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F I S C A L I M P A C T R E P O R T

SPONSOR Rainaldi

DATE TYPED 2/23/05

HB

SHORT TITLE Amend Indian Arts & Crafts Sales Act

SB 1023

ANALYST Wilson

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

Minimal

SOURCES OF INFORMATION

LFC Files

SUMMARY

Synopsis of Bill

Senate Bill 1023 amends the Indian Arts and Crafts Sales Act. By making it a requirement of

each person involved with commercial transactions with any Indian style article to clearly and

conspicuously label each and all such articles as not authentic Indian arts and crafts.

This bill extends the enforcement jurisdiction of either the attorney general or a district attorney

to both civil and criminal proceedings.

If the court finds that a person is willfully using or has willfully used a method, act or practice

declared unlawful by the Indian Arts and Crafts Sales Act, the civil penalty is raised from not to

exceed $5 hundred to not to exceed $5 thousand.

Any person willfully and knowingly violating the provisions of the Indian Arts and Crafts Sales

Act is guilty of:

•

A petty misdemeanor when the violation involves property valued at less than $1 hundred

instead of the previous $2.5 thousand

•

A misdemeanor when the violation involves property valued at or in excess of $1 hun-

dred instead of the previous $2.5 thousand.

Senate Bill 1023 -- Page 2

•

A fourth degree felony when the violation involves property valued at or in excess of

$2.5 hundred and less than $2.5 thousand instead of the previous requirement of property

valued in excess of $20 thousand.

•

A third degree felony when the violation involves property valued at or in excess of $2.5

thousand and less than $20 thousand.

•

A second degree felony when the violation involves property valued at or in excess of

$20 thousand. Anyone found guilty of this crime shall be punished by a fine of not less

than $5 hundred per violation per day, up to a maximum fine of $10 thousand or up to

nine years in prison.

The bill also clarifies and strengthens private right of action damages.

Significant Issues

This bill strengthens the Indian Arts and Crafts Act by providing increasing penalties and clarify-

ing definitions of violations. The bill lowers the amount required to permit the attorney general

or a local district attorney to begin prosecution.

FISCAL IMPLICATIONS

There will be a cost for statewide update, distribution, and documentation of statutory changes.

Any additional fiscal impact on the judiciary would be proportional to the enforcement of this

law and commenced proceedings. New laws, amendments to existing laws, and new hearings

have the potential to increase caseloads in the courts, thus requiring additional resources to han-

dle the increase.

ADMINISTRATIVE IMPLICATIONS

This bill will increase the workloads of the public defenders and the district attorneys as well as

law enforcement and judicial personnel.

DW/lg