An Act to prohibit school districts from using school or athletic team names, mascots, or nicknames that are determined to be racially derogatory or discriminatory.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

13-66-1. Team names--Race--Prohibition.

The use of racially derogatory or discriminatory school or athletic team names, mascots, nicknames, logos, imagery, or celebrations depicting Native Americans and Native American culture is prohibited in any public school district. The prohibition includes names that are racially, ethnically, or religiously offensive.

Section 2. That a NEW SECTION be added:

13-66-2. Team names--Exemptions.

The provisions of this chapter do not apply to any public school district that:

(1) Is located on or near an Indian reservation;

(2) Serves serves a student population of which at least fifty percent is comprised of Native American students; and

(3) Obtains the written permission of the government of the federally recognized tribe with tribal land closest to the school district to use the school or athletic team name, mascot, nickname, logo, imagery, or celebration depicting Native Americans and Native American culture.

Section 3. That a NEW SECTION be added:

13-66-3. School names--Native American culture--Discontinuance.

Any public school district using a school or athletic team name, mascot, nickname, logo, imagery, or celebration depicting Native Americans and Native American culture prohibited in § 13-66-1 shall discontinue its use.

Section 4. That a NEW SECTION be added:

13-66-4. School uniforms and materials--Race--Discontinuance schedule.

Notwithstanding the provisions of § 13-66-3, a public school district may continue to use uniforms or other materials bearing the racially derogatory or discriminatory term or imagery that were purchased prior to the effective date of this chapter for a period of no longer than five years if the public school district meets the following requirements:

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

(2) The school refrains from purchasing or acquiring, for the purpose of distribution or sale to students or school employees, any uniform that includes or bears the racially derogatory or discriminatory term or imagery;

(3) The school refrains from purchasing or acquiring, for the purpose of distribution or sale to students or school employees, any yearbook, newspaper, program, or other similar material that includes or bears the racially derogatory or discriminatory term or imagery in its logo or cover title; and

(4) The school refrains from purchasing or constructing a marquee, sign, or other new or replacement fixture that includes or bears the racially derogatory or discriminatory term or imagery, and for any existing facility which bears the racially derogatory or discriminatory term or imagery, the school removes the prohibited name or imagery no later than the next time the associated part of the facility is replaced in the normal course of maintenance, or within five years, whichever comes first.