PRINTER'S NO. 2716
No. 1958 Session of 2007
INTRODUCED BY SWANGER, ARGALL, BAKER, BENNINGHOFF, BOBACK, BOYD, CAUSER, CLYMER, CREIGHTON, CUTLER, EVERETT, FAIRCHILD, FLECK, GEIST, GINGRICH, GOODMAN, HALUSKA, HARPER, HARRIS, HELM, HERSHEY, HESS, HICKERNELL, HUTCHINSON, KAUFFMAN, M. KELLER, KENNEY, KORTZ, MAJOR, MANTZ, METCALFE, R. MILLER, MURT, MUSTIO, PEIFER, PICKETT, RAPP, ROAE, ROHRER, SAYLOR, SCHRODER, SOLOBAY, SONNEY, STERN, VULAKOVICH, WANSACZ AND WOJNAROSKI, OCTOBER 23, 2007
REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 23, 2007
AN ACT 1 Providing for the English language as the official language of 2 the Commonwealth. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the Pennsylvania 7 Official Language Act. 8 Section 2. Legislative findings. 9 The General Assembly finds and declares as follows: 10 (1) The people of the United States have brought to this 11 nation the cultural heritage of many nations. 12 (2) The people of the United States, despite their many 13 differences, have lived together harmoniously and 14 productively as citizens of one nation. 15 (3) The traditional and common language of the United
1 States and of this Commonwealth is English. 2 (4) A knowledge of the common language is essential to 3 full exercise of constitutional freedoms, informed and 4 knowledgeable empowerment as voters, citizen checks against 5 government abuses and individual prosperity and independence. 6 (5) The English language has been our strongest bond to 7 one another as fellow citizens and has contributed 8 substantially to national unity and societal cohesiveness. 9 (6) English has been this nation's language by custom 10 only and warrants special legal protection. 11 (7) Government has a fiduciary responsibility to the 12 citizenry to ensure that it operates as efficiently as 13 possible, and the growth of multiple language bureaucracies 14 and printing represents an abrogation of this fiduciary 15 responsibility. 16 (8) The Commonwealth and its municipalities and the 17 Federal Government also have a responsibility to ensure that 18 citizens have opportunities to learn English. 19 Section 3. Purpose. 20 (a) Unifying role.--It is the purpose of this act to 21 preserve, protect and strengthen the unifying role of English as 22 the official language of this Commonwealth. 23 (b) Rights preserved.--This act shall not be construed in 24 any way to infringe on the rights of citizens to choose their 25 own primary language, in the use of language for private 26 conduct, nor shall this act be used to dictate language policies 27 for the operation and administration of organizations or 28 businesses in the unregulated private sector. 29 Section 4. Definitions. 30 The following words and phrases when used in this act shall 20070H1958B2716 - 2 -
1 have the meanings given to them in this section unless the 2 context clearly indicates otherwise: 3 "Official acts of government." Any of the following: 4 (1) Actions of the Commonwealth that carry the full 5 weight and authority of law. 6 (2) Official documents recorded and maintained by the 7 Commonwealth for the public domain, and public proceedings of 8 the governing bodies of the Commonwealth. 9 Section 5. General rule. 10 English is hereby recognized as the official language of the 11 Commonwealth and shall also be designated as the language of 12 official acts of government. 13 Section 6. Policies. 14 The Commonwealth shall make no policies expressing a 15 preference for any language other than English or diminishing or 16 ignoring the unifying role of English as designated in this act, 17 subject to the limitations in section 8. 18 Section 7. Enforcement. 19 (a) General rule.--Elected and appointed officers of the 20 Commonwealth shall take all reasonable steps to ensure that the 21 role of English as the official language is preserved and 22 enhanced. 23 (b) Standing to sue.--Any person who is a resident of or 24 doing business in this Commonwealth shall have standing to sue 25 any agency or official of the Commonwealth to seek a declaratory 26 judgment as to whether this act has been violated and injunctive 27 relief therefrom. A qualified person may file suit even if the 28 Attorney General or other appropriate official of the 29 Commonwealth has not filed such a suit, and the suit may be 30 brought on behalf of all citizens of this Commonwealth. A person 20070H1958B2716 - 3 -
1 who prevails, in whole or in part, in such a suit shall be 2 entitled to costs of bringing and maintaining the suit, 3 including reasonable attorney fees. 4 Section 8. Applicability. 5 The provisions of this act shall not apply to the following: 6 (1) When Federal law imposes contrary provisions. 7 (2) When the public safety, health or justice requires 8 the use of other languages. 9 (3) Instruction in foreign language courses. 10 (4) Instruction designed to aid students with limited 11 English proficiency in their transition and integration into 12 the education system. 13 (5) The promotion of international commerce or tourism. 14 (6) To provide interpretation for hearing impaired 15 individuals in American Sign Language. 16 (7) When using terms of art or phrases from languages 17 other than English. 18 (8) For informal and nonbinding translations or 19 communications among or between representatives of government 20 and other persons if this activity does not affect or impair 21 supervision, management, conduct or execution of official 22 actions and if the representatives of government make clear 23 that these translations or communications are unofficial and 24 are not binding on the Commonwealