A Senate committee unanimously approved a bill to clarify requirements for imitation Native American art Thursday.
Under state law, retailers must label items that are “similar to” a Native American art or craft, but not created by a Native American.
House Bill 1101 would change the statute to affect items purporting to be made by a Native American.
Freshman Rep. Tyler Tordsen, R- Sioux Falls, is the legislation’s prime sponsor and a member of the Sisseton-Wahpeton Sioux Tribe. He said the current language, passed during the 1960s, is difficult to enforce and creates ambiguous obligations for retailers.
“Since its creation and in our checking, there hasn’t been any record of this being enforced,” Tordsen told the Senate Commerce and Energy committee. “Essentially, it’s not doing anything except causing confusion at this point.”
The change was supported by Doug Abraham, a lobbyist for the South Dakota Retailers Association. Abraham thanked the bill’s sponsors for “working with” the organization on the legislation.
“The ‘purports to be’ language would require you to hold yourself out to be a Native American-manufactured art or craft,” he said. “We think this [bill] gives good direction to retailers.”
Tordsen noted the change could encourage more Native American artists to brand their items as genuine.
“That way, when customers or tourists in the market are faced with a knockoff product versus an authentically, locally made product, they’re going with that locally made product,” he said.
The bill was placed on the Senate’s consent calendar after passing unanimously, with one member excused. If passed, it will go to the governor to be signed into law.
Falsely representing an art or craft as produced by a Native American is also illegal federally under the Indian Arts and Crafts Act of 1990.
