SB 300: "An Act relating to Native handicrafts and other articles made in the state."
00 SENATE BILL NO. 300 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 (43) knowingly violating AS 45.65.062 - 45.65.068 (Native 05 handicrafts and other articles made in the state); in this paragraph, "knowingly" has 06 the meaning given in AS 11.81.900. 07 * Sec. 2. AS 45.65.020 is amended to read: 08 Sec. 45.65.020. Administration of chapter. (a) The commissioner of 09 community and economic development is responsible for the administration of the 10 provisions of AS 45.65.010 - 45.65.070 relating to the emblem that is authorized under 11 AS 45.65.010(b), including 12 (1) the supervision of the use of the emblem; 13 (2) subject to AS 45.65.030(c), the design, issuance, and control of 14 emblems; 15 (3) the issuance of permits to agents to issue permits to use the
01 emblems; and 02 (4) the enforcement of the provisions of AS 45.65.010 - 45.65.070 03 relating to [REGARDING] the emblem authorized under AS 45.65.010(b). 04 (b) The Alaska State Council on the Arts (AS 44.27.040) is responsible for the 05 administration of the provisions of AS 45.65.010 - 45.65.070 relating to the 06 identification seal for authentic Native handicrafts made in the state, including 07 (1) subject to AS 45.65.030(a), the design, method of affixing, 08 preparation, issuance, and control of identification seals; 09 (2) the issuance of permits to agents to distribute the seals; 10 (3) the supervision of the use of the seals; [AND] 11 (4) the design, production, and availability of a poster under 12 AS 45.65.062; 13 (5) the preparation and availability of a certificate of origin under 14 AS 45.65.064; and 15 (6) the enforcement of the provisions of AS 45.65.010 - 45.65.070 16 relating to [REGARDING] the identification seals. 17 * Sec. 3. AS 45.65 is amended by adding new sections to read: 18 Sec. 45.65.062. Display of poster. (a) A person, except the person who 19 makes the handicraft, who sells or offers to sell at retail in the course of business an 20 authentic Native handicraft shall display a poster that complies with (b) of this section 21 in a prominent place on the sales premises. 22 (b) The council shall design and produce the poster required by (a) of this 23 section and make the poster available without charge to the persons required to display 24 the poster. The poster must be at least 11 inches by 17 inches in size and contain 25 (1) the following text: "Buy smart. To be assured that you are buying 26 authentic Native handicrafts, look for the silver hand seal. The silver hand seal 27 guarantees you that the article on which it appears was handcrafted by an Alaska 28 Eskimo, Aleut, or Indian person. If an article does not display this seal, there is no 29 guarantee that it was made in Alaska by an Alaska Native. Ask for a certificate of 30 origin with the sale of every Native handicraft that has a price of $100 or more; the 31 certificate is required by AS 45.65.064. Report complaints to the Alaska State
01 Council on the Arts"; and the address and phone number of the council; 02 (2) a copy of the identification seal described in AS 45.65.030(a); and 03 (3) a copy of the seal of the state. 04 (c) In (a) of this section, "sells or offers to sell" includes selling or offering to 05 sell at bazaars and trade shows. 06 Sec. 45.65.064. Certificates of origin. (a) A person who makes an authentic 07 Native handicraft may not sell the handicraft for $100 or more in the course of 08 business at retail or at wholesale unless the person provides the buyer with a written 09 certificate of origin that complies with (c) of this section. 10 (b) A person other than the person who made the handicraft may not sell an 11 authentic Native handicraft for $100 or more in the course of business at retail or at 12 wholesale unless the seller provides the buyer with a written certificate of origin that 13 complies with (c) of this section. 14 (c) The council shall prepare a form for the certificate of origin required under 15 this section and make the form available without charge to persons required to provide 16 certificates of origin under (a) or (b) of this section. The certificate of origin must 17 (1) state that 18 (A) the person who made the handicraft is a Native and that 19 "Native" is defined in AS 45.65.070; 20 (B) all materials used to produce the handicraft are legal for the 21 buyer to possess in the United States; 22 (C) a completed copy of the certificate must be provided with 23 the sale of every authentic Native handicraft that is sold by the maker of the 24 handicraft for $100 or more, or that is sold by another person for $100 or more; 25 and 26 (2) provide 27 (A) the legal name of the person who made the handicraft, and 28 any business or assumed names used by the person when producing or 29 marketing the handicraft; 30 (B) a description of the handicraft, including the primary 31 materials used, and where the item was produced; and
01 (C) the printed name and original signature of the person who 02 made the handicraft. 03 (d) A completed certificate of origin must be legible and the information 04 provided must be accurate and complete. 05 (e) A seller who is not the maker of the handicraft being sold is not 06 responsible for the accuracy of the contents of the certificate of origin provided under 07 this section. 08 Sec. 45.65.066. Alteration of article entitled to a seal or emblem. A person, 09 other than the person who made the article, may not, in the course of the person's 10 business, add to, subtract from, or otherwise alter an article entitled to a seal or 11 emblem if the article has been signed by the maker or if an identification seal or 12 emblem has been attached to the article under AS 45.65.010. 13 Sec. 45.65.068. Removal of identification seal or emblem. Unless the 14 person made the article or purchased the article for the person's personal use, a person 15 may not remove an identification seal or emblem authorized under AS 45.65.010 from 16 an article entitled to a seal or emblem if the seal or emblem has been placed on the 17 article by the person who made the article. 18 * Sec. 4. AS 45.65.070 is amended by adding new paragraphs to read: 19 (6) "article entitled to a seal or emblem" means an 20 (A) authentic Native handicraft; or 21 (B) article that is eligible for an emblem under 22 AS 45.65.010(b); 23 (7) "knowingly" has the meaning given in AS 11.81.900.