08 LC 29
3251S
The
House Committee on Judiciary, Non-civil offers the following substitute to HR
413:
A
RESOLUTION
Proposing
an amendment to the Constitution so as to declare English as the official
language of the State of Georgia; to provide for findings; to provide that
official state actions be in English; to prohibit any requirement that any
language other than English be used in any documents, regulations, orders,
transactions, proceedings, meetings, programs, or publications; to prohibit
discrimination, penalties, or other limits on participation against persons who
speak only English; to provide for exceptions; to provide for certain rights of
action; to provide for severability; to provide for the submission of this
amendment for ratification or rejection; and for other purposes.
BE
IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
I, Section II of the Constitution is amended by adding a new Paragraph X to read
as follows:
"Paragraph
X.
English
as Official Language. (a) The people of
Georgia find and declare that:
(1)
English is the common language of the State of Georgia and of the United States.
The use of a common language removes barriers of misunderstanding and helps to
unify the people of this state and of the United States, and a compelling state
interest exists in promoting, preserving, and strengthening the use of
English;
(2)
The government should promote proficiency in English in order to enable the full
economic and civic participation of all its citizens;
(3)
Proficiency in English and in languages other than English benefits the state
both commercially and culturally and should be encouraged; and
(4)
Among the powers reserved to each state is the power to establish English as its
official language and otherwise to promote the use of English within the
state.
(b)(1)
English is the official language of the State of Georgia.
(2)
Official actions of this state which bind or commit the state or which give the
appearance of presenting the official views of the state shall be taken in
English.
(3)
No law, ordinance, decree, program, or policy of this state or any of its
political subdivisions, including, but not limited to, the administration of
driver´s license examinations for all classes of licenses by the Department
of Driver Services, shall use any language other than English for any
documents, regulations, orders, transactions, proceedings, meetings, programs,
or publications except as provided in subparagraph (c) of this
Paragraph.
(4)
A person who speaks only English shall be eligible to participate in all
programs, benefits, and opportunities, including employment, provided by this
state or its political subdivisions, except when required to speak another
language as provided in subparagraph (c) of this Paragraph.
(5)
No law, ordinance, decree, program, or policy of this state or its political
subdivisions shall penalize or impair the rights, obligations, or opportunities
available to any person solely because a person speaks only
English.
(c)
The state and its political subdivisions may use a language other than English
for any of the following purposes:
(1)
To teach or encourage the learning of languages other than English;
(2)
To protect the public health or safety;
(3)
To teach English to those who are not fluent in the language;
(4)
To permit the use of American Sign Language and to comply with any other
applicable federal law;
(5)
To protect the rights of victims of crime and criminal defendants;
(6)
To ensure equality of access to a court of competent jurisdiction;
(7)
To promote diplomacy, trade, commerce, and tourism;
(8)
To create or promote state or agency mottoes, inscribe public monuments, and
perform other acts involving the customary use of a language other than English;
and
(9)
To utilize terms of art or terms or phrases from other languages which are
commonly used in communications otherwise in English.
(d)
The declaration and use of English as the official language of the State of
Georgia shall not be construed as infringing upon the rights of any person to
use a language other than English in private communications or actions,
including the right of government officials, including elected officials, to
communicate with others while not performing official actions of the
state.
(e)
Any person who is a resident of or doing business in the State of Georgia shall
have standing to sue any agency or official of the State of Georgia to seek a
declaratory judgment as to whether this Paragraph has been violated and to seek
injunctive relief. A qualified person may file suit even if the Attorney
General or other appropriate official of the state has not filed such a suit. A
person who prevails, in whole or in part, in such a suit shall be entitled to
the costs of bringing and maintaining the suit, including reasonable attorney
fees.
(f)
If any provision of this Paragraph or the applicability of any provision of this
Paragraph to any person or circumstance shall be held to be invalid by a court
of competent jurisdiction, the remainder of this Paragraph shall not be affected
and shall be given effect to the fullest extent practicable.
(g)
Nothing in this Paragraph shall be interpreted as conflicting with the laws of
the United States."
SECTION
2.
The
above proposed amendment to the Constitution shall be published and submitted as
provided in Article X, Section I, Paragraph II of the Constitution. The ballot
submitting the above proposed amendment shall have written or printed thereon
the following:
|
"( ) YES
( ) NO
|
Shall
the Constitution of Georgia be amended so as to provide that English is the
official language of the State of Georgia?"
|
All
persons desiring to vote in favor of ratifying the proposed amendment shall vote
"Yes." All persons desiring to vote against ratifying the proposed amendment
shall vote "No." If such amendment shall be ratified as provided in said
Paragraph of the Constitution, it shall become a part of the Constitution of
this state.