SENATE DOCKET, NO. 417        FILED ON: 1/29/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 294

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Joanne M. Comerford

_________________

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.

_______________

PETITION OF:

 

Name:

District/Address:

 

Joanne M. Comerford

Hampshire, Franklin and Worcester

 

Jack Patrick Lewis

7th Middlesex

2/8/2021

Sonia Chang-Diaz

Second Suffolk

2/8/2021

Adam G. Hinds

Berkshire, Hampshire, Franklin and Hampden

2/9/2021

Rebecca L. Rausch

Norfolk, Bristol and Middlesex

2/9/2021

Sal N. DiDomenico

Middlesex and Suffolk

2/9/2021

Jason M. Lewis

Fifth Middlesex

2/10/2021

James B. Eldridge

Middlesex and Worcester

2/16/2021

Michael J. Barrett

Third Middlesex

2/22/2021

Mindy Domb

3rd Hampshire

2/23/2021

Christina A. Minicucci

14th Essex

2/24/2021

David Henry Argosky LeBoeuf

17th Worcester

2/26/2021

Antonio F. D. Cabral

13th Bristol

2/26/2021

Erika Uyterhoeven

27th Middlesex

2/26/2021

John F. Keenan

Norfolk and Plymouth

2/26/2021

Patricia D. Jehlen

Second Middlesex

3/1/2021

Kay Khan

11th Middlesex

3/1/2021

Thomas M. Stanley

9th Middlesex

3/2/2021

Daniel R. Carey

2nd Hampshire

3/5/2021

Julian Cyr

Cape and Islands

3/5/2021

Elizabeth A. Malia

11th Suffolk

3/15/2021

Carmine Lawrence Gentile

13th Middlesex

3/15/2021

Mary S. Keefe

15th Worcester

3/21/2021

Patrick M. O'Connor

Plymouth and Norfolk

3/29/2021

Kevin G. Honan

17th Suffolk

3/30/2021


SENATE DOCKET, NO. 417        FILED ON: 1/29/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 294

By Ms. Comerford, a petition (accompanied by bill, Senate, No. 294) of Joanne M. Comerford, Jack Patrick Lewis, Sonia Chang-Diaz, Adam G. Hinds and other members of the General Court for legislation to prohibit  the use of Native American mascots by public schools in the Commonwealth.  Education.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 247 OF 2019-2020.]

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

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.