ASSEMBLY, No. 1930

STATE OF NEW JERSEY

211th LEGISLATURE

INTRODUCED JANUARY 26, 2004

Sponsored by:

Assemblyman JEFF VAN DREW

District 1 (Cape May, Atlantic and Cumberland)

Assemblyman PATRICK DIEGNAN, JR.

District 18 (Middlesex)

SYNOPSIS

    Provides for the protection of certain publicly-owned archaeological sites and findings, and establishes penalties.

CURRENT VERSION OF TEXT

    As introduced.

(Sponsorship Updated As Of: 2/6/2004)

An Act providing for the protection of certain publicly-owned archaeological sites and findings and establishing penalties, amending P.L.1983, c.324, and supplementing Titles 23 and 40 of the Revised Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. The Legislature finds and declares that it is of critical importance to protect archaeological sites in New Jersey to prevent their despoliation; that prehistoric archaeological sites in the State have been pillaged by relic hunters; that these collectors generally dig without permission, almost always lack the technical training required to conduct scientific archaeological excavations, and seldom conduct legitimate research; and that illicit diggings have resulted in the loss of scientific data and archaeological findings that make these sites invaluable to cultural research and to our heritage, destroying non-renewable records of human activities.

    The Legislature therefore determines that it is in our historic and cultural interests to prevent the unauthorized excavation and removal of archaeological findings from certain public lands in New Jersey.

    2. Section 10 of P.L.1983, c.324 (C.13:1L-10) is amended to read as follows:

    10.a. (1) No person may alter, [mutilate,] deface, destroy, [alter or move] disturb or remove from any State park or forest property, [whether man-made or natural, or any animal, or any] archaeological findings [, which shall include, but not be limited to, relics, objects or artifacts of an historical, prehistorical, geological, archaeological or anthropological nature,] which are held by the department pursuant to the provisions of [this amendatory and supplementary act] P.L.1983, c.324 (C.13:1L-1 et seq.) , without the department's permission. As used in this section "archaeological finding" shall include, but need not be limited to relics, objects or artifacts of an historical, prehistorical, geological, archaeological or anthropological nature.

    (2) No person may sell, transfer, exchange, transport, purchase, receive or offer to sell, transfer, exchange, transport, purchase or receive any archaeological finding without the permission of the department.

    b. No person may litter or abandon any material on State park or forest property held pursuant to the provisions of [this amendatory and supplementary act] P.L.1983, c.324 (C.13:1L-1 et seq.) .

    c. No person may harm or remove any animal on State park or forest property held pursuant to the provisions of P.L.1983, c.324 (C.13:1L-1 et seq.), without the department's permission.

    d. A person who knowingly violates, solicits or employs any other person to violate the provisions of subsection a. shall be subject to the following penalties: a fine of not less than $750 or more than $1,500 for the first offense; a fine of not less than $1,500 or more than $3,000 for the second offense and a fine of not less than $3,000 or more than $5,000 for any subsequent offense. Penalties provided within this subsection shall be collected in a civil action by a summary proceeding. Any vessel, vehicle or equipment used in the commission of the violation shall be subject to confiscation and forfeiture to the State, if warranted, as determined by the courts. Further, restitution may be ordered to compensate the State for the cost of remediating any violation of this provision. All fines shall be remitted to the department to be used for the preservation, remediation or protection of State archaeological sites. Any archaeological finding obtained as a result of violation of these provisions shall be subject to forfeiture and return to the State and shall be deposited with the department, which shall adopt rules or regulations to ensure their appropriate disposition.

(cf: P.L.1983, c.324, s.10)

    3. (New section) a. (1) No person may alter, deface, destroy, disturb or remove archaeological findings from wildlife management areas or reservoir lands administered by the Department of Environmental Protection, without the department's permission. As used in this section "archaeological finding" shall include, but need not be limited to relics, objects or artifacts of an historical, prehistorical, geological, archaeological or anthropological nature.

