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SENATE JOINT MEMORIAL 71
48
TH LEGISLATURE
- STATE OF NEW MEXICO -
FIRST SESSION
, 2007
INTRODUCED BY
John Pinto
A JOINT MEMORIAL
REQUESTING THE CREATION OF A NATIVE AMERICAN ARTS AND CRAFTS
AUTHENTICITY TASK FORCE.
WHEREAS, the retail market for Native American arts and
crafts results in significant retail sales in New Mexico every
year; and
WHEREAS, the availability of authentic Native American
arts and crafts is a major draw for tourism in New Mexico; and
WHEREAS, the sale of authentic Native American arts and
crafts provides a significant source of income for many Native
American artisans residing in New Mexico; and
WHEREAS, there is an increasing amount of counterfeit,
non-Indian made arts and crafts that are being offered for sale
in New Mexico as authentic Native American arts and crafts; and
WHEREAS, many consumers do not have the expertise to
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distinguish between authentic and counterfeit Native American
arts and crafts; and
WHEREAS, the increasing availability of counterfeit Native
American arts and crafts threatens the confidence of consumers
in the integrity of the Native American arts and crafts market
in New Mexico; and
WHEREAS, providing education and outreach to consumers
about how to recognize authentic Native American arts and
crafts is an important and valuable method to protect and
support authentic Native American arts and crafts in this
state; and
WHEREAS, providing outreach and education to the mostly
rural and isolated Native American artisans about proposed
official steps to be taken to protect this culturally based
economy and involving them in the process of seeking
appropriate protection for this economy is valuable and
important; and
WHEREAS, the state Indian Arts and Crafts Sales Act
provides a theoretical framework for law enforcement officials
to protect the public and the Indian craftsperson under the
police powers of the state from false representation in the
sale, trade, purchase or offering for sale of Indian arts and
crafts, but the Indian Arts and Crafts Sales Act has been
rendered ineffective by a lack of resources for the
investigation and prosecution of alleged violations of that
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act; and
WHEREAS, the federal Indian Arts and Crafts Act provides a
theoretical framework for law enforcement officials to protect
Indian artists from unfair competition from counterfeiters and
to prevent consumers from unknowingly purchasing imitation
products, but few if any enforcement actions have been brought
pursuant to that act in New Mexico; and
WHEREAS, the cultural affairs department currently runs a
program in conjunction with the palace of the governors in
Santa Fe whereby Native Americans sell authentic Indian arts
and crafts on the portal of the palace of the governors; and
WHEREAS, the cultural affairs department has established a
program whereby consumers can be confident that Native American
arts and crafts purchased pursuant to the portal program of the
palace of the governors are authentic; and
WHEREAS, a significant sector of the economy of New Mexico
and the livelihood of hundreds of Native American artisans
residing in New Mexico are endangered unless consumers can be
assured that the Native American arts and crafts purchased in
New Mexico are authentic;
NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF NEW MEXICO that the governor be requested to appoint a
"Native American arts and crafts authenticity task force",
whose members shall include representatives from the cultural
affairs department, the economic development department, the
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Indian affairs department, Native American artisans and the
Native American arts and crafts industry; and
BE IT FURTHER RESOLVED that the governor be requested to
designate the cultural affairs department to provide
administrative support to the Native American arts and crafts
authenticity task force and that the task force be requested to
prepare a report to the governor and the legislature that
provides information about the nature and extent of the
production and sale of authentic and of counterfeit Native
American arts and crafts in New Mexico; and
BE IT FURTHER RESOLVED that the Native American arts and
crafts authenticity task force be requested to consider ways in
which the state Indian Arts and Crafts Sales Act and the
federal Indian Arts and Crafts Act might be better enforced in
New Mexico; and
BE IT FURTHER RESOLVED that the Native American arts and
crafts authenticity task force be requested to find
alternative ways in which consumers purchasing Native American
arts and crafts in New Mexico could be more confident that the
products they purchase are authentic; and
BE IT FURTHER RESOLVED that the Native American arts and
crafts authenticity task force present its report to the
governor and to the appropriate interim legislative committees
by October 1, 2007; and
BE IT FURTHER RESOLVED that copies of this memorial be
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.168877.1
transmitted to the governor, the secretary of cultural affairs,
the secretary of economic development and the secretary of
Indian affairs.
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