pg_0001

.165888.1

HOUSE JOINT MEMORIAL 62

TH LEGISLATURE

- STATE OF NEW MEXICO -

FIRST SESSION

, 2007

INTRODUCED BY

Patricia A. Lundstrom

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

pg_0002

.165888.1

- 2 -

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

pg_0003

.165888.1

- 3 -

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

pg_0004

.165888.1

- 4 -

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

pg_0005

.165888.1

transmitted to the governor, the secretary of cultural affairs,

the secretary of economic development and the secretary of

Indian affairs.

- 5 -