    (2) No person may sell, transfer, exchange, transport, purchase, receive or offer to sell, transfer, exchange, transport, purchase or receive any archaeological finding without the permission of the department.

    b. A person who knowingly violates, solicits or employs any other person to violate the provisions of subsection a. shall be subject to the following penalties: a fine of not less than $750 or more than $1,500 for the first offense; a fine of not less than $1,500 or more than $3,000 for the second offense and a fine of not less than $3,000 or more than $5,000 for any subsequent offense. Penalties provided within this subsection shall be collected in a civil action by a summary proceeding. Any vessel, vehicle or equipment used in the commission of the violation shall be subject to confiscation and forfeiture to the State, if warranted, as determined by the courts. Further, restitution may be ordered to compensate the State for the cost of remediating any violation of this provision. All fines shall be remitted to the department to be used for the preservation, remediation or protection of State archaeological sites. Any archaeological finding obtained as a result of violation of these provisions shall be subject to forfeiture and return to the State and shall be deposited with the department, which shall adopt rules or regulations to ensure their appropriate disposition.

    4. (New section) a. (1) No person may alter, deface, destroy, disturb or remove archaeological findings from lands owned by a county, municipality, or any political subdivision thereof, without permission from the respective administrative body. As used in this section, "archaeological findings" shall include, but not need be limited to, relics, objects or artifacts of an historical, prehistorical, geological, archaeological or anthropological nature.

    (2) No person may sell, transfer, exchange, transport, purchase, receive or offer to sell, transfer, exchange, transport, purchase or receive any archaeological finding without the permission of the department.

    b. A person who knowingly violates, solicits or employs any other person to violate the provisions of subsection a. shall be subject to the following penalties: a fine of not less than $750 or more than $1,500 for the first offense; a fine of not less than $1,500 or more than $3,000 for the second offense and a fine of not less than $3,000 or more than $5,000 for any subsequent offense. Any penalty provided by this act shall be collected in a civil action by a summary proceeding. Any vessel, vehicle or equipment used in the commission of the violation shall be subject to confiscation and forfeiture to the county or municipality, if warranted, as determined by the courts. All fines shall be remitted to the department to be used for state-wide preservation, remediation or protection of archaeological sites. Further, restitution may be ordered to compensate the county or municipality for the cost of remediating any violation of this provision. The county or municipality shall consult with the department for proper remediation of effected lands. Any archaeological finding obtained as a result of violation of these provisions shall, upon recovery, be placed in the custody of the Department of Environmental Protection for appropriate disposition. The return of archeological findings to counties or municipalities shall be made upon verification of ownership by the department.

    5. This act shall take effect immediately.

STATEMENT

    This bill would prohibit altering, defacing, disturbing, destroying or removing archaeological findings from State parks, forest properties, wildlife management areas or reservoir lands, and lands owned by counties or municipalities, or any political subdivision thereof, without the permission of the Department of Environmental Protection, or the respective municipal or county administrative body.

    The bill would also prohibit the sale, transfer, exchange, transport, purchase or receipt of any archaeological finding without permission of the department, and would provide for: the confiscation of archaeological findings or artifacts obtained in violation of the act; the forfeiture of equipment and materials used in the pursuit of prohibited activities; and the imposition of penalties and restitution for any person who knowingly violates or solicits or employs others to violate the act. Such persons would be subject to the following penalties: a fine of not less than $750 or more than $1,500 for the first offense; a fine of not less than $1,500 or more than $3,000 for the second offense and a fine of not less than $3,000 or more than $5,000 for any subsequent offense.

    The bill would further require any archaeological finding obtained in State parks, forest properties, wildlife management areas or reservoir lands, and lands owned by counties or municipalities, or any political subdivision thereof, to be forfeited and returned to the State Department of Environmental Protection, which would adopt rules or regulations to ensure their appropriate disposition; or in the case of a county or municipality or subdivision thereof, findings would be placed in the custody of the department and returned to the appropriate party on verification of ownership.