Georgia House of Representatives - 1995/1996 Sessions

HB 378 - English; designate official language

Page Numbers - 1/ 2

Code Sections - 50-3-100

1. Ehrhart  36th          2. Davis  60th             3. Mills  21st
4. Crews  78th            5. Wiles  34th             6. Evans  28th


House Comm: Rules      /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/25/95  Read 1st Time                                                                
              1/26/95  Read 2nd Time                                                                
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Code Sections amended:                                                                              


HB 378                                            LC 15 4014






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Chapter 3 of Title 50 of the Official Code of
  1- 2  Georgia Annotated, relating to the state flag, seal, and
  1- 3  other symbols, so as to designate English as the official
  1- 4  language of the State of Georgia; to provide for use of the
  1- 5  official language; to provide for construction; to prohibit
  1- 6  discrimination; to provide for remedies; to provide for
  1- 7  exceptions; to authorize use and printing of official
  1- 8  documents in other languages; to provide for related
  1- 9  matters; to repeal conflicting laws; and for other purposes.

  1-10       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-11  Chapter 3 of Title 50 of the Official Code of Georgia
  1-12  Annotated, relating to the state flag, seal, and other
  1-13  symbols, is amended by adding a new article, to be
  1-14  designated Article 4, to read as follows:

                         "ARTICLE 4

  1-15    50-3-100. (Index)

  1-16    (a) The English language is designated as the official
  1-17    language of the State of Georgia.  The official language
  1-18    shall be the language used for each public record, as
  1-19    defined in Code Section 50-18-70, and each public meeting,
  1-20    as defined in Code Section 50-14-1, and for official Acts
  1-21    of the State of Georgia, including those governmental
  1-22    documents, records, meetings, actions, or policies which
  1-23    are enforceable with the full weight and authority of the
  1-24    State of Georgia.

  1-25    (b) This Code section shall not be construed in any way to
  1-26    infringe on the rights of persons in their use of any
  1-27    language for conversation or private conduct.

  1-28    (c) This Code section shall not be construed in any way to
  1-29    deny a person's rights under the Constitution of Georgia
  1-30    or the Constitution of the United States or any laws,
  1-31    statutes, or regulations of the United States or of the


                                 -1- (Index)

                                                  LC 15 4014

  2- 1    State of Georgia as a result of that person's inability to
  2- 2    communicate in the official language.

  2- 3    (d) It shall be unlawful for any person or entity,
  2- 4    including but not limited to any agency, instrumentality,
  2- 5    or authority of the state or of a political subdivision of
  2- 6    the state, to discriminate against any person as a result
  2- 7    of such person's using or speaking a language other than
  2- 8    the official language.  A person who uses or speaks a
  2- 9    language other than the official language shall have the
  2-10    right to file a civil action for damages and equitable
  2-11    relief, including injunction, for violation of this
  2-12    subsection.

  2-13    (e) State agencies, counties, municipal corporations, and
  2-14    political subdivisions of this state are authorized to use
  2-15    or to print official documents and forms in languages
  2-16    other than the official language, at the discretion of
  2-17    their governing authorities.  Documents filed or recorded
  2-18    with a state agency or with the clerk of a county,
  2-19    municipal corporation, or political subdivision must be in
  2-20    the official language or, if the original document is in a
  2-21    language other than the official language, an English
  2-22    translation of the document must be simultaneously filed.

  2-23    (f) The provisions of subsection (a) of this Code section
  2-24    shall not apply:

  2-25      (1) When in conflict with federal law;

  2-26      (2) When the public safety, health, or justice require
  2-27      the use of other languages;

  2-28      (3) To instruction designed to teach the speaking,
  2-29      reading, or writing of foreign languages;

  2-30      (4) To instruction designed to aid students with limited
  2-31      English proficiency in their transition and integration
  2-32      into the education system of the state; and

  2-33      (5) To the promotion of international commerce, tourism,
  2-34      sporting events, or cultural events."

                         SECTION 2.

  2-35  All laws and parts of laws in conflict with this Act are
  2-36  repealed.






                                 -2- (Index)