BILL NUMBER: S6436
SPONSOR: JACKSON
 
TITLE OF BILL:
An act to amend the arts and cultural affairs law, the cannabis law, the
economic development law, the correction law, the education law, the
environmental conservation law, the executive law, the public authori-
ties law, the transportation law, the facilities development corporation
act, the New York state medical care facilities finance agency act and
the New York state urban development corporation act, in relation to
replacing instances of the words or variations of the words American
Indian with the words Indigenous peoples or a variation thereof
 
PURPOSE:
The purpose of this legislation is to replace "American Indian" and its
variations with the culturally and geographically correct term "Indige-
nous peoples."
 
SUMMARY OF PROVISIONS:
Section 1 amends subparagraph (i) of paragraph (c) of subdivision 12 of
Section 3.07 of the Arts and Cultural Affairs Law to change "American
Indian" to "Indigenous peoples."
Section 2 amends subparagraph (ii) of paragraph (b) of subdivision 5 of
Section 87 of the Cannabis Law to change "Indian" to "Indigenous."
Section 3 amends subdivision 3 and paragraphs (b) and (d) of subdivision
4 of Section 210 of the Economic Development Law to change "American
Indian" to "Indigenous peoples" and "Indian" to "Indigenous."
Section 4 amends subdivision 1 of Section 29 of the Correction Law to
change "American Indian" to "Indigenous peoples."
Section 5 amends paragraph a of subdivision 2 of section 341-A of the
Education Law to change "American Indian" to "Indigenous peoples."
Section 6 amends paragraph a of subdivision 1 of Section 52-0113 of the
Environmental Conservation Law to change "American Indian" to "Indige-
nous peoples."
Section 7 Executiveamends paragraph (b) of subdivision 8 of Section 310
of the Law to change "Indian" to "Indigenous.
Section 8 Executiveamends paragraph (b) of subdivision 6 of Section 821
of the Law to change "Indian" to "Indigenous
Section 9 amends subdivision 3 of Section 1020-V of the Public Authori-
ties Law to change "American Indian" to "Indigenous peoples."
Section 10 amends subdivision 3 of Section 1045-X of the Public Authori-
ties Law to change "American Indian" to "Indigenous peoples."
Section 11 amends subdivision 3 of Section 1048-X of the Public Authori-
ties Law to change "American Indian" to "Indigenous peoples."
Section 12 amends subdivision 3 of Section 1115-X of the Public Authori-
ties Law to change "American Indian" to "Indigenous peoples."
Section 13 amends subdivision 3 of Section 1197-Q of the Public Authori-
ties Law to change "American Indian" to "Indigenous peoples."
Section 14 amends subdivision 3 of Section 1199-V of the Public Authori-
ties Law to change "American Indian" to "Indigenous peoples."
Section 15 amends subparagraph (i) of paragraph (a) of subdivision 14 of
Section 1266-C of the Public Authorities Law to change "American Indian"
to "Indigenous peoples."
Section 16 amends Section 1974-D of the Public Authorities Law to change
"American Indian" to "Indigenous peoples."
Section 17 amends subdivision 3 of Section 2050-V of the Public Authori-
ties Law to change "American Indian" to "Indigenous peoples."
Section 18 amends subdivision 4 of Section 2799-GGGG of the Public
Authorities Law to change "American Indian" to "Indigenous peoples."
Section 19 amends subparagraph (ii) of paragraph (d) of subdivision 3 of
Section 2879 of the Public Authorities Law to change "Indian" to
"Indigenous."
Section 20 amends paragraph a of subdivision 2 of Section 428 of the
Transportation Law to change "American Indian" to "Indigenous peoples."
Section 21 amends paragraph (a) of subdivision 1 of section 9-b of
Section 1 of the Facilities Development Corporation Act to change "Amer-
ican Indian" to "Indigenous peoples."
Section 22 amends paragraph a of subdivision 1 of section 16-b of
Section 1 of the New York State Medical Care Facilities Finance Agency
Act to change "American Indian" to "Indigenous peoples."
Section 23 amends paragraphs (b) and (d) of subdivision 19 of section 3
of Section 1 of the New York State Urban Development Corporation Act to
change "American Indian" to "Indigenous peoples" and "Indian" to
"Indigenous."
Section 24 is the effective date.
 
JUSTIFICATION:
Words matter. As powerful tools that convey meaning and intent, words
have the full force and effect of law. The improper term "American Indi-
an" to refer to persons of indigenous descent holds xenophobic impli-
cations. These individuals are descendants of persons native to the
American continent who did not arrive from colonial European empires,
Asia, Africa, India, or any other continent. The continued use of "Amer-
ican Indian" and its variations perpetuates the racist stereotype that
Indigenous persons are foreign rather than native to the American conti-
nent. If our society wants to evolve, we must use the correct terminol-
ogy to reference and honor Indigenous American peoples.
 
LEGISLATIVE HISTORY:
2023-2024: S.5631 - Referred to Cultural Affairs, Tourism, Parks and
Recreation
2021-2022: S.7274 - Referred to Cultural Affairs, Tourism, Parks and
Recreation
 
STATE AND LOCAL FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, that the
amendments to subdivision 8 of Section 310 of the Executive Law made by
section 7 of this act shall not affect the repeal of such section and
shall be deemed repealed therewith; provided further that the amendments
to subdivision 6 of Section 821 of the Executive Law made by section 8
of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.

Statutes affected:
S6436: 3.07 arts and cultural affairs law, 3.07(12) arts and cultural affairs law, 87 cannabis law, 87(5) cannabis law, 29 correction law, 29(1) correction law, 341-a education law, 341-a(2) education law, 52-0113 environmental conservation law, 52-0113(1) environmental conservation law, 310 executive law, 310(8) executive law, 1020-v public authorities law, 1020-v(3) public authorities law, 1045-x public authorities law, 1045-x(3) public authorities law, 1048-x public authorities law, 1048-x(3) public authorities law, 1115-x public authorities law, 1115-x(3) public authorities law, 1197-q public authorities law, 1197-q(3) public authorities law, 1199-v public authorities law, 1199-v(3) public authorities law, 1266-c public authorities law, 1266-c(14) public authorities law, 1974-d public authorities law, 2050-v public authorities law, 2050-v(3) public authorities law, 2799-gggg public authorities law, 2799-gggg(4) public authorities law, 2879 public authorities law, 2879(3) public authorities law