HB1237ham002 104TH GENERAL ASSEMBLY

Rep. Maurice A. West, II

Filed: 3/20/2025

10400HB1237ham002 LRB104 06188 LNS 23843 a

AMENDMENT TO HOUSE BILL 1237

AMENDMENT NO. ______. Amend House Bill 1237 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by adding Sections 10-20.88 and 34-18.88 as follows:

(105 ILCS 5/10-20.88 new)

Sec. 10-20.88. Native name, logo, or mascot.

(a) As used in this Section, "native name, logo, or mascot" means the following:

(1) a team name, including:

(A) the name of a federally recognized tribe;

(B) a historical Native American person or tribal group; or

(C) Redskins, Braves, Chiefs, Chieftains, Tribe, Indians, or any synonymous term; or

(2) a logo or mascot depicting the following:

(A) Native Americans;

(B) a feathered headdress;

(C) a tomahawk;

(D) an arrowhead; or

(E) a spear, arrow, or other weapon if in combination with a feather or feathers.

(b) A school board shall prohibit a school from using a native name, logo, or mascot, except as provided in subsections (c) and (d).

(c) A 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 amendatory Act of the 104th General Assembly until September 1, 2028 if all the following requirements are met:

(1) The school selects a new school or athletic team name, logo, or mascot that does not violate the prohibition under subsection (b).

(2) 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 the prohibited school or athletic team name, logo, or mascot.

(3) 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 the logo or title of the yearbook, newspaper, program, or other tangible material.

(4) If a school facility bears the prohibited school or athletic team name, logo, or mascot, the school removes the prohibited name, logo, or mascot no later than the next time that part of the facility where the name, logo, or mascot is located is remodeled or replaced in the normal course of maintenance and 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.

(d) For any school whose team name is the name of a federally recognized tribe or historical Native American person, the school may continue to use its current team name and an agreed upon logo and mascot on and after the effective date of this amendatory Act of the 104th General Assembly if all of the following conditions are met:

(1) Written consent must be obtained from the elected legislative body of the same federally recognized tribe as the team name or the federally recognized tribe from which the historical Native American person was a member, indicating support for the name, logo, and mascot.

(2) The written consent shall include a description of the partnership with this federally recognized tribe to provide deep, meaningful, and substantive learning opportunities, as well as school policies that ensure blatant, stereotypical, Native American names, slurs, imagery, or caricatures or fake Native American behaviors are not allowed in learning environments.

(3) The school or its grantors, such as a booster club, parent-teacher organization, or local school council, do not offer or accept any money, consideration, or thing of value in exchange for the written consent.

(4) The written consent must be renewed every 5 years. The federally recognized tribe shall have the right and ability to revoke the written consent at any time at its discretion. If either party wishes to terminate the agreement, the school has one year from the date of termination to discontinue its use of the native name, logo, or mascot.

(e) Nothing in this Section may be interpreted to prohibit county, municipality, or school district names.

(105 ILCS 5/34-18.88 new)

Sec. 34-18.88. Native name, logo, or mascot.

(a) As used in this Section, "native name, logo, or mascot" means the following:

(1) a team name, including:

(A) the name of a federally recognized tribe;

(B) a historical Native American person or tribal group; or

(C) Redskins, Braves, Chiefs, Chieftains, Tribe, Indians, or any synonymous term; or

(2) a logo or mascot depicting the following:

(A) Native Americans;

(B) a feathered headdress;

(C) a tomahawk;

(D) an arrowhead; or

(E) a spear, arrow, or other weapon if in combination with a feather or feathers.

(b) The board shall prohibit a school from using a native name, logo, or mascot, except as provided in subsections (c) and (d).

(c) A 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 amendatory Act of the 104th General Assembly until September 1, 2028 if all the following requirements are met:

(1) The school selects a new school or athletic team name, logo, or mascot that does not violate the prohibition under subsection (b).

(2) 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 the prohibited school or athletic team name, logo, or mascot.

(3) 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 the logo or title of the yearbook, newspaper, program, or other tangible material.

(4) If a school facility bears the prohibited school or athletic team name, logo, or mascot, the school removes the prohibited name, logo, or mascot no later than the next time that part of the facility where the name, logo, or mascot is located is remodeled or replaced in the normal course of maintenance and 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.

(d) For any school whose team name is the name of a federally recognized tribe or historical Native American person, the school may continue to use its current team name and an agreed upon logo and mascot on and after the effective date of this amendatory Act of the 104th General Assembly if all of the following conditions are met:

(1) Written consent must be obtained from the elected legislative body of the same federally recognized tribe as the team name or the federally recognized tribe from which the historical Native American person was a member, indicating support for the name, logo, and mascot.

(2) The written consent shall include a description of the partnership with this federally recognized tribe to provide deep, meaningful, and substantive learning opportunities, as well as school policies that ensure blatant, stereotypical, Native American names, slurs, imagery, or caricatures or fake Native American behaviors are not allowed in learning environments.

(3) The school or its grantors, such as a booster club, parent-teacher organization, or local school council, do not offer or accept any money, consideration, or thing of value in exchange for the written consent.

(4) The written consent must be renewed every 5 years. The federally recognized tribe shall have the right and ability to revoke the written consent at any time at its discretion. If either party wishes to terminate the agreement, the school has one year from the date of termination to discontinue its use of the native name, logo, or mascot.

(e) Nothing in this Section may be interpreted to prohibit county, municipality, or school district names.".