HOUSE DOCKET, NO. 646        FILED ON: 1/26/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 581

The Commonwealth of Massachusetts

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PRESENTED BY:

Nika C. Elugardo and Tami L. Gouveia

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act prohibiting the use of Native American mascots by public schools in the Commonwealth.

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PETITION OF:

HOUSE DOCKET, NO. 646        FILED ON: 1/26/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 581

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 443 OF 2019-2020.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act prohibiting the use of Native American mascots by public schools in the Commonwealth.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 71 of the General Laws is hereby amended by adding after section 97 the following section:-

Section 98. (a) The board of elementary and secondary education shall promulgate regulations prohibiting public schools from using an athletic team name, logo, or mascot which names, refers to, represents, or is associated with Native Americans, including aspects of Native American cultures and specific Native American tribes. The board shall establish a date by which any school in violation of said regulations shall choose a new team name, logo, or mascot.

(b) Notwithstanding subsection (a), the regulations shall permit a public school to continue to use uniforms or other materials bearing their prohibited athletic team name, logo, or mascot that were purchased before a date prescribed by the board if all of the following requirements are met:

(1) The school selects a new school or athletic team name, logo, or mascot;

(2) The school refrains from purchasing or acquiring, 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;

(3) The school refrains from purchasing or acquiring, for the purpose of distribution or sale to pupils or school employees, any yearbook, newspaper, program, or other similar material that includes or bears the prohibited school or athletic team name, logo, or mascot in its logos or titles;

(4) 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 prohibited name, logo or mascot no later than the next time the associated part of the facility is replaced in the normal course of maintenance.

(c) This section shall not prohibit a Native American tribe, as identified by the commission on Indian affairs, located within the boundaries of the commonwealth, from choosing to use a Native-related name or logo for a sports team comprised of its tribal members, including a tribal school or intramural league, or from that tribal nation giving explicit consent for a school to use their particular tribal name.