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F I S C A L I M P A C T R E P O R T
SPONSOR Lundstrom
DATE TYPED 1/27/05
HB HJM02
SHORT TITLE Enforce Indian Arts Act of 1990
SB
ANALYST Weber
APPROPRIATION
Appropriation Contained Estimated Additional Impact Recurring
or Non-Rec
Fund
Affected
FY05
FY06
FY05
FY06
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
SUMMARY
The federal Indian Arts and Crafts Act of 1990 is a truth-in-advertising law that prohibits misrepresenta-
tion in marketing Indian arts and crafts products within the United States.
The law regulates the following:
Makes it is illegal to offer or display for sale or sell any art or craft product in a manner that
falsely suggests that it is Indian-produced, an Indian product or the product of a particular Indian,
an Indian tribe or an Indian arts and crafts organization;
For a first-time violation of the act, an individual may face a civil penalty or a criminal penalty
with a fine of up to two hundred fifty thousand dollars ($250,000) or a five-year prison term, or
both. Alternately for a first-time violation of the act, a business may face a civil penalty or be
prosecuted and fined up to one million dollars ($1,000,000), or both; and
Under the act, "Indian" is defined as a member of any federally or state-recognized Indian tribe or
an individual certified as an Indian artisan by an Indian tribe.
The act covers all Indian and Indian-style traditional and contemporary arts and crafts produced
after 1935.
The act requires that all products be marked truthfully regarding the Indian heritage and the tribal
affiliation of the producers, so as not to mislead a consumer.
Under the act it is illegal to market an art or craft item using the name of a tribe if a member or
certified Indian artisan of that tribe did not actually create the art or craft item; and
The United States attorney for the district of New Mexico has the necessary legal authority to prosecute a
violation of the act as with any consumer fraud complaint. The federal Indian arts and crafts board re-
ceives and refers valid complaints about violations of the act to the federal bureau of investigation for in-
pg_0002
House Joint Memorial 2 -- Page 2
quiry and to the federal department of justice for legal action;
NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW
MEXICO that the United States attorney for the district of New Mexico and the federal department
of justice be requested to enforce the provisions of the federal Indian Arts and Crafts Act of 1990.
BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the United States
attorney for the district of New Mexico, the United States attorney general, the New Mexico attor-
ney general, the New Mexico congressional delegation and New Mexico Indian tribal leaders.
MW/sb