Georgia Senate - 1995/1996 Sessions

SB 49 - English Language - designate official language

Page Numbers - 1/ 2

Code Sections - 50-3-100

1. Crotts  17th           2. Langford  29th          3. Gochenour  27th


Senate Comm: Ed         /         House Comm: SP&CA      /                      
Senate Vote: Yeas 43    Nays 9                                                  
           ---------------------------------------------                        
              Senate          Action          House                             
           ---------------------------------------------                        
             1/11/95   Read 1st time          2/9/95                            
             2/3/95    Favorably Reported     2/27/95                           
                       Committee Amend/Sub    Am                                
             2/6/95    Read 2nd Time          2/10/95                           
             2/9/95    Read 3rd Time          3/15/95                           
             2/9/95    Passed/Adopted         3/15/95                           
                       Comm/Floor Amend/Sub   FS                                
             3/15/95   Amend/Sub Agreed To                                      
             3/24/95   Sent To Governor                                         
             4/21/95   Signed by Governor                                       
             V13       Act/Veto Number                                          
           ---------------------------------------------                        
                                                                                
Code Sections amended: 50-3-100                                                 


SB 49                                                SB49/AP

      SENATE BILL 49

      By:  Senators Crotts of the 17th, Langford of the 29th,
           Gochenour of the 27th and others

                        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 private 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

                             S. B. 49
                                 -1- (Index)

                                                     SB49/AP

  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 in his or her private conversations
  2- 9    or private conduct.  A person who uses or speaks a
  2-10    language other than the official language shall have the
  2-11    right to file a civil action for damages and equitable
  2-12    relief, including injunction, for violation of this
  2-13    subsection.

  2-14    (e) State agencies, counties, municipal corporations, and
  2-15    political subdivisions of this state are authorized to use
  2-16    or to print official documents and forms in languages
  2-17    other than the official language, at the discretion of
  2-18    their governing authorities.  Documents filed or recorded
  2-19    with a state agency or with the clerk of a county,
  2-20    municipal corporation, or political subdivision must be in
  2-21    the official language or, if the original document is in a
  2-22    language other than the official language, an English
  2-23    translation of the document must be simultaneously filed.

  2-24    (f) The provisions of subsection (a) of this Code section
  2-25    shall not apply:

  2-26      (1) When in conflict with federal law;

  2-27      (2) When the public safety, health, or justice require
  2-28      the use of other languages;

  2-29      (3) To instruction designed to teach the speaking,
  2-30      reading, or writing of foreign languages;

  2-31      (4) To instruction designed to aid students with limited
  2-32      English proficiency in their transition and integration
  2-33      into the education system of the state; and

  2-34      (5) To the promotion of international commerce, tourism,
  2-35      sporting events, or cultural events."

                         SECTION 2.

  2-36  All laws and parts of laws in conflict with this Act are
  2-37  repealed.




                             S. B. 49
                                 -2- (Index)