South Dakota 2023 Regular Session

South Dakota House Bill HB1101

Introduced
1/20/23  
Refer
1/20/23  
Report Pass
1/25/23  
Engrossed
1/30/23  
Refer
1/31/23  
Report Pass
2/9/23  
Enrolled
2/14/23  

Caption

Ensure the proper labeling of American Indian arts and crafts.

Impact

The introduction of HB1101 is expected to have significant implications for state laws regarding the sale of arts and crafts within South Dakota. By formalizing the labeling process, the bill seeks to safeguard the reputation and economic well-being of genuine American Indian artisans. This measure also acknowledges the importance of culturally significant crafts as a means of livelihood for many Native American communities, emphasizing respect for their cultural artifacts. The enforcement of this law is expected to deter fraudulent sales practices and promote awareness of authentic indigenous artistry.

Summary

House Bill 1101 is aimed at ensuring that American Indian arts and crafts are properly labeled to prevent misrepresentation in the marketplace. The bill stipulates that it is a Class 2 misdemeanor for any individual to distribute or sell items claimed to be American Indian arts and crafts if they were not made by an American Indian. To abide by this requirement, these items must be accompanied by a clear sign indicating their true origin. This legislation intends to protect the cultural integrity of American Indian artisans and provide transparency for consumers regarding the authenticity of such products.

Sentiment

The sentiment surrounding HB1101 appears to be overwhelmingly positive. Supporters, including various advocacy groups for Native American rights, view this bill as a crucial step towards upholding cultural respect and integrity in the arts and crafts market. By providing legal protections for authentic American Indian products, the bill is seen as a means to empower local artisans and safeguard their heritage from exploitation. There is a collective acknowledgment of the need for clear standards in labeling to avoid deception, which contributes to a positive legislative atmosphere for the bill.

Contention

Despite the general support for HB1101, some concerns were raised regarding the practical implications of enforcement and the potential burden it may place on small business owners who sell arts and crafts. Critics have argued that while the intention to protect American Indian artisans is commendable, the bill could create challenges for non-Native artists who wish to sell similar crafts without clear guidelines on how to navigate the labeling process. The balance between protecting cultural integrity and allowing artistic expression by diverse creators is a point of contention that may lead to further discussions as the bill moves forward.

Companion Bills

No companion bills found.

Previously Filed As

SD SJR69

UPHOLDING THE LANGUAGE OF THE FEDERAL INDIAN ARTS AND CRAFTS ACT IN REGARD TO STATE RECOGNIZED INDIAN TRIBES.

SD SB34

Authorize the sale of real property in Lake County by the Board of Regents, and to declare an emergency.

SD HB2134

American Indians, Va. recognized tribes, and federally recognized tribes; definitions, sovereignty.

SD SB949

American Indians, Va. recognized tribes, and federally recognized tribes; definitions, sovereignty.

SD HB1195

Direct the Indian Education Advisory Council to make an annual report to the Governor and the State-Tribal Relations Committee.

SD HB1175

Update references to the Governor, lieutenant governor, and other persons.

SD S0020

Native American

SD H0745

Tax Exemption on Sales of Indigenous Arts and Crafts

SD HB390

Revising the membership and structure of the New Hampshire commission on Native American affairs.

SD HB1115

Allow succession to real property by an affidavit.

Similar Bills

No similar bills found.