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S1355......................................................by STATE AFFAIRS
HISTORIC STRUCTURES - 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 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.
02/06 Senate intro - 1st rdg - to printing
02/07 Rpt prt - to St Aff
02/13 Rpt out - rec d/p - to 2nd rdg
02/14 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Brandt(Harper), Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Langhorst,
Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Keough
Floor Sponsor - Darrington
Title apvd - to House
02/23 House intro - 1st rdg - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1355
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 CONSTRUCTION WORK ON STRUCTURES OWNED BY THE STATE;
8 AND AMENDING CHAPTER 41, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW
9 SECTION 67-4103, IDAHO CODE, TO PROVIDE FOR OPTIONAL PROJECT REVIEW BY THE
10 STATE HISTORIC PRESERVATION OFFICE, TO PROVIDE CERTAIN REQUIREMENTS FOR
11 STATE AGENCIES OR OTHER ENTITIES OF STATE GOVERNMENT PROPOSING A PROJECT
12 THAT INVOLVES STATE-OWNED STRUCTURES, TO PROVIDE FOR RESPONSE TO PROJECT
13 PROPOSALS BY THE STATE HISTORIC PRESERVATION OFFICE, TO PROVIDE THAT THE
14 STATE AGENCY OR OTHER ENTITY OF STATE GOVERNMENT PROPOSING THE PROJECT
15 SHALL HAVE THE DISCRETION TO ACT UPON THE RECOMMENDATIONS OF THE STATE
16 HISTORIC PRESERVATION OFFICE AND TO PROVIDE FOR THE USE OF RECOMMENDATIONS
17 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 owned by the state of Idaho.
30 SECTION 2. That Chapter 41, Title 67, Idaho Code, be, and the same is
31 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
32 ignated as Section 67-4102, Idaho Code, and to read as follows:
33 67-4102. AGENCY DUTY TO NOTIFY AND COOPERATE -- RESERVATION OF RIGHT AND
34 PRIVILEGE. All state agencies and other entities of state government shall
35 cooperate with the Idaho state historical society in the preservation and pro-
36 tection of historically significant structures, hereinafter referred to as
37 historic structures. For purposes of this section, the definition of "historic
38 structures" shall be limited to those buildings listed in, or eligible for
39 listing in, the national register of historic places.
40 (1) Any state agency or other entity of state government preparing to
41 remove or perform construction work on structures owned by the state, shall
2
1 notify the Idaho state historical society and shall cooperate to the fullest
2 extent practicable with the Idaho state historical society to preserve his-
3 toric structures and prevent their inappropriate destruction, and to allow the
4 Idaho state historical society to provide recommendations for the preserva-
5 tion, study or adaptive reuse of such historic structures.
6 (2) Any state agency or other entity of state government contracting to
7 remove or perform construction work on structures owned by the state shall
8 notify third parties contracting to perform said work that such action is sub-
9 ject to the provisions of this act.
10 SECTION 3. That Chapter 41, Title 67, Idaho Code, be, and the same is
11 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
12 ignated as Section 67-4103, Idaho Code, and to read as follows:
13 67-4103. PROJECT REVIEW. The state historic preservation office shall
14 have the option of reviewing all construction projects or other projects that
15 take place on, encompass, or that otherwise might impact or disturb structures
16 owned by the state at the time the project is proposed.
17 (1) In the event the state historic preservation office conducts a
18 review, the review will ascertain if the structure is an historic structure
19 and, if so, may recommend modifications to the proposed project that would
20 avoid or minimize the project's potential adverse impact on the historic sig-
21 nificance of the structure.
22 (2) The state agency or other entity of state government proposing a
23 project that involves a state-owned structure, shall submit project informa-
24 tion to the state historic preservation office for review at the time planning
25 begins in regard to the structure.
26 (a) The state historic preservation office shall respond to the project
27 proposal within thirty (30) days after receiving sufficient project infor-
28 mation for review.
29 (b) In the event the state historic preservation office fails to respond
30 to the project proposal as set forth in subsection (2)(a) of this section,
31 the project may proceed.
32 (c) In the event the state historic preservation office responds to the
33 project proposal, it may recommend that the project proceed as proposed,
34 or it may recommend that studies be conducted to identify the historic
35 significance of a structure, or that project proposal modifications take
36 place to avoid or minimize the adverse impact on historic structures.
37 (3) The state agency or other entity of state government proposing the
38 project will have the discretion to act upon the recommendations of the state
39 historic preservation office. The recommendations of the state historic pres-
40 ervation office are to be used as a planning tool to avoid unnecessary loss of
41 state-owned historic structures, or minimize the potential adverse impact on
42 state-owned historic structures, and not to specifically delay or halt a proj-
43 ect.
STATEMENT OF PURPOSE
RS 15756
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 construction on
structures owned or controlled by the state; to define historic
structures for the purposes of this bill; 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 NOTE
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
Name: Steve Guerber, Idaho State Historical Society
Phone: 334-2682
STATEMENT OF PURPOSE/FISCAL NOTE S 1355