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<br /> <br />108 of the Act. Section 108(3) of the Act provides that: <br />"The Society shall assist the agencies in <br />evaluating state owned properties and in <br />reviewing activities, programs, projects, <br />undertakings, and all other agency actions for <br />adequacy in addressing the preservation of <br />properties in the State Reaister." (Emphasis <br />added). <br />of Society's duties and authority under Section 104. Petitioner <br />believes that the plain language of the Act, when reviewed closely <br />with respect to all defined terms, precludes the Society's <br />position. The Act is simply and clearly designed to provide some <br />minimal protection to properties listed or nominated for inclusion <br />in the State Register. However, if the Act is deemed ambiguous as <br />a result of the legislature's use of the word "historical <br />significance" in Section 104(2)(a), general rules of statutory <br />construction preclude the Society's interpretation. <br />If the Act is ambiguous, its ambiguity relates to whether non- <br />listed and non-nominated properties are subject to review and <br />comment by the Society. When a statute is ambiguous, various rules <br />of statutory construction come into play. <br />1. Legislature's intention. <br />should look first and foremost to <br />enacting the statute. Cross v. Peo <br />(1950). Once the legislature's <br />statute must be given the construc <br />intent. id. <br />In construing a statute, one <br />the legislature's intention in <br />ole, 122 Colo. 469, 223 P.2d 202 <br />intention is ascertained, the <br />tion which will accomplish such <br />The legislature's intention in enacting the Act was to give <br />the Society the opportunity to delay, for up to ninety days, state <br />initiated actions which might damage those properties that become <br />listed in the State Register. Attached hereto as Exhibit C is a <br />copy of a letter from Jack McCroskey, the sponsor of House Bill <br />1561 (resulting in the Act). Mr. McCroskey clearly states that: <br />it was never the intent of this Bill to grant <br />the Historical Society any powers whatsoever <br />to regulate or delay state agency actions <br />affecting private owned property that has not <br />been nominated to or accepted by the State <br />Register. <br />Also attached hereto, as Exhibit D, is a transcript of the floor <br />discussions in the House and the Senate concerning passage of the <br />Act. There was very little discussion concerning the Act. The <br />House spent approximately nine minutes discussing the Act and the <br />4 <br />