HP0100
LD 118
Session - 126th Maine Legislature
C "A", Filing Number H-255, Sponsored by
LR 188
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

Sec. 1. 10 MRSA c. 228  is enacted to read:

CHAPTER 228

SALE OF INDIAN ARTS AND CRAFTS PRODUCTS

§ 1500-G Unlawful acts; deceptive trade practice

1 False representation of authentic Indian products.   A person may not offer or display for sale or sell a good in a manner that falsely suggests it is Indian-produced, an Indian product or the product of a particular Indian or Indian tribe or Indian arts and crafts organization in a manner that violates 25 United States Code, Section 305e.
2 Unfair trade practice.   A violation of this section constitutes an unfair or deceptive act or practice in violation of Title 5, chapter 10. An action brought under this chapter by the Office of the Attorney General may not preclude a person from bringing a civil action to obtain injunctive or equitable relief or damages under 25 United States Code, Section 305e.

SUMMARY

This amendment replaces the bill and establishes that a violation of the federal law pertaining to misrepresentation of Indian products is also a violation of the Maine Unfair Trade Practices Act, which is enforceable by the Office of the Attorney General. It also establishes that an action brought by the Office of the Attorney General to enforce these provisions does not prevent a person from bringing a civil action to obtain injunctive or equitable relief or damages under the Federal Indian Arts and Crafts Act of 1990.

FISCAL NOTE REQUIRED
(See attached)


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