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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
]]]] 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
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