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03 LC 25 3109S/AP
House Bill 26 (AS PASSED HOUSE AND
SENATE)
By: Representatives Broome of the 141st, Post 2, Sholar of the 141st, Post 1, Morris of the 120th, Barnard of the 121st, Post 1, Black of the 144th, and others
By: Representatives Broome of the 141st, Post 2, Sholar of the 141st, Post 1, Morris of the 120th, Barnard of the 121st, Post 1, Black of the 144th, and others
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Code Section 12_3_621 of the Official Code of
Georgia Annotated, relating to prohibited acts as to archeological, aboriginal,
prehistoric, or historic sites, notification of the state archeologist before
beginning the investigation or disturbance of a site, and penalties, so as to
provide for exemptions from the prohibition against disturbing certain
archeological, aboriginal, prehistoric, or historic sites; to provide for
authorized collecting of certain submerged finds; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Code Section 12_3_621 of the Official Code of Georgia
Annotated, relating to prohibited acts as to archeological, aboriginal,
prehistoric, or historic sites, notification of the state archeologist before
beginning the investigation or disturbance of a site, and penalties, is amended
by striking paragraph (2) of subsection (a) and inserting in lieu thereof the
following:
"(2)(A) Disturb or alter in any manner the prevailing condition of any archeological, aboriginal, prehistoric, or historic site; provided, however, that
except;
(B) Except for human remains and burial objects, subparagraph (A) of this paragraph shall not apply to the collecting of artifacts exposed on the surface of dry land; and
(C) Nothing in this subsection shall prohibit the collecting of isolated submerged finds of chipped stone tools or edged weapons in the Flint or Chattahoochee River by a person 16 years of age or older pursuant to a license issued by the department for such purpose. A child under 16 years of age shall not be issued such a license but may collect such isolated submerged finds when he or she is accompanied by a person licensed under this subparagraph. All such collecting activity shall be limited to zones established by the department at locations where river access may be obtained through state owned or controlled real property adjoining such river, and the department shall specify annual periods during which collecting in such zones may occur. Any person finding any submerged artifact in any such zone shall report such finding to the department within 72 hours. The department may charge a license fee as established by rule or regulation of the Board of Natural Resources in such amount as is reasonable and necessary to cover the costs of administration for purposes of this subparagraph. For purposes of this subparagraph, the term 'isolated submerged finds' means artifacts that have become displaced from their archaeological context because of erosion or water currents and are not considered of archaeological significance because they have become isolated from their sites of origin and are not within an archaeological, aboriginal, prehistoric, or historic site;"
"(2)(A) Disturb or alter in any manner the prevailing condition of any archeological, aboriginal, prehistoric, or historic site
(B) Except for human remains and burial objects, subparagraph (A) of this paragraph shall not apply to the collecting of artifacts exposed on the surface of dry land; and
(C) Nothing in this subsection shall prohibit the collecting of isolated submerged finds of chipped stone tools or edged weapons in the Flint or Chattahoochee River by a person 16 years of age or older pursuant to a license issued by the department for such purpose. A child under 16 years of age shall not be issued such a license but may collect such isolated submerged finds when he or she is accompanied by a person licensed under this subparagraph. All such collecting activity shall be limited to zones established by the department at locations where river access may be obtained through state owned or controlled real property adjoining such river, and the department shall specify annual periods during which collecting in such zones may occur. Any person finding any submerged artifact in any such zone shall report such finding to the department within 72 hours. The department may charge a license fee as established by rule or regulation of the Board of Natural Resources in such amount as is reasonable and necessary to cover the costs of administration for purposes of this subparagraph. For purposes of this subparagraph, the term 'isolated submerged finds' means artifacts that have become displaced from their archaeological context because of erosion or water currents and are not considered of archaeological significance because they have become isolated from their sites of origin and are not within an archaeological, aboriginal, prehistoric, or historic site;"
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.