SB 273: "An Act relating to Native handicrafts and other articles made in the state."
00SENATE BILL NO. 273 01 "An Act relating to Native handicrafts and other articles made in the state." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 45.65 is amended by adding new sections to read: 04 Sec. 45.65.062. DISPLAY OF POSTER. (a) A person, except the person who 05 makes the handicraft, who sells or offers to sell at retail an authentic Native handicraft 06 shall display a poster that complies with (b) of this section in a prominent place on the 07 sales premises. 08 (b) The commissioner shall design and produce the poster required by (a) of 09 this section and make the poster available without charge to the persons required to 10 display the poster. The poster must be at least 11 inches by 17 inches in size and 11 contain 12 (1) the following text: "Buy smart. To be assured that you are buying 13 authentic Native handicrafts, look for the silver hand seal. The silver hand seal 14 guarantees you that the article on which it appears was handcrafted by an Alaska
01 Eskimo, Aleut, or Indian person. If an article does not display this seal, there is no 02 guarantee that it was made in Alaska by an Alaska Native. Ask for a certificate of 03 origin with the sale of every Native handicraft that has a retail fair market value of 04 $100 or more. Report complaints to the Department of Commerce and Economic 05 Development"; and the address and phone number of the department; 06 (2) a copy of the identification seal described in AS 45.65.030(a); and 07 (3) a copy of the seal of the state. 08 (c) A person who knowingly violates (a) of this section is guilty of a class B 09 misdemeanor. 10 (d) In (a) of this section, "sells or offers to sell" includes selling or offering 11 to sell at bazaars and trade shows. 12 Sec. 45.65.064. CERTIFICATES OF ORIGIN. (a) Unless the person made 13 the handicraft, a person may not sell at retail an authentic Native handicraft that has 14 a retail fair market value of $100 or more unless the seller provides the buyer with a 15 written certificate of origin that complies with (c) of this section. The certificate of 16 origin required by this section may be in any form as long as the information is 17 complete and legible. 18 (b) Unless the person made the handicraft, a person may not sell at wholesale 19 an authentic Native handicraft that has a retail fair market value of $100 or more 20 unless the seller provides the buyer with the information required by (c) of this section 21 on the invoice or on a separate sheet attached to the invoice. 22 (c) A certificate of origin must contain the following information: 23 (1) the business name and address of the seller; 24 (2) the legal name of the person who made the handicraft, and any 25 business or assumed names used by the person when producing or marketing the 26 handicraft; 27 (3) a statement that the person who made the handicraft is a Native 28 and that "Native" is defined in AS 45.65.070; 29 (4) a description of the handicraft, including the primary materials 30 used, and where the item was produced; 31 (5) a statement that all materials used to produce the handicraft are
01 legal for the buyer to possess in the United States; 02 (6) a statement that a completed copy of this certificate must be 03 provided with the sale of every authentic Native handicraft with a retail fair market 04 value of $100 or more; and 05 (7) the printed name of the seller and an original signature by the 06 seller. 07 (d) A person who knowingly violates this section is guilty of a class B 08 misdemeanor. 09 Sec. 45.65.066. ALTERATION OF ARTICLE ENTITLED TO A SEAL OR 10 EMBLEM. A person, other than the person who made the article, may not in the 11 course of the person's business add to, subtract from, or otherwise alter an article 12 entitled to a seal or emblem if the article has been signed by the maker or if an 13 identification seal or emblem has been attached to the article under AS 45.65.010. A 14 person who knowingly violates this section is guilty of a class B misdemeanor. 15 Sec. 45.65.068. REMOVAL OF IDENTIFICATION SEAL OR EMBLEM. 16 Unless the person made the article or purchased the article for the person's personal 17 use, a person may not remove an identification seal or emblem authorized under 18 AS 45.65.010 from an article entitled to a seal or emblem if the seal or emblem has 19 been placed on the article by the person who made the article. A person who 20 knowingly violates this section is guilty of a class B misdemeanor. 21 * Sec. 2. AS 45.65.070 is amended by adding new paragraphs to read: 22 (6) "article entitled to a seal or emblem" means an 23 (A) authentic Native handicraft; or 24 (B) article that is eligible for an emblem under 25 AS 45.65.010(b); 26 (7) "knowingly" has the meaning given in AS 11.81.900.