Title
A LEGISLATIVE ACT RELATING TO NATIVE AMERICAN ARTS AND CRAFTS COMMERCE AND PROMOTING
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title:
This act shall be known as the “Cherokee Nation Arts and Crafts Act of 2007” and codified as Title ______ Section ______ of the Cherokee Nation Code Annotated.
Section 2. Purpose
The purpose of this Act is to establish guidelines for the promotion and sell of genuine Native American arts and crafts within the Cherokee Nation to provide penalties and to provide for the preservation of arts and crafts owned by the Cherokee Nation.
Section 3. Legislative History
Article VI Section 7 of the Cherokee Nation Constitution states: “The Council shall have the power to establish laws which it shall deem necessary and proper for the good of the Nation, which shall not be contrary to the provisions of this Constitution. The style of all bills shall be: “Be It Enacted By the Cherokee Nation”. The Style of all resolutions shall be “Be It Resolved By the Cherokee Nation”.
Section 4. Definitions
Arts and Crafts: Means any skill or activity of creative work of drawings, paintings, sculpture, music, writing, performing arts or other media designed to produce works of art.
Indian Artist: means an individual involved in the production of creative work including but not limited to drawing, painting, sculpture, music, writing, performing arts or other media designed to produce works of art who is a citizen of a federally recognized Indian tribe or Nation.
Section 5. Substantive Provisions
A. It is unlawful to offer or display for sale or sell any arts and crafts within the Cherokee Nation, in a manner that falsely suggest it is produced by an Indian Artist.
B. Individuals violating this Act shall be guilty of a crime with punishment of Imprisonment up to six (6) months in jail and/or a fine up to Five Thousand dollars ($5,000.00)
C. The Principal Chief of the Cherokee Nation shall within two (2) years from the passage of this Act provide a comprehensive inventory of every work of art and historically significant document owned by or in the possession of the Cherokee Nation, Cherokee Nation owned entities and Cherokee Nation Historical Society. Said inventory shall include but not be limited to, the name of the individual that produced or authored the document/item, contact information of the producer, location of the item, condition of item and an estimation of the value of the item. Further, the inventory shall include a plan to preserve and protect said items.
D. The Tribal Employment Rights Office (T.E.R.O.) shall have the duty to certify that arts and crafts promoted as Indian Artisan produced are genuine Indian Arts and Crafts as defined under this Act. The T.E.R.O. office, upon finding violations of this Act shall forward allegations to the Cherokee Marshall Service and the Office of the Attorney General.
Section 6. Provisions as cumulative
The provisions of this act shall be cumulative to existing law.
Section 7. Severability
The provisions of this act are severable and if any part of provision hereof shall be held void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this act.
Section 8. Effective Date
This act shall become effective sixty (60) days after its passage in accordance with the Cherokee Nation Constitution.