HB1237ham004 104TH GENERAL ASSEMBLY

Rep. Maurice A. West, II

Filed: 4/8/2025

10400HB1237ham004 LRB104 06188 LNS 25167 a

AMENDMENT TO HOUSE BILL 1237

AMENDMENT NO. ______. Amend House Bill 1237, AS AMENDED, 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 (e).

(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, 2030 if the school selects or sets forth a reasonable timeline for the selection of a new school or athletic team name, logo, or mascot that does not violate the prohibition under subsection (b) through formal school board action no later than July 1, 2026. Except as provided in subsection (e), the school may not purchase, acquire, or use resources for uniforms or other materials that include or bear the prohibited school or athletic team name, logo, or mascot after the effective date of this amendatory Act of the 104th General Assembly.

(d) Except as provided in subsection (e), if a school facility, marquee, sign, or other permanent school structure bears the prohibited school or athletic team name, logo, or mascot, the school shall remove the prohibited name, logo, or mascot no later than the next time that part of the school facility, marquee, sign, or other permanent school structure where the name, logo, or mascot is located is remodeled or replaced in the normal course of maintenance. The school may not purchase or construct a school facility, marquee, sign, permanent school structure or other new or replacement fixture that includes or bears the prohibited school or athletic team name, logo, or mascot after the effective date of this amendatory Act of the 104th General Assembly.

(e) 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 the 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 may not offer or accept any money, consideration, or thing of value in exchange for the written consent. Nothing in this paragraph (3) prohibits a school district from reimbursing a member of a federally recognized tribe for the reasonable costs of travel expenses incurred for the purpose of providing meaningful educational programming or learning opportunities for the school district.

(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 consent, the school shall select a new school or athletic team name, logo, or mascot that does not violate the prohibition under subsection (b) through formal school board action no later than one year from the date of termination and shall discontinue its use of the native name, logo, or mascot no later than 3 years from the date of termination. If a school facility, marquee, sign, or other permanent school structure bears the prohibited school or athletic team name, logo, or mascot, the school shall remove the prohibited name, logo, or mascot no later than the next time that part of the school facility, marquee, sign, or other permanent school structure where the name, logo, or mascot is located is remodeled or replaced in the normal course of maintenance. The school may not purchase or construct a school facility, marquee, sign, permanent school structure, or other new or replacement fixture that includes or bears the prohibited school or athletic team name, logo, or mascot after the date of termination.

(f) Nothing in this Section may be interpreted to prohibit the use of native names as the name of a county, municipality, school district, or school.

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

(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, 2030 if the school selects or sets forth a reasonable timeline for the selection of a new school or athletic team name, logo, or mascot that does not violate the prohibition under subsection (b) through formal board action no later than July 1, 2026. Except as provided in subsection (e), the school may not purchase, acquire, or use resources for uniforms or other materials that include or bear the prohibited school or athletic team name, logo, or mascot after the effective date of this amendatory Act of the 104th General Assembly.

(d) Except as provided in subsection (e), if a school facility, marquee, sign, or other permanent school structure bears the prohibited school or athletic team name, logo, or mascot, the school shall remove the prohibited name, logo, or mascot no later than the next time that part of the school facility, marquee, sign, or other permanent school structure where the name, logo, or mascot is located is remodeled or replaced in the normal course of maintenance. The school may not purchase or construct a school facility, marquee, sign, permanent school structure or other new or replacement fixture that includes or bears the prohibited school or athletic team name, logo, or mascot after the effective date of this amendatory Act of the 104th General Assembly.

(e) 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 the 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 may not offer or accept any money, consideration, or thing of value in exchange for the written consent. Nothing in this paragraph (3) prohibits a school district from reimbursing a member of a federally recognized tribe for the reasonable costs of travel expenses incurred for the purpose of providing meaningful educational programming or learning opportunities for the school district.

(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 consent, the school shall select a new school or athletic team name, logo, or mascot that does not violate the prohibition under subsection (b) through formal board action no later than one year from the date of termination and shall discontinue its use of the native name, logo, or mascot no later than 3 years from the date of termination. If a school facility, marquee, sign, or other permanent school structure bears the prohibited school or athletic team name, logo, or mascot, the school shall remove the prohibited name, logo, or mascot no later than the next time that part of the school facility, marquee, sign, or other permanent school structure where the name, logo, or mascot is located is remodeled or replaced in the normal course of maintenance. The school may not purchase or construct a school facility, marquee, sign, permanent school structure, or other new or replacement fixture that includes or bears the prohibited school or athletic team name, logo, or mascot after the date of termination.

(f) Nothing in this Section may be interpreted to prohibit the use of native names as the name of a county, municipality, school district, or school.

Section 99. Effective date. This Act takes effect July 1, 2026.".