KY detectorists beware this bill

[Mark S.]

This is a bill in the state of Kentucky HB117. It is mainly aimed at protecting cemeteries on private property. However there is wording in the beginning that goes way beyond that.

http://www.lrc.ky.gov/record/07RS/HB117/bill.doc

http://www.lrc.ky.gov/record/07RS/HB117.htm

It is the standard attack. Requiring permits for archaeological excavations on PRIVATE PROPERTY. If you don't read it close you may breeze right by it and not notice it. It has nothing to do with cemeteries. The definition section is the key. It could be used to outlaw any metal detecting or collecting on private property.

I know of a professional archaeologists who is fighting this bill. As a friend to the hobby he is not part of the "circle" so he and his nationwide amateur archae. organization would also be locked out by this bill.

If you are from KY then go to this link for contacting your legislator.

http://www.lrc.ky.gov/whoswho/whoswho.htm

If you are not form KY then go to the same link. Go to the bottom of the page and click on "organization and administration" and you can navigate for who you wish to contact. The bill is in the "Local Government" committee right now.

Mark Schuessler
FMDAC Alliance Liaison

 

[DonNWF]

Hi Mark. I know I have somewhat taken your organization and other MD organizations to task for their approach to fighting restrictive State/Fed legislation that unfairly impact our hobby. I just sifted about a hundred pages of the preservation plan (2004) published by The Kentucky Heritage Council (KHC), a driving force behind all proposed laws and preservation of historical properties and objects in Kentucky. The officers of this organization are appointed by the Gov of Kentucky and as far as I can determine get funding and grants from the state, just like any other State agency. Their influence is overwhelming. It not that they don't do good, they do. Their into building and site preservation big time, and I see that as a good thing. However, their position is that anything over 50 years old belongs to the State (Private property or otherwise)and only recognized and approved historian and archaeologists are entitled to hunt or preserve. They are well funded and inter-connected to all Kentucky State Gov agencies.
For MD organizations to think that individual MDers contacting their State Representatives will somehow make a difference is shortsighted. IMO a grass roots approach will not work and has not worked except on a very small scale with very limited objectives. We are talking about taking on entrenched and funded State Agencies and those connected thereto. To do that takes money, political polishing, and dedicated connected organizations willing to fight a political fight, together with those who provide us with our tool , The MD manufacturers, and Networked with and supported by other organization willing to fight the same fight to gain like objectives. Then you might make a difference on a State by State basis and gain some meaningful victories. Other then that your just spitting into the wind. Just go hunt whats left, and legal in your State, on whatever legal ground you can find. Your not going to change anything taking your approach. HH Don

 

[Mark S.]

I understand what you are saying. It is not an easy battle and uphill all the way. The archaeologists in VA found out how well they were entrenched when they tried this same thing on a much broader scale two years ago. The bill got stomped by the various collecting hobbies.

The part to realize is that there are archaeological concerns that are against this bill also. The people pushing these things want everyone but themselves and their close little groups locked out. There are many archaeologists out there who are not associated with government positions. That are cooperating with detectorists and amateurs. These people would be locked out of the permit system as they are not part of the status quo.

Mark S.

 

[Black Davy]

I tell ya it's a outrage! I could'nt even go on my parents farm and detect unless I was a,
(3) "Archaeologist" means an individual who has a graduate degree in anthropology and at least one (1) year of full-time postgraduate experience in archaeological research, at least four (4) months of supervised field and analytic experience in general North American archaeology, and a demonstrated ability to complete research;

(g) Descendants and family members of the deceased person shall conduct themselves in a manner that does not damage the private lands, cemetery, or grave sites, and shall be liable to the owner of the private lands for any damage caused as a result of their access; and

What a crock of crap. We will no longer be the land of the FREE!!!