THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SWANGER, BAKER, BARRAR, BOYD, D. COSTA, COX, DENLINGER, ELLIS, EVERETT, FLECK, GABLER, GEIST, GIBBONS, GILLEN, GOODMAN, GROVE, HAHN, HARRIS, HESS, HICKERNELL, HORNAMAN, HUTCHINSON, KAUFFMAN, M.K. KELLER, KNOWLES, MAJOR, MARSHALL, MARSICO, METCALFE, MILLER, MOUL, MURT, MUSTIO, O'NEILL, PETRI, PYLE, RAPP, READSHAW, REICHLEY, SCHRODER, STERN, STEVENSON, TALLMAN AND VULAKOVICH, FEBRUARY 1, 2011

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 1, 2011  

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

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.--A 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

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.

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 11.  Effective date.

This act shall take effect in 60 days.