CSSB 273(L&C): "An Act relating to Native handicrafts and other articles made in the state."
00CS FOR SENATE BILL NO. 273(L&C) 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 45.50.471(b) is amended by adding a new paragraph to read: 04 (41) knowingly violating AS 45.65.062 - 45.65.068 (Native handicrafts 05 and other articles made in the state); in this paragraph, "knowingly" has the meaning 06 given in AS 11.81.900. 07 * Sec. 2. AS 45.65 is amended by adding new sections to read: 08 Sec. 45.65.062. DISPLAY OF POSTER. (a) A person, except the person who 09 makes the handicraft, who sells or offers to sell at retail in the course of business an 10 authentic Native handicraft shall display a poster that complies with (b) of this section 11 in a prominent place on the sales premises. 12 (b) The commissioner shall design and produce the poster required by (a) of 13 this section and make the poster available without charge to the persons required to 14 display the poster. The poster must be at least 11 inches by 17 inches in size and
01 contain 02 (1) the following text: "Buy smart. To be assured that you are buying 03 authentic Native handicrafts, look for the silver hand seal. The silver hand seal 04 guarantees you that the article on which it appears was handcrafted by an Alaska 05 Eskimo, Aleut, or Indian person. If an article does not display this seal, there is no 06 guarantee that it was made in Alaska by an Alaska Native. Ask for a certificate of 07 origin with the sale of every Native handicraft that has a price of $100 or more; the 08 certificate is required by AS 45.65.064. Report complaints to the Department of 09 Commerce and Economic Development"; and the address and phone number of the 10 department; 11 (2) a copy of the identification seal described in AS 45.65.030(a); and 12 (3) a copy of the seal of the state. 13 (c) In (a) of this section, "sells or offers to sell" includes selling or offering 14 to sell at bazaars and trade shows. 15 Sec. 45.65.064. CERTIFICATES OF ORIGIN. (a) A person who makes an 16 authentic Native handicraft may not sell the handicraft for $50 or more in the course 17 of business at retail or at wholesale unless the person provides the buyer with a written 18 certificate of origin that complies with (c) of this section. 19 (b) A person other than the person who made the handicraft may not sell an 20 authentic Native handicraft for $100 or more in the course of business at retail or at 21 wholesale unless the seller provides the buyer with a written certificate of origin that 22 complies with (c) of this section. 23 (c) The person who made the handicraft being sold under (a) - (b) of this 24 section shall prepare the required certificate of origin. The certificate of origin may 25 be in any form as long as the information is complete and legible, and must contain 26 an accurate statement of the following information: 27 (1) the legal name of the person who made the handicraft, and any 28 business or assumed names used by the person when producing or marketing the 29 handicraft; 30 (2) a statement that the person who made the handicraft is a Native 31 and that "Native" is defined in AS 45.65.070;
01 (3) a description of the handicraft, including the primary materials 02 used, and where the item was produced; 03 (4) a statement that all materials used to produce the handicraft are 04 legal for the buyer to possess in the United States; 05 (5) a statement that a completed copy of this certificate must be 06 provided with the sale of every authentic Native handicraft that is sold by the maker 07 of the handicraft for $50 or more, or that is sold by another person for $100 or more; 08 and 09 (6) the printed name and original signature of the person who made the 10 handicraft. 11 (d) A seller who is not the maker of the handicraft being sold is not 12 responsible for the accuracy of the contents of the certificate of origin provided under 13 this section. 14 Sec. 45.65.066. ALTERATION OF ARTICLE ENTITLED TO A SEAL OR 15 EMBLEM. A person, other than the person who made the article, may not in the 16 course of the person's business add to, subtract from, or otherwise alter an article 17 entitled to a seal or emblem if the article has been signed by the maker or if an 18 identification seal or emblem has been attached to the article under AS 45.65.010. 19 Sec. 45.65.068. REMOVAL OF IDENTIFICATION SEAL OR EMBLEM. 20 Unless the person made the article or purchased the article for the person's personal 21 use, a person may not remove an identification seal or emblem authorized under 22 AS 45.65.010 from an article entitled to a seal or emblem if the seal or emblem has 23 been placed on the article by the person who made the article. 24 * Sec. 3. AS 45.65.070 is amended by adding new paragraphs to read: 25 (6) "article entitled to a seal or emblem" means an 26 (A) authentic Native handicraft; or 27 (B) article that is eligible for an emblem under 28 AS 45.65.010(b); 29 (7) "knowingly" has the meaning given in AS 11.81.900.