Bill Text: CT HB05279 | 2018 | General Assembly | Introduced

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Bill Title: An Act Concerning The Historic Preservation Council And Municipal Authority With Respect To Historic Preservation.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-03-02 - Public Hearing 03/08 [HB05279 Detail]

Download: Connecticut-2018-HB05279-Introduced.html

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General Assembly		Raised Bill No. 5279
February Session, 2018		LCO No. 1764
		*01764_______CE_*
Referred to Committee on COMMERCE
Introduced by:
(CE)

AN ACT CONCERNING THE HISTORIC PRESERVATION COUNCIL AND MUNICIPAL AUTHORITY WITH RESPECT TO HISTORIC PRESERVATION.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 10-409 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) With respect to historical preservation, there is established within the Department of Economic and Community Development a Historic Preservation Council. [The]

(1) On and before September 30, 2018, the Historic Preservation Council shall consist of twelve members to be appointed by the Governor. On or before January fifth in the even-numbered years, the Governor shall appoint six members for terms of four years each to replace those whose terms expire. One of such members shall be the State Historian and one shall be the State Archaeologist. [Members shall be appointed in accordance with the provisions of section 4-9a. No] The terms of all members appointed prior to October 1, 2018, shall terminate on said date.

(2) On and after October 1, 2018, the Historic Preservation Council shall consist of the following members: (A) One appointed by the speaker of the House of Representatives; (B) one appointed by the president pro tempore of the Senate; (C) one appointed by the majority leader of the House of Representatives; (D) one appointed by the majority leader of the Senate; (E) one appointed by the minority leader of the House of Representatives; (F) one appointed by the minority leader of the Senate; (G) ten persons appointed by the Governor, one of whom shall have a master's degree in historic preservation or expertise in issues concerning historic preservation; and (H) the State Historian and the State Archaeologist, who shall serve ex officio.

(3) All appointments to the council shall be made not later than November 1, 2018. Each appointed member shall serve a term of four years, provided the members first appointed by the Governor shall serve a term of three years. Any vacancy occurring other than by expiration of term shall be filled by the appointing authority for the balance of the unexpired term. Any prior member of the council may be reappointed, provided no member shall serve for more than two consecutive full terms. Any member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned from office. The Governor shall biennially designate one member of the council to be chairperson. [The Governor shall fill any vacancy for any unexpired portion of the term and may remove any member as provided by section 4-12. No compensation shall be received by the members of the council but they shall be reimbursed for their necessary expenses.] Members of the council shall receive no compensation for their services but shall be reimbursed for any necessary expenses incurred in the performance of their duties.

(b) The Department of Economic and Community Development may, with the advice of the Historic Preservation Council, (1) study and investigate historic structures and landmarks in this state and encourage and recommend the development, preservation and marking of such historic structures and landmarks found to have educational, recreational and historical significance; (2) prepare, adopt and maintain standards for a state register of historic places; (3) update and keep current the state historic preservation plan; (4) administer the State Register of Historic Places Program; (5) assist owners of historic structures in seeking federal or other aid for historic preservation and related purposes; (6) recommend to the General Assembly the placing and maintaining of suitable markers, memorials or monuments or other edifices to designate historic structures and landmarks found to have historical significance; (7) make recommendations to the General Assembly regarding the development and preservation of historic structures and landmarks owned by the state; (8) maintain a program of historical, architectural, and archaeological research and development including surveys, excavation, scientific recording, interpretation and publication of the historical, architectural, archaeological and cultural resources of the state; (9) cooperate with promotional, patriotic, educational and research groups and associations, with local, state and national historical societies, associations and commissions, with agencies of the state and its political subdivisions and with the federal government, in promoting and publicizing the historical heritage of Connecticut; (10) formulate standards and criteria to guide the several municipalities in the evaluation, delineation and establishment of historic districts; (11) cooperate with the State Building Inspector, the Codes and Standards Committee and other building officials and render advisory opinions and prepare documentation regarding the application of the State Building Code to historic structures and landmarks if requested by owners of historic structures and landmarks, the State Building Inspector, the Codes and Standards Committee or other building officials; (12) review planned state and federal actions to determine their impact on historic structures and landmarks; (13) operate the Henry Whitfield House of Guilford, otherwise known as the Old Stone House, the Prudence Crandall Museum, Old New-Gate Prison and Copper Mine and the Eric Sloane Museum and Kent Iron Furnace as state historical museums and, in its discretion, charge a fee for admission to said museums and account for and deposit the same as provided in section 4-32; (14) provide technical and financial assistance to carry out the purposes of this section and sections 10-410 to 10-416, inclusive; (15) adopt regulations in accordance with the provisions of chapter 54 for the preservation of sacred sites and archaeological sites; and (16) inventory state lands to identify sacred sites and archaeological sites. The department shall study the feasibility of establishing a state museum of Connecticut history at an appropriate existing facility. The Historic Preservation Council shall (A) review and approve or disapprove requests by owners of historic properties on which the department holds preservation easements to perform rehabilitation work on sacred sites and archaeological sites; (B) request the assistance of the Attorney General to prevent the unreasonable destruction of historic properties pursuant to the provisions of section 22a-19a; and (C) place and maintain suitable markers, memorials or monuments to designate sites or places found to have historic significance. The council shall meet monthly. The Connecticut Trust for Historic Preservation may provide technical assistance to the council.

