(1) The general assembly hereby finds and declares that when the voters approved the conduct of limited gaming in the cities of Central, Black Hawk, and Cripple Creek they believed that all money expended from the state historical fund would be used to restore and preserve the historic nature of those cities and other sites and municipalities throughout the state. Together with the limitations contained in section 44-30-1201 on the expenditure of money in the fund that is subject to administration by the state historical society, this section is intended to assure that expenditures from the fund by the society and by the cities of Central, Black Hawk, and Cripple Creek are used for historic restoration and preservation.
The state historical society shall not expend money from the eighty percent portionof the state historical fund administered by the society unless they have adopted standards for distribution of grants from that portion of the fund. The standards shall allow for the appropriate use of sustainable solutions such as environmentally sensitive and energy efficient windows, window assemblies, insulating materials, and heating and cooling systems, as long as the use of the sustainable solutions does not adversely affect the appearance or integrity of a historic property. The standards shall further include requirements that assure compliance with the secretary of the interior's standards for treatment of historic properties.
The governing bodies of the cities of Central, Black Hawk, and Cripple Creek shallnot expend money from their twenty percent portion of the state historical fund unless they have adopted standards for distribution of grants from that portion of the fund. At a minimum, the standards shall include the following:
Requirements that assure compliance with the secretary of the interior's standards fortreatment of historic properties;
A requirement that the city is a certified local government, as defined in section 4430-103 (7), and that the city's historic preservation commission review and recommend grant awards to the governing body;
A provision that prohibits a private individual from receiving more than one grant forthe restoration or preservation of the same property within any one-year period;
A provision that limits grants to property that is located within a national historiclandmark district or within an area listed on the national register of historic places;
A provision that limits grants for restoration or preservation to structures that havehistorical significance because they were originally constructed more than fifty years prior to the date of the application;
A provision that prohibits issuing a grant to a private individual who does not ownthe residential property that is to be restored or preserved;
A provision that prohibits making grants for more than one year at a time;
A provision that requires a member of the governing body to disclose any personalinterest in a grant before voting on the application;
A provision requiring the award of any grant in excess of fifty thousand dollars forany single residential property to be conditioned upon an agreement to repay the grant upon any sale or transfer of the property within five years of the date the grant is awarded. The amount to be repaid shall equal the amount of the grant less an amount equal to one-sixtieth of the amount of the grant for each full month occurring between the date the grant is awarded and the date of the sale or transfer of the property.
A provision allowing for the appropriate use of sustainable solutions such as environmentally sensitive and energy efficient windows, window assemblies, insulating materials, and heating and cooling systems, as long as the use of the sustainable solutions does not adversely affect the appearance or integrity of a historic property.
The provision contained in subsection (3)(d) of this section that requires that thegoverning bodies of the specified cities not expend money from the state historical fund unless they adopt standards that include a provision that limits grants to property that is located within a national historic landmark district or within an area listed on the national register of historic places is not intended to affect the status of the cities as approved sites for limited gaming under section 9 of article XVIII of the state constitution in the event that the status as a historical landmark district or listing on the national register of historic places is not maintained.
The governing body of a city that is not a certified local government pursuant tosubsection (3)(b) of this section and that receives money from the state historical fund for historic preservation purposes shall not expend the money but instead shall create an independent restoration and preservation commission for the purpose of expending the money in accordance with part 14 of this article 30.
Source: L. 2018: Entire article added with relocations, (SB 18-034), ch. 14, p. 228, § 2, effective October 1.
Editor's note: This section is similar to former § 12-47.1-1202 as it existed prior to 2018.