Amends, repeals, and adds to existing law to provide for the State Historic Preservation Officer.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 898 BY WAYS AND MEANS COMMITTEE AN ACT1 RELATING TO STATE HISTORIC PRESERVATION; AMENDING CHAPTER 8, TITLE 67, IDAHO2 CODE, BY THE ADDITION OF A NEW SECTION 67-818A, IDAHO CODE, TO ESTABLISH3 PROVISIONS REGARDING THE STATE HISTORIC PRESERVATION PROGRAM; AMEND-4 ING SECTION 67-4112, IDAHO CODE, TO REVISE A DEFINITION; AMENDING SEC-5 TION 67-4127, IDAHO CODE, TO REMOVE OBSOLETE LANGUAGE; REPEALING SEC-6 TION 67-4127A, IDAHO CODE, RELATED TO THE STATE HISTORIC PRESERVATION7 OFFICER; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.8

Be It Enacted by the Legislature of the State of Idaho:9

SECTION 1. That Chapter 8, Title 67, Idaho Code, be, and the same is10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-11 ignated as Section 67-818A, Idaho Code, and to read as follows:12 67-818A. STATE HISTORIC PRESERVATION PROGRAM. (1) There shall be a13 state historic preservation officer who shall be appointed by the governor,14 serve at the pleasure of the governor, and be qualified by reason of educa-15 tion, training, experience, and demonstrated ability to fill the position.16 The compensation for the state historic preservation officer shall be set by17 the governor.18 (2) The state historic preservation officer may employ staff as nec-19 essary for the purpose of administering a state historic preservation pro-20 gram in accordance with the requirements set forth by the national historic21 preservation act.22 (3) The state historic preservation program shall be within the office23 of species, minerals, and energy coordination. Such office is authorized to24 and shall administer and enforce the provisions of this section and the na-25 tional historic preservation act, not to exceed the standards required by26 federal law.27 (4) The state historic preservation officer shall appoint an adequate28 and qualified state historic preservation review board in accordance with29 the national historic preservation act.30

SECTION 2. That Section 67-4112, Idaho Code, be, and the same is hereby31 amended to read as follows:32 67-4112. DEFINITIONS. As used in this chapter:33 (1) "Board" means the board of trustees of the Idaho state historical34 society.35 (2) "Historical record" means any record, artifact, object, historical36 or archaeological site or structure, document, evidence or public or private37 writing pursuant to the provisions of title 9, Idaho Code, relevant to the38 history of the state of Idaho.39

2 (3) "Idaho state historical society" and "society" mean the educa-1 tional institution pursuant to chapter 41, title 67, Idaho Code. The society2 includes the Idaho state museum, the Idaho state archives and state records3 center, the state historic preservation office, and operates in public trust4 state historic sites, including the old Idaho penitentiary, John and Ann5 Doney house, the Lorenzo Hill Hatch house, Franklin relic hall, Franklin co-6 operative mercantile institution, Rock Creek station and Stricker homesite,7 and Pierce courthouse.8

SECTION 3. That Section 67-4127, Idaho Code, be, and the same is hereby9 amended to read as follows:10 67-4127. DIRECTOR OF THE SOCIETY APPOINTED BY BOARD -- POWERS AND DU-11 TIES. A director of the society shall be appointed by the board of trustees,12 serve at the pleasure of the board, be qualified by reason of his education,13 training, experience and demonstrated ability to fill such position, and ex-14 ercise the following powers and duties in addition to all other powers and15 duties inherent in the position or delegated to him or imposed upon him by the16 board:17 1. To be a nonvoting member of the board of trustees and secretary18 thereto.19 2. To be the administrative officer of the state historical society.20 3. To prescribe such rules as may be necessary for the efficient opera-21 tion of his office.22 4. To serve as state historic preservation officer if so appointed by23 the governor pursuant to section 67-4127A, Idaho Code.24

SECTION 4. That Section 67-4127A, Idaho Code, be, and the same is hereby25 repealed.26

SECTION 5. An emergency existing therefor, which emergency is hereby27 declared to exist, this act shall be in full force and effect on and after28 July 1, 2026.29