[(b)] (c) Notwithstanding the provisions of this section or section 1-210, the Department of Economic and Community Development may withhold from disclosure to the public information relating to the location of archaeological sites under consideration for listing by the department or those listed on the National Register of Historic Places or the state register of historic places whenever the department determines that disclosure of specific information would create a risk of destruction or harm to such sites. The provisions of this subsection shall not apply to any such site unless the person who reported or discovered such site has submitted a written statement to the department requesting that no disclosure be made. Upon receipt of such statement, the department may withhold such information from disclosure until the July first next succeeding such receipt. Such person may request that a period of nondisclosure be extended by submitting such statements prior to July first of any year.

[(c)] (d) The Historic Preservation Council of the Department of Economic and Community Development shall develop a model ballot form to be mailed by clerks of municipalities on the question of creation of historic districts or districts as provided for in section 7-147a to 7-147k, inclusive.

Sec. 2. Subdivision (10) of subsection (c) of section 7-148 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(10) (A) Make all lawful regulations and ordinances in furtherance of any general powers as enumerated in this section, and prescribe penalties for the violation of the same not to exceed two hundred fifty dollars, unless otherwise specifically provided by the general statutes. Such regulations and ordinances may be enforced by citations issued by designated municipal officers or employees, provided the regulations and ordinances have been designated specifically by the municipality for enforcement by citation in the same manner in which they were adopted and the designated municipal officers or employees issue a written warning providing notice of the specific violation before issuing the citation, except that no such written warning shall be required for violations of a municipal ordinance regulating the operation or use of a dirt bike, all-terrain vehicle or mini-motorcycle;

(B) Adopt a code of ethical conduct;

(C) Establish and maintain free legal aid bureaus;

(D) Perform data processing and related administrative computer services for a fee for another municipality;

(E) Adopt the model ordinance concerning a municipal freedom of information advisory board created under subsection (f) of section 1-205 and establish a municipal freedom of information advisory board as provided by said ordinance and said section;

(F) Protect the historic or architectural character of properties or districts [that are listed on, or under consideration for listing on, the National Register of Historic Places, 16a USC 470, or the state register of historic places, as defined in section 10-410] through an approval process by an historic commission that determines the appropriateness of demolitions, building removals or any alterations of external architectural features that are visible from a public street, way or place.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2018	10-409
Sec. 2	October 1, 2018	7-148(c)(10)

Statement of Purpose:

To adjust the qualifications for members and add legislative appointees to the Historic Preservation Council and modify the powers of municipalities with regard to the historic or architectural character of properties or districts as they relate to the National Register of Historic Places and the state register of historic places.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]