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A05443 Summary:

BILL NOA05443E
 
SAME ASSAME AS S01549-E
 
SPONSORBichotte Hermelyn
 
COSPNSRCarroll
 
MLTSPNSR
 
Add §319, Ed L
 
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.
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A05443 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5443--E
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 16, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  BICHOTTE HERMELYN,  CARROLL -- read once and
          referred to the Committee on Education -- committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- again reported from said  committee  with  amendments,  ordered
          reprinted  as  amended  and  recommitted  to  said  committee -- again
          reported from said committee with  amendments,  ordered  reprinted  as
          amended  and  recommitted  to  said  committee  --  recommitted to the
          Committee on Education in accordance with Assembly Rule 3, sec.  2  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- again reported  from  said  committee
          with  amendments, 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.
                                                                   LBD02998-19-2

        A. 5443--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.
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