ALERT ! GEORGIANS NEED TO TAKE A STAND OR DETECTING WILL BE ILLEGAL! Posted By: Rick Phillips
Date: Monday, 12 March 2001, at 4:40 a.m.Attention Georgians, (and others...this could happen to you if our state enacts this), You probably don't know that some sneaky representative, (Burkhalter of the 41st) has a bill going to the Georgia General Assembly THIS WEEK that will enact a law where you will HAVE to have written permission for any detecting and it will be ILLEGAL for you to own any artifacts obtained without this written permission from the owner of the property. I was sent this bill in email so had to copy it below, no attachments. PLEASE take time and contact your representatives before they pull a "Barnes" on us when they changed our state flag.
A BILL TO BE ENTITLED AN ACT To amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, so as to provide that a certain exception to restrictions on taking archeological artifacts shall be limited to artifacts found on dry land; to specify certain duties of the state archeologist; to provide that the possession of an artifact without the written permission of the owner of the land from which the artifact was taken shall be prima-facie evidence that such artifact was taken illegally; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, is amended by striking in its entirety Code Section 12-3-621, relating to prohibited acts as to archeological sites, notification of the department before beginning investigation or disturbance of site, and a penalty, and inserting in lieu thereof the following:
"(a) It shall be unlawful for any person or entity not operating under the provisions of Section 106 of the National Historic Preservation Act, as amended, or the express written permission of the owner willfully or knowingly to:
(1) Dig, probe, break, crack, carve upon, write upon, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm the structures, features, surfaces, or contents of archeological, aboriginal, prehistoric, or historic sites; provided, however, that except for human remains and burial objects, this paragraph shall not apply to the collecting of artifacts exposed on the surface of dry land;
(2) Disturb or alter in any manner the prevailing condition of any archeological, aboriginal, prehistoric, or historic site; provided, however, that except for human remains and burial objects, this paragraph shall not apply to the collecting of artifacts exposed on the surface of dry land;
(3) Break, force, tamper with, or otherwise disturb a lock, gate, door, or other obstruction designed to control or prevent access to any area containing an archeological, aboriginal, prehistoric, or historic site or artifacts, even though entrance thereto may not be gained; or
(4) Enter an archeological, aboriginal, prehistoric, or historic site posted against trespassing or a site with a lock, gate, door, or other obstruction designed to control or prevent access to the site.
(b) When the surface of any archeological, aboriginal, prehistoric, or historic site is disturbed by a person not documented as operating under the provisions of Section 106 of the National Historic Preservation Act, as amended, for the purpose of investigating the site or discovering artifacts with the written permission of the landowner, such person shall notify the department state archeologist in writing at least five business days before beginning any such investigation or disturbance. The department state archeologist shall immediately notify the Council on American Indian Concerns created by Code Section 44-12-280 of any such investigation that might involve American Indian human remains or burial objects. The department state archeologist shall make available to the council any information pertaining to investigations conducted pursuant to Section 106 of the National Historic Preservation Act, as amended.
(c) Possession of any archeological artifact collected on or after July 1, 2001, without the written permission of the owner of the land from which the artifact was removed shall be prima-facie evidence that the archeological artifact was taken in violation of this chapter. As to archeological artifacts unlawfully in the possession of any person or entity, same shall be confiscated and held by the appropriate law enforcement official(s) and shall be returned by said official(s) to the property owner from whose property the artifacts were improperly removed.
(d) Any person who violates any provision of subsection (a) or (b) of this Code section shall be guilty of a misdemeanor."