HOUSE BILL 92

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

James Roger Madalena

FOR THE INDIAN AFFAIRS COMMITTEE

AN ACT

RELATING TO BUSINESS; AMENDING THE INDIAN ARTS AND CRAFTS SALES ACT; INCREASING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 30-33-9 NMSA 1978 (being Laws 1977, Chapter 334, Section 6, as amended) is amended to read:

     "30-33-9. VIOLATION OF ACT--PENALTIES.--

          A. In an action brought by the attorney general or a district attorney for a violation under the provisions of the Indian Arts and Crafts Sales Act, the district court may order temporary or permanent injunctive relief. The district court shall order restitution and such other relief as may be necessary to redress injury to any person resulting from the violation.

          B. In any action brought under this section, 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 attorney general or district attorney, upon petition to the court, may recover, on behalf of the state of New Mexico, a civil penalty not to exceed [five hundred dollars ($500)] five thousand dollars ($5,000) per violation.

          C. 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 [two thousand five hundred dollars ($2,500)] two hundred fifty dollars ($250) and shall be punished by a fine of not less than one hundred dollars ($100) per violation per day, up to a maximum fine of five hundred dollars ($500), or by imprisonment in the county jail for a definite term not to exceed six months, or both.

          D. Any person willfully and knowingly violating the provisions of the Indian Arts and Crafts Sales Act is guilty of a misdemeanor when the violation involves property valued at or in excess of [two thousand five hundred dollars ($2,500) and less than twenty thousand ($20,000)] two hundred fifty dollars ($250) and not more than five hundred dollars ($500) and shall be punished by a fine of not less than one hundred dollars ($100) per violation per day, up to a maximum fine of one thousand dollars ($1,000), or by imprisonment in the county jail for not more than one year, or both.

          E. Any person willfully and knowingly violating the provisions of the Indian Arts and Crafts Sales Act is guilty of a fourth degree felony when the violation involves property valued [at or] in excess of [twenty thousand dollars ($20,000)] five hundred dollars ($500) and not more than two thousand five hundred dollars ($2,500) and shall be punished by a fine of not less than one hundred dollars ($100) per violation per day, up to a maximum fine of five thousand dollars ($5,000), or up to eighteen months imprisonment in the county jail, or both.

          F. Any person willfully and knowingly violating the provisions of the Indian Arts and Crafts Sales Act is guilty of a third degree felony when the violation involves property valued in excess of two thousand five hundred dollars ($2,500) and not more than twenty thousand dollars ($20,000) and shall be punished by a fine of not less than two hundred dollars ($200) per violation per day, up to a maximum fine of five thousand dollars ($5,000), or up to three years imprisonment, or both.

          G. Any person willfully and knowingly violating the provisions of the Indian Arts and Crafts Sales Act is guilty of a second degree felony when the violation involves property valued in excess of twenty thousand dollars ($20,000) and shall be punished by a fine of not less than five hundred dollars ($500) per violation per day, up to a maximum fine of ten thousand dollars ($10,000), or up to nine years imprisonment, or both."

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