HOUSE BILL 153
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Patricia A. Lundstrom
FOR THE INDIAN AFFAIRS COMMITTEE
AN ACT
RELATING TO TRADE PRACTICES; CREATING A VOLUNTARY CERTIFICATION MARK PROGRAM FOR INDIAN ARTS AND CRAFTS; CREATING AN ADVISORY BOARD; PROVIDING POWERS AND DUTIES; CREATING A FUND; PRESCRIBING PENALTIES; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 30-33-6 NMSA 1978 (being Laws 1959, Chapter 133, Section 4, as amended) is amended to read:
"30-33-6. INQUIRY AS TO PRODUCER--DUTY OF INQUIRY--ELECTION TO LABEL AUTHENTIC INDIAN ARTS AND CRAFTS.--
A. It is the duty of every person selling or offering for sale a product that is represented to be authentic Indian arts or crafts to make due inquiry of [his] suppliers concerning the true nature of the materials, product design and process of manufacture to determine whether the product may be lawfully represented as authentic Indian arts or crafts.
B. Each person may elect to label, affix a certification mark or otherwise clearly and conspicuously disclose as authentic Indian arts and crafts all articles that are authentic Indian arts and crafts in accordance with the Indian Arts and Crafts Sales Act and regulations adopted pursuant to that act.
C. Consistent with the purposes of the Indian Arts and Crafts Sales Act, regulations adopted under that act may specify designations other than "authentic Indian arts and crafts", including a designation such as "Indian crafted", for authorized labeling as Indian arts and crafts."
Section 2. A new section of the Indian Arts and Crafts Sales Act, Section 30-33-6.1 NMSA 1978, is enacted to read:
"30-33-6.1. [NEW MATERIAL] CERTIFICATION MARK PROGRAM--FEES.--
A. The cultural affairs department shall establish a certification mark program for authentic Indian arts and crafts created or sold in New Mexico and shall promulgate regulations establishing standards for products entitled to have affixed a certification mark. The certification mark program is a voluntary program through which a person may attach a certification mark to authentic Indian arts and crafts that satisfy specified design and production standards.
B. Persons applying for the right to participate in the certification mark program may be required to pay an application fee and an annual registration fee. The application fee shall not exceed two hundred fifty dollars ($250). The annual registration fee shall not exceed one hundred dollars ($100)."
Section 3. A new section of the Indian Arts and Crafts Sales Act, Section 30-33-6.2 NMSA 1978, is enacted to read:
"30-33-6.2. [NEW MATERIAL] INDIAN ARTS AND CRAFTS ADVISORY BOARD.--
A. The "Indian arts and crafts advisory board" is created to advise the cultural affairs department regarding the implementation of the certification mark program. Staff for the board shall be provided by the department.
B. The board consists of seven members as follows:
(1) an Indian qualified to determine the authenticity of jewelry or metalwork as being Indian handmade or Indian crafted;
(2) an Indian qualified to determine the authenticity of beadwork or quillwork as being Indian handmade or Indian crafted;
(3) an Indian qualified to determine the authenticity of pottery as being Indian handmade or Indian crafted;
(4) an Indian qualified to determine the authenticity of textiles or fiber arts as being Indian handmade or Indian crafted;
(5) an Indian qualified to determine the authenticity of basketry as being Indian handmade or Indian crafted;
(6) an Indian qualified to determine the authenticity of painting, drawing or other graphic arts as being Indian handmade or Indian crafted; and
(7) an Indian qualified to determine the authenticity of carving or sculpture as being Indian handmade or Indian crafted.
C. The secretary of cultural affairs may seek advice from other persons experienced in producing or determining the authenticity of authentic Indian arts and crafts as deemed necessary to determine appropriate standards for the certification mark program established pursuant to Section 30-33-6.1 NMSA 1978.
D. Members of the board shall be appointed by and serve at the pleasure of the governor.
E. The board shall annually elect a chair and other officers as it deems necessary. A simple majority of the board members currently serving constitutes a quorum.
F. The board shall hold at least one regular meeting each year and shall meet at such other times as deemed necessary by the chair, a majority of board members or the secretary of cultural affairs.
G. Members of the board are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance."
Section 4. A new section of the Indian Arts and Crafts Sales Act, Section 30-33-6.3 NMSA 1978, is enacted to read:
"30-33-6.3. [NEW MATERIAL] INDIAN ARTS AND CRAFTS FUND ESTABLISHED.--The "Indian arts and crafts fund" is created in the state treasury. The fund consists of money received by the cultural affairs department through the certification mark program, legislative appropriations to the fund, gifts, grants, donations and bequests. Money in the fund shall not revert to any other fund at the end of a fiscal year. The fund shall be administered by the cultural affairs department and money in the fund is appropriated to the cultural affairs department to implement the certification mark program. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the secretary of cultural affairs or the secretary's authorized representative."
Section 5. Section 30-33-7 NMSA 1978 (being Laws 1973, Chapter 163, Section 5, as amended) is amended to read:
"30-33-7. UNLAWFUL ACTS.--It is unlawful for any person to:
A. sell or offer for sale any products represented to be Indian handmade or authentic Indian arts and crafts unless such products are in fact Indian handmade or authentic Indian arts and crafts;
B. sell or offer for sale any products represented to be Indian crafted unless such products are in fact Indian crafted;
C. represent that any Indian arts and crafts product is made of a material, including natural material, unless it is made of that material;
D. fail to disclose in writing that any Indian arts and crafts product is made of treated material, reconstructed material or synthetic material;
E. solicit or buy for resale as authentic Indian arts and crafts any products that are known in fact not to be authentic; [or]
F. affix a certification mark to any products represented as authentic Indian arts and crafts that do not satisfy design and production standards established by the certification mark program of the cultural affairs department; or
[F.] G. prepare, disseminate or otherwise engage in any unfair or deceptive trade practice, including any false, misleading or deceptive advertising, or any unconscionable trade practice, regarding Indian arts or crafts. For the purpose of this subsection, "unfair or deceptive trade practice" and "unconscionable trade practice" mean "unfair or deceptive trade practice" and "unconscionable trade practice" as those terms are defined in Section 57-12-2 NMSA 1978."
Section 6. Section 30-33-11 NMSA 1978 (being Laws 1977, Chapter 334, Section 8, as amended) is amended to read:
"30-33-11. ADMINISTRATIVE REGULATIONS.--The attorney general, [and the New Mexico office of] the Indian affairs department and the cultural affairs department are authorized jointly to promulgate necessary regulations, pursuant to the Administrative Procedures Act, to further the purpose and implement the provisions of the Indian Arts and Crafts Sales Act."
Section 7. TEMPORARY PROVISION.--The cultural affairs department shall report to the appropriate interim legislative committee no later than October 1, 2007 on the status of implementation of a certification mark program.
Section 8. APPROPRIATION.--Three hundred thousand dollars ($300,000) is appropriated from the general fund to the cultural affairs department for expenditure in fiscal year 2008 and subsequent fiscal years to implement the certification mark program. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
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