Georgia 2023-2024 Regular Session

Georgia House Bill HB43 Latest Draft

Bill / Enrolled Version Filed 03/11/2024

                            24 LC 44 2156/AP
House Bill 43 (AS PASSED HOUSE AND SENATE)
By: Representatives Lim of the 98
th
, Taylor of the 173
rd
, Mathiak of the 74
th
, McClain of the
109
th
, and Mainor of the 56
th
 
A BILL TO BE ENTITLED
AN ACT
To amend Article 7 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated,
1
relating to protection of American Indian human remains and burial objects, so as to revise2
the membership of the Council on American Indian Concerns; to revise addresses of3
American Indian Tribes; to provide for related matters; to repeal conflicting laws; and for4
other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Article 7 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to8
protection of American Indian human remains and burial objects, is amended in Code9
Section 44-12-280, relating to Council on American Indian Concerns created, membership,10
assignment for administrative purposes, terms of office, and removal for failure to attend11
meetings, by revising subsection (b) as follows:12
"(b)  There is created the Council on American Indian Concerns, which shall consist of nine13
members to be appointed by the Governor.  Five members shall be American Indians, with
14
at least one member representing each of the American Indian tribes of Georgia identified15
in Code Section 44-12-300.  Three members shall represent the scientific community and16
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shall include at least one archeologist and one anthropologist; provided, however, that, if17
no anthropologist can be identified who is willing to serve, then the membership reserved18
to an anthropologist shall be filled by a person who holds a master's degree or a higher19
degree in the field of anthropology and is currently active in the profession.  One member20
shall be selected from the general public at large.  All members of the council shall be legal21
residents of the State of Georgia.  The Governor shall consult the tribal groups located in22
the state recognized by general law, the Human Relations Commission, the Georgia23
Council of Professional Archaeologists, the Society for Georgia Archaeology, and the24
Department of Natural Resources for recommendations before appointing members of the25
council."26
SECTION 2.27
Said article is further amended in Code Section 44-12-300, relating to tribes, bands, groups,28
or communities recognized by state as legitimate American Indian Tribes, by revising29
subsection (a) as follows:30
"(a)  The State of Georgia officially recognizes as legitimate American Indian tribes of31
Georgia the following tribes, bands, groups, or communities:32
(1)  The Georgia Tribe of Eastern Cherokee33
P.O. Box 1993 132334
Dahlonega, Georgia 30533;35
(2)  The Lower Muscogee Creek Tribe36
Tama Reservation37
Route 2, Box 370 107 Tall Pine Drive38
Whigham, Georgia 31797 39897; and39
(3)  The Cherokee of Georgia Tribal Council40
110 Cherokee Way41
Saint George, Georgia 31646 31562."42
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SECTION 3.
43
All laws and parts of laws in conflict with this Act are repealed.44
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