NY State Senate Bill 2023-S4052

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to education
Feb 02, 2023	referred to education

co-Sponsors

2023-S4052 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §319, Ed L
Versions Introduced in 2021-2022 Legislative Session:: S1549

2023-S4052 (ACTIVE) - Summary

Prohibits public schools from using a native name, logo or mascot; permits the use of current materials and uniforms until September 1, 2026; provides an exemption for Native American tribes.

2023-S4052 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4052

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the education law, in relation to native names, logos,
or mascots

 
PURPOSE OR GENERAL IDEA OF BILL:

To bar public schools from using native mascots, names, or logos.

 
SUMMARY OF PROVISIONS:

Section 1 amends the education law by adding a new section 319 to ban
public schools from using native names, logos, or mascots. Schools will
be allowed to use uniforms and other materials bearing prohibited names,
logos, or mascots until September 1, 2026 provided that they meet
certain criteria. Nothing in this section shall be construed to prohibit
a federally recognized Native American tribe from using a native-related
name, logo, or mascot. Additionally, tribal nations may bless the use of
a specific native name, logo, or mascot provided the school submits an

agreement in writing within five days of the effective date of this act.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

There is a long and ugly history of schools, colleges, and professional
sports teams in the United States employing racist names, logos, and
mascots, including those that draw on stereotypes about Native Ameri-
cans. These images and names perpetuate harmful stereotypes about native
people and teach nonnative children that it is "acceptable to partic-
ipate in culturally abusive behavior," according to the American Psycho-
logical Association. Furthermore, the use of these mascots and names by
schools can create a hostile learning environment in schools for Native
American students.

Native people have been protesting these mascots and names for decades.
And some sports teams and schools have listened and changed their names
and mascots. In recent years, there has been growing awareness and
public pressure on teams that have been slow to change.  In 2005 the
NCAA banned the use of native mascots by teams in postseason appear-
ances, but did not bar schools from otherwise using those mascots or
names. In 2015, the apparel company Adidas announced that they would
provide free design resources and financial support to high schools who
wanted to change their logos or mascots to remove native imagery.
Following widespread protests over the murder of George Floyd, Nike
announced that it would stop selling any gear for Washingtons' Football
team until they changed their name. Shortly thereafter, under immense
public pressure, the Washington Football Team decided to change their
name. They had used a racial slur for 87 years.

Despite public and financial pressure, there remain professional sports
teams and schools that use racist names and mascots. It is clear that
legislative action is needed to fully eradicate the use of these names,
and mascots.


This bill would bar New York Public Schools from:using native mascots,
logos, or names. Schools would be allowed to use existing uniforms or
other materials bearing prohibited logos, mascots, or names until
September 1, 2026 provided that they select a new name and imagery, do
not sell or distribute any equipment or newspaper, yearbook, etc.  bear-
ing the prohibited logo, mascot, or name, or construct any new signs,
marquees, etc. bearing the prohibited logo, mascot, or name.  Addi-
tionally, there is limited language allowing a tribal nation to bless
the use of a specific name, logo, or mascot by a school.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S1549 / A5443

 
FISCAL IMPLICATIONS:

None to the state

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4052 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4052
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 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:

   Section 1. The education law is amended by adding a new section 319 to
 read as follows:
   §  319.  NATIVE  MASCOTS,  NAMES OR LOGOS. 1. AS USED IN THIS SECTION,
 "NATIVE NAME, LOGO, OR MASCOT" SHALL MEAN ANY PERSON, ANIMAL  OR  OBJECT
 USED  TO REPRESENT A SCHOOL DISTRICT WHICH NAMES, REFERS TO, REPRESENTS,
 OR IS ASSOCIATED WITH NATIVE  AMERICANS,  INCLUDING  ASPECTS  OF  NATIVE
 AMERICAN CULTURES AND SPECIFIC NATIVE AMERICAN TRIBES.
   2. NO PUBLIC SCHOOL SHALL USE A NATIVE NAME, LOGO, OR MASCOT.
   3.  NOTWITHSTANDING  THIS SECTION, A PUBLIC SCHOOL MAY CONTINUE TO USE
 UNIFORMS OR OTHER MATERIALS BEARING A NATIVE NAME, LOGO, OR MASCOT  THAT
 WERE  PURCHASED  ON  OR  BEFORE THE EFFECTIVE DATE OF THIS SECTION UNTIL
 SEPTEMBER FIRST,  TWO  THOUSAND  TWENTY-SIX  IF  ALL  OF  THE  FOLLOWING
 REQUIREMENTS ARE MET:
   (A)  THE  SCHOOL  SELECTS A NEW SCHOOL OR ATHLETIC TEAM NAME, LOGO, OR
 MASCOT;
   (B) THE SCHOOL REFRAINS FROM PURCHASING, ACQUIRING, OR USING RESOURCES
 FOR THE PURPOSE OF DISTRIBUTION OR SALE TO PUPILS OR  SCHOOL  EMPLOYEES,
 ANY  UNIFORM THAT INCLUDES OR BEARS THEIR PROHIBITED TEAM NAME, LOGO, OR
 MASCOT;
   (C) THE SCHOOL REFRAINS FROM PURCHASING, ACQUIRING, OR USING RESOURCES
 FOR THE PURPOSE OF DISTRIBUTION OR SALE TO PUPILS OR  SCHOOL  EMPLOYEES,
 ANY  YEARBOOK,  NEWSPAPER,  PROGRAM,  OR  OTHER  TANGIBLE  MATERIAL THAT
 INCLUDES OR BEARS THE PROHIBITED SCHOOL OR ATHLETIC TEAM NAME, LOGO,  OR
 MASCOT IN ITS LOGOS OR TITLES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08343-01-3
 S. 4052                             2

