2020 Georgia Code
Title 44 - Property
Chapter 12 - Rights in Personalty
Article 7 - Protection of American Indian Human Remains and Burial Objects
Part 1 - American Indian Human Remains and Burial Objects Held by Museums
§ 44-12-264. Penalties for Violation of Code Sections 44-12-261 and 44-12-262

1. Any museum which fails to comply with the provisions of Code Section 44-12-261 or 44-12-262 shall be subject to a civil penalty to be imposed by the council. The amount of such penalty shall be based upon:
   1. The archeological, historical, or commercial value of the item involved;
   2. The damages suffered, both economic and noneconomic, by an aggrieved party; and
   3. The number of violations that have occurred

      but in no event shall the aggregate amount of such civil penalty exceed $5,000.00.

2. Whenever the council proposes to subject a person to the imposition of a civil penalty under this Code section, the council shall notify such person in writing:
   1. Setting forth the date, facts, and nature of each act or omission with which the person is charged;
   2. Specifically identifying the particular provision or provisions of the Code section, rule, regulation, order, license, or registration certificate involved in the violation; and
   3. Advising of each penalty which the council proposes to impose and its amount.

      Such written notice shall be sent by registered or certified mail or statutory overnight delivery by the council to the last known address of such person. The person so notified shall be granted an opportunity to show in writing, within such reasonable period as the council shall by rule or regulation prescribe, why such penalty should not be imposed. The notice shall also advise such person that, upon failure to pay the civil penalty subsequently determined by the council, if any, the penalty may be collected by civil action. Any person upon whom a civil penalty is imposed may appeal such action pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."

3. A civil penalty finally determined under this Code section may be collected by civil action in the event that such penalty is not paid as required. On the request of the council, the Attorney General is authorized to institute a civil action to collect a penalty imposed pursuant to this Code section. The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to the Attorney General for collection.
4. All moneys collected from civil penalties shall be paid to the state for deposit in the general fund.

(Code 1981, §44-12-264, enacted by Ga. L. 1992, p. 1790, § 6; Ga. L. 2000, p. 1589, § 3; Ga. L. 2002, p. 632, § 1.)

The 2000 amendment, effective July 1, 2000, substituted "certified mail or statutory overnight delivery" for "certified mail" in the first sentence in the last undesignated paragraph of subsection (b).

The 2002 amendment, effective July 1, 2002, substituted "council" for "Secretary of State" throughout this Code section and substituted "the council" for "he" in the introductory language of subsection (b).

- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provided that the Act is applicable with respect to notices delivered on or after July 1, 2000.

PART 2 COUNCIL ON AMERICAN INDIAN CONCERNS

44-12-280. Council on American Indian Concerns created; membership; assignment for administrative purposes; terms of office; removal for failure to attend meetings.

1. As used in this Code section, the term:
   1. "Anthropologist" means a physical anthropologist who holds a Ph.D. in physical anthropology with demonstrated experience in on-site identification of human skeletal remains and who is currently active in the profession.
   2. "Archeologist" means any person who:
      1. Is a member of or meets the criteria for membership in the Society of Professional Archaeologists and can demonstrate experience or formal training in the excavation and interpretation of human graves; or
      2. Was employed on July 1, 1992, by the state or by any county or municipal governing authority as an archeologist.
2. There is created the Council on American Indian Concerns, which shall consist of nine members to be appointed by the Governor. Five members shall be American Indians. Three members shall represent the scientific community and shall include at least one archeologist and one anthropologist; provided, however, that if no anthropologist can be identified who is willing to serve, then the membership reserved to an anthropologist shall be filled by a person who holds a master's degree or a higher degree in the field of anthropology and is currently active in the profession. One member shall be selected from the general public at large. All members of the council shall be legal residents of the State of Georgia. The Governor shall consult the tribal groups located in the state recognized by general law, the Human Relations Commission, the Georgia Council of Professional Archaeologists, the Society for Georgia Archaeology, and the Department of Natural Resources for recommendations before appointing members of the council.
3. The council is assigned to the Department of Natural Resources for administrative purposes only, as specified in Code Section 50-4-3.
4. The terms of appointment for members of the council shall be as follows: two American Indians, one scientist, and one representative of the general public shall be appointed for an initial term of three years; two American Indians, one scientist, and one representative of the general public shall be appointed for an initial term of two years; and one scientist shall be appointed for an initial term of one year. The member who represents the general public and who has the least time left in his or her term on July 1, 2002, shall cease to be a member on that date, and a member who is an American Indian shall be appointed to take office on that day for a term of three years. The Governor shall specify the length of the initial term of the councilmembers in their initial appointments. After such initial terms, all councilmembers shall be appointed for terms of three years. Active and continued participation by members of the council is needed. The Governor may remove any member who fails to attend three regularly scheduled consecutive meetings. Councilmembers may succeed themselves.

(Code 1981, §44-12-280, enacted by Ga. L. 1992, p. 1790, § 6; Ga. L. 2002, p. 632, § 2; Ga. L. 2017, p. 212, § 1/HB 153.)

The 2002 amendment, effective July 1, 2002, in subsection (b), substituted "Five members" for "Four members" at the beginning of the second sentence, substituted "One member" for "Two members" at the beginning of the fourth sentence, and substituted "tribal groups located in the state recognized by general law" for "Georgia Tribes of Eastern Cherokee, Inc." in the last sentence; and added the second sentence in subsection (d).

The 2017 amendment, effective July 1, 2017, substituted "Department of Natural Resources" for "Governor's Office of Planning and Budget" in subsection (c).