Bill Text: PA HB694 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for the English language as the official language of the Commonwealth.

Spectrum: Moderate Partisan Bill (Republican 44-9)

Status: (Introduced - Dead) 2009-03-03 - Referred to STATE GOVERNMENT [HB694 Detail]

Download: Pennsylvania-2009-HB694-Introduced.html

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PRINTER'S NO. 767
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 694 Session of2009
INTRODUCED BY SWANGER, ARGALL, BAKER, BARRAR, BOYD, CLYMER, CREIGHTON, CUTLER, DENLINGER, ELLIS, EVERETT, FAIRCHILD, FLECK, GEIST, GIBBONS, GOODMAN, GROVE, HALUSKA, HARRIS, HELM, HESS, HICKERNELL, HORNAMAN, HUTCHINSON, KAUFFMAN, M. KELLER, KIRKLAND, KORTZ, MAJOR, MARSHALL, MARSICO, METCALFE, MILLER, MOUL, MURT, MUSTIO, O'NEILL, PAYNE, PERRY, RAPP, READSHAW, REICHLEY, ROAE, ROHRER, SOLOBAY, STERN, STEVENSON, TALLMAN, VULAKOVICH AND WANSACZ, MARCH 3, 2009
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 3, 2009
AN ACT
Providing for the English language as the official language of
the Commonwealth.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Pennsylvania
Official Language Act.
Section 2. Legislative findings.
The General Assembly finds and declares as follows:
(1) The people of the United States have brought to this
nation the cultural heritage of many nations.
(2) The people of the United States, despite their many
differences, have lived together harmoniously and
productively as citizens of one nation.
(3) The traditional and common language of the United
States and of this Commonwealth is English.
(4) A knowledge of the common language is essential to
full exercise of constitutional freedoms, informed and
knowledgeable empowerment as voters, citizen checks against
government abuses and individual prosperity and independence.
(5) The English language has been our strongest bond to
one another as fellow citizens and has contributed
substantially to national unity and societal cohesiveness.
(6) English has been this nation's language by custom
only and warrants special legal protection.
(7) Government has a fiduciary responsibility to the
citizenry to ensure that it operates as efficiently as
possible, and the growth of multiple language bureaucracies
and printing represents an abrogation of this fiduciary
responsibility.
(8) The Commonwealth and its municipalities and the
Federal Government also have a responsibility to ensure that
citizens have opportunities to learn English.
Section 3. Purpose.
(a) Unifying role.--It is the purpose of this act to
preserve, protect and strengthen the unifying role of English as
the official language of this Commonwealth.
(b) Rights preserved.--This act shall not be construed in
any way to infringe on the rights of citizens to choose their
own primary language, in the use of language for private
conduct, nor shall this act be used to dictate language policies
for the operation and administration of organizations or
businesses in the unregulated private sector.
Section 4. Definitions.
The following words and phrases when used in this act shall
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have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Official acts of government." Any of the following:
(1) Actions of the Commonwealth that carry the full
weight and authority of law.
(2) Official documents recorded and maintained by the
Commonwealth for the public domain and public proceedings of
the governing bodies of the Commonwealth.
Section 5. General rule.
English is hereby recognized as the official language of the
Commonwealth and shall also be designated as the language of
official acts of government.
Section 6. Policies.
The Commonwealth shall make no policies expressing a
preference for any language other than English or diminishing or
ignoring the unifying role of English as designated under this
act, subject to the limitations under section 8.
Section 7. Enforcement.
(a) General rule.--Elected and appointed officers of the
Commonwealth shall take all reasonable steps to ensure that the
role of English as the official language is preserved and
enhanced.
(b) Standing to sue.--Any person who is a resident of or
doing business in this Commonwealth shall have standing to sue
any agency or official of the Commonwealth to seek a declaratory
judgment as to whether this act has been violated and injunctive
relief therefrom. A qualified person may file suit even if the
Attorney General or other appropriate official of the
Commonwealth has not filed such a suit, and the suit may be
brought on behalf of all citizens of this Commonwealth. A person
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who prevails, in whole or in part, in such a suit shall be
entitled to costs of bringing and maintaining the suit,
including reasonable attorney fees.
Section 8. Applicability.
The provisions of this act shall not apply to the following:
(1) When Federal law imposes contrary provisions.
(2) When the public safety, health or justice requires
the use of other languages.
(3) Instruction in foreign language courses.
(4) Instruction designed to aid students with limited
English proficiency in their transition and integration into
the education system.
(5) The promotion of international commerce or tourism.
(6) To provide interpretation for hearing impaired
individuals in American Sign Language.
(7) When using terms of art or phrases from languages
other than English.
(8) For informal and nonbinding translations or
communications among or between representatives of government
and other persons if this activity does not affect or impair
supervision, management, conduct or execution of official
actions and if the representatives of government make clear
that these translations or communications are unofficial and
are not binding on the Commonwealth.
Section 9. Appropriations.
The General Assembly shall make no appropriations to promote
the use of or demonstrate a preference for any language other
than the official language, subject to the limitations under
section 8.
Section 10. Severability.
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If any provision of this act or the applicability of any
provision to any person or circumstance shall be held to be
invalid by a court of competent jurisdiction, the remainder of
this act shall not be affected and shall be given effect to the
fullest extent practicable.
Section 20. Effective date.
This act shall take effect in 60 days.
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