO
  3        CODE, BY THE ADDITION OF A NEW SECTION 67-4101,  IDAHO  CODE,  TO  PROVIDE
  4        LEGISLATIVE  INTENT;  AMENDING  CHAPTER  41,  TITLE 67, IDAHO CODE, BY THE
  5        ADDITION OF A NEW SECTION 67-4102, IDAHO CODE, TO PROVIDE CERTAIN REQUIRE-
  6        MENTS FOR STATE AGENCIES AND OTHER ENTITIES OF STATE GOVERNMENT  PREPARING
  7        TO  REMOVE OR PERFORM RENOVATION WORK ON STRUCTURES OWNED OR CONTROLLED BY
  8        THE STATE; AND AMENDING CHAPTER 41, TITLE 67, IDAHO CODE, BY THE  ADDITION
  9        OF  A  NEW  SECTION  67-4103,  IDAHO CODE, TO PROVIDE FOR OPTIONAL PROJECT
 10        REVIEW BY THE STATE  HISTORIC  PRESERVATION  OFFICE,  TO  PROVIDE  CERTAIN
 11        REQUIREMENTS FOR STATE AGENCIES OR OTHER ENTITIES OF STATE GOVERNMENT PRO-
 12        POSING  A  PROJECT  THAT  INVOLVES  STATE-OWNED STRUCTURES, TO PROVIDE FOR
 13        RESPONSE TO PROJECT PROPOSALS BY THE STATE HISTORIC  PRESERVATION  OFFICE,
 14        TO  PROVIDE THAT THE STATE AGENCY OR OTHER ENTITY OF STATE GOVERNMENT PRO-
 15        POSING THE PROJECT SHALL HAVE THE DISCRETION TO ACT UPON  THE  RECOMMENDA-
 16        TIONS OF THE STATE HISTORIC PRESERVATION OFFICE AND TO PROVIDE FOR THE USE
 17        OF RECOMMENDATIONS OF THE STATE HISTORIC PRESERVATION OFFICE.
                                                                        
 18    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 19        SECTION  1.  That  Chapter  41,  Title 67, Idaho Code, be, and the same is
 20    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 21    ignated as Section 67-4101, Idaho Code, and to read as follows:
                                                                        
 22        67-4101.  LEGISLATIVE INTENT. It is the intent of the legislature that the
 23    purpose  of  this act is to acknowledge the state's interest in and continuing
 24    obligation to recognize,  protect  and  preserve  its  heritage  and  cultural
 25    resources  by  clarifying  the role, responsibility and authority of the Idaho
 26    state historical society and by providing a mechanism for the review of build-
 27    ing or construction projects or other projects that take place on,  encompass,
 28    or that otherwise might impact or disturb historically significant structures.
                                                                        
 29        SECTION  2.  That  Chapter  41,  Title 67, Idaho Code, be, and the same is
 30    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 31    ignated as Section 67-4102, Idaho Code, and to read as follows:
                                                                        
 32        67-4102.  AGENCY  DUTY TO NOTIFY AND COOPERATE -- RESERVATION OF RIGHT AND
 33    PRIVILEGE. All state agencies and other entities  of  state  government  shall
 34    cooperate with the Idaho state historical society in the preservation and pro-
 35    tection  of  historically  significant  structures, hereinafter referred to as
 36    historic structures.
 37        (1)  Any state agency or other entity of  state  government  preparing  to
 38    remove  or  perform  renovation  work on structures owned or controlled by the
 39    state, shall notify the Idaho state historical society and shall cooperate  to
 40    the fullest extent practicable with the Idaho state historical society to pre-
 41    serve  historic structures and prevent their inappropriate destruction, and to
                                                                        
                                           2
                                                                        
  1    allow the Idaho state historical society to provide  recommendations  for  the
  2    preservation, study or adaptive reuse of such historic structures.
  3        (2)  Any  state  agency or other entity of state government contracting to
  4    remove or perform renovation work on structures owned  or  controlled  by  the
  5    state  shall notify third parties contracting to perform the work that is sub-
  6    ject to the provisions of this act.
                                                                        
  7        SECTION 3.  That Chapter 41, Title 67, Idaho Code, be,  and  the  same  is
  8    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  9    ignated as Section 67-4103, Idaho Code, and to read as follows:
                                                                        
 10        67-4103.  PROJECT REVIEW. The state  historic  preservation  office  shall
 11    have  the option of reviewing all construction projects or other projects that
 12    take place on, encompass, or that otherwise might impact or disturb structures
 13    owned or controlled by the state at the time the project is proposed.
 14        (1)  In the event  the  state  historic  preservation  office  conducts  a
 15    review,  the  review  will ascertain if the structure is an historic structure
 16    and, if so, may recommend modifications to the  proposed  project  that  would
 17    avoid  or minimize the project's potential adverse impact on the historic sig-
 18    nificance of the structure.
 19        (2)  The state agency or other entity  of  state  government  proposing  a
 20    project  that  involves a state-owned structure, shall submit project informa-
 21    tion to the state historic preservation office for review at the time planning
 22    begins in regard to the structure.
 23        (a)  The state historic preservation office shall respond to  the  project
 24        proposal within thirty (30) days after receiving sufficient project infor-
 25        mation for review.
 26        (b)  In  the event the state historic preservation office fails to respond
 27        to the project proposal as set forth in subsection (2)(a) of this section,
 28        the project may proceed.
 29        (c)  In the event the state historic preservation office responds  to  the
 30        project  proposal,  it may recommend that the project proceed as proposed,
 31        or it may recommend that studies be conducted  to  identify  the  historic
 32        significance  of  a structure, or that project proposal modifications take
 33        place to avoid or minimize the adverse impact on historic structures.
 34        (3)  The state agency or other entity of state  government  proposing  the
 35    project  will have the discretion to act upon the recommendations of the state
 36    historic preservation office. The recommendations of the state historic  pres-
 37    ervation office are to be used as a planning tool to avoid unnecessary loss of
 38    historic  structures,  or  minimize  the  potential adverse impact on historic
 39    structures, and not to specifically delay or halt a project.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS 15165

CONSTRUCTION PROJECTS - HISTORIC PRESERVATION - Adds to existing
law to provide certain requirements relating to historic
preservation for state agencies and other entities of state
government preparing to remove or perform renovation work on
structures owned or controlled by the state; to provide for
optional project review by the State Historic Preservation
Office; to provide that the state agency or other entity of state
government proposing the project shall have the discretion to act
upon the recommendations of the State Historic Preservation
Office.        


                  
                         FISCAL IMPACT

Because of the limited number of state projects anticipated to
qualify for the proposed review process, no additional funding
should be necessary for state agencies or other entities of state
government effected by the need for submission of a project for
historic preservation review since it is intended to become a
part of the initial planning routine for those projects. 
Further, review by the State Historic Preservation Office (SHPO)
of the Idaho State Historical Society will take place using
existing resources that currently conduct such reviews on federal
and local projects of a similar nature.



Contact:  Steve Guerber, Idaho State Historical Society
Phone:    334-2682
          

STATEMENT OF PURPOSE/FISCAL NOTE                        S 1226