Bill Text: NY S01549 | 2021-2022 | General Assembly | Amended

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Bill Title: Prohibits public schools from using a native name, logo or mascot; permits the use of current materials and uniforms until September 1, 2024; provides an exemption for Native American tribes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-18 - PRINT NUMBER 1549E [S01549 Detail]

Download: New_York-2021-S01549-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1549--E

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 13, 2021
                                       ___________

        Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Education  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  committee  discharged,  bill amended, ordered
          reprinted as amended and recommitted to said  committee  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  recommitted  to the Committee on Education in
          accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee

        AN  ACT  to amend the education law, in relation to native names, logos,
          or mascots

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The education law is amended by adding a new section 319 to
     2  read as follows:
     3    §  319.  Native  mascots,  names or logos. 1. As used in this section,
     4  "native name, logo, or mascot" shall mean any person, animal  or  object
     5  used  to represent a school district which names, refers to, represents,
     6  or is associated with Native  Americans,  including  aspects  of  Native
     7  American cultures and specific Native American tribes.
     8    2. No public school shall use a native name, logo, or mascot.
     9    3.  Notwithstanding  this section, a public school may continue to use
    10  uniforms or other materials bearing a native name, logo, or mascot  that
    11  were  purchased  on  or  before the effective date of this section until
    12  September first, two  thousand  twenty-four  if  all  of  the  following
    13  requirements are met:
    14    (a)  The  school  selects a new school or athletic team name, logo, or
    15  mascot;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02998-18-2
        S. 1549--E                          2

     1    (b) The school refrains from purchasing, acquiring, or using resources
     2  for the purpose of distribution or sale to pupils or  school  employees,
     3  any  uniform that includes or bears their prohibited team name, logo, or
     4  mascot;
     5    (c) The school refrains from purchasing, acquiring, or using resources
     6  for  the  purpose of distribution or sale to pupils or school employees,
     7  any yearbook,  newspaper,  program,  or  other  tangible  material  that
     8  includes  or bears the prohibited school or athletic team name, logo, or
     9  mascot in its logos or titles;
    10    (d) The school refrains from purchasing  or  constructing  a  marquee,
    11  sign,  or  other  new  or replacement fixture that includes or bears the
    12  prohibited school or athletic team name, logo, or mascot. This paragraph
    13  applies to facilities that bear the prohibited school or  athletic  team
    14  name, logo, or mascot, in which case the school shall remove the prohib-
    15  ited  name,  logo  or  mascot no later than the next time the associated
    16  part of the facility is replaced in the normal course of maintenance.
    17    4. Nothing in this section shall be construed to prohibit a  federally
    18  recognized tribal nation or state recognized tribal nation from choosing
    19  to use a native name, logo, or mascot for a sports team comprised of its
    20  tribal members, including a tribal school or intramural league.
    21    5.  This  section  shall not apply where an agreement exists between a
    22  federally recognized tribal nation within the state of New York or a New
    23  York state recognized tribal nation and a public school. Such  agreement
    24  must  be  provided  in writing to the department within five days of the
    25  effective date of this section.   A public school  shall  not  offer  or
    26  accept  any  money, consideration or thing of value pursuant to any such
    27  agreement.  The tribal nation shall have the right and ability to revoke
    28  any such agreement at any time at its discretion.  If  an  agreement  is
    29  entered  into  pursuant  to this subdivision by either party, the public
    30  school shall have one year from the date of termination  to  discontinue
    31  its use of its native name, logo, or mascot.
    32    § 2. This act shall take effect immediately.