HB 91 Kentucky permit bill just keeps coming back.

KY permit bill shows up again. This tired bill should be laid to rest in a deep grave. It just keeps coming back. The sponsors are probably hoping that we will grow tired of fighting it and forget about it. We cannot let that happen.

This year it is HB 91. Here is the link   

http://www.lrc.ky.gov/record/10RS/HB91.htm


The bill has changed a bit in wording over a few years. It would require a permit to conduct an archaeological excavation on private property. The term “archaeological excavation” would include metal detecting.

The way I read it you could use a detector in a plowed farm field only. Any digging below the plow line is prohibited as well as in any non-plowed area. Surface collecting is allowed anywhere but that is for “exposed” items only.

The property owner would have no say in the matter. The property owner could not grant someone permission. This is a gross attack on private property rights. This bill has gone nowhere in the past. Let’s keep it that way.


Email for the sponsor:    Reginald Meeks      reginald.meeks@lrc.ky.gov

Lets flood this guy with emails!



Link to the KY legislature contact page:   http://www.lrc.ky.gov/Legislators.htm


Mark S
FMDAC legislation department


 

Reggie will be hearing from me.  When is this bill scheduled to come to the table?  What's our time line on this?

I am not tired of fighting this one.  We've seen it before, and we have acted before.  This will be no different.  Thank you for posting the information, Mark.


Regards,


Buckleboy

"to require persons excavating archaeological sites on private property to obtain a permit "

This is the only thing that I see that is a problem. What is an archaeological site? Is a privy hole an archaeological site? could be. Also what is excavating? Digging with a pocket knife for coins? Also what are burial goods? Are points found on top of the ground burial goods?

I have a nephew that works as  archaeologist for the Govt.  in Utah. He has been an expert witness for the Govt. a number of times in cases brought against grave robbers. His idea of  excavating is anybody that picks up an arrowhead off the ground on federal lands is excavating . Interesting though. He showed me his collection of points that must have come from somewhere.    

Yeah, it's ok if they do it, just not anyone else. You know the rules don't apply to the government.

It has been submitted and is sitting in the commitee with nothing scheduled. It has not seen any action in a number of years due to zero support from the general legislature.


From the bill;

(1)   "Archaeological site" means any place where artifacts that are valuable for the scientific study of historic or prehistoric human life and activities may be found, including but not limited to historic and prehistoric structures, ruins, pictographs and petroglyphs, mounds, burial grounds, forts, mines, farmsteads, quarries, house sites, and industrial or commercial sites;

(6)   "Burial object" means any item intentionally placed in a burial ground at or near the time of burial;


(17)   "Surface collecting" means walking fields, stream banks, or other locations to look for and collect artifacts that are lying on the surface of the ground, that are partially exposed on the surface of the ground, or that have been disturbed by agricultural plowing or natural processes of erosion;


There is alot of vagueness in this bill. Once passed these bills can morph into whatever they want to make them. They will interpret and twist them to their advantage. Could you metal detect if you are not below the plow line or can you just "surface collect".  The Kentucky Heritage Council who is behind this bill, want sole right to everything historical, so there is no doubt in my mind that if this passed it would spell an end to metal detecting in the state.


If I had a nephew like that I would be having a long private talk with him. He has obviously been brainwashed by the same types who are behind this bill.

I hope I am not too late.

I sent a message to the representative. 

Dear Representative Meeks,

In regards for to HB 91.

I am a metal detector hobbyist.  I am not in it for money anymore than a golfer is.  My motivations are the same.  For some reason lawful detectorists are lumped in with criminals who loot historical sites.  Lawful metal detectorists follow the Metal Detecting Code of Ethics which require us to obtain permission and operate under the law.

I hope that you will withdraw your support for such a bill that puts an effective ban on such a beneficial and rewarding hobby that is enjoyed by millions of people across this great land.

If you think this hobby is all about treasure chests and piles of loot.  Then you should look up a metal detecting club and attend a meeting.  I am certain you will see it is just a bunch of nerdy folks who like to dig up pennies and argue about the best metal detector.

Regards,
John