 
   (D)  THE  SCHOOL  REFRAINS  FROM PURCHASING OR CONSTRUCTING A MARQUEE,
 SIGN, OR OTHER NEW OR REPLACEMENT FIXTURE THAT  INCLUDES  OR  BEARS  THE
 PROHIBITED SCHOOL OR ATHLETIC TEAM NAME, LOGO, OR MASCOT. THIS PARAGRAPH
 APPLIES  TO  FACILITIES THAT BEAR THE PROHIBITED SCHOOL OR ATHLETIC TEAM
 NAME, LOGO, OR MASCOT, IN WHICH CASE THE SCHOOL SHALL REMOVE THE PROHIB-
 ITED  NAME,  LOGO  OR  MASCOT NO LATER THAN THE NEXT TIME THE ASSOCIATED
 PART OF THE FACILITY IS REPLACED IN THE NORMAL COURSE OF MAINTENANCE.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A  FEDERALLY
 RECOGNIZED TRIBAL NATION OR STATE RECOGNIZED TRIBAL NATION FROM CHOOSING
 TO USE A NATIVE NAME, LOGO, OR MASCOT FOR A SPORTS TEAM COMPRISED OF ITS
 TRIBAL MEMBERS, INCLUDING A TRIBAL SCHOOL OR INTRAMURAL LEAGUE.
   5.  THIS  SECTION  SHALL NOT APPLY WHERE AN AGREEMENT EXISTS BETWEEN A
 FEDERALLY RECOGNIZED TRIBAL NATION WITHIN THE STATE OF NEW YORK OR A NEW
 YORK STATE RECOGNIZED TRIBAL NATION AND A PUBLIC SCHOOL. SUCH  AGREEMENT
 MUST  BE  PROVIDED  IN WRITING TO THE DEPARTMENT WITHIN FIVE DAYS OF THE
 EFFECTIVE DATE OF THIS SECTION.   A PUBLIC SCHOOL  SHALL  NOT  OFFER  OR
 ACCEPT  ANY  MONEY, CONSIDERATION OR THING OF VALUE PURSUANT TO ANY SUCH
 AGREEMENT.  THE TRIBAL NATION SHALL HAVE THE RIGHT AND ABILITY TO REVOKE
 ANY SUCH AGREEMENT AT ANY TIME AT ITS DISCRETION.  IF  AN  AGREEMENT  IS
 ENTERED  INTO  PURSUANT  TO THIS SUBDIVISION BY EITHER PARTY, THE PUBLIC
 SCHOOL SHALL HAVE ONE YEAR FROM THE DATE OF TERMINATION  TO  DISCONTINUE
 ITS USE OF ITS NATIVE NAME, LOGO, OR MASCOT.
   § 2. This act shall take effect immediately.

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Senate Bill S4052

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

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co-Sponsors

2023-S4052 (ACTIVE) - Details

2023-S4052 (ACTIVE) - Summary

2023-S4052 (ACTIVE) - Sponsor Memo

2023-S4052 (ACTIVE) - Bill Text download pdf

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Sponsored By

Nathalia Fernandez

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

co-Sponsors

Julia Salazar

2023-S4052 (ACTIVE) - Details

2023-S4052 (ACTIVE) - Summary

2023-S4052 (ACTIVE) - Sponsor Memo

2023-S4052 (ACTIVE) - Bill Text download pdf

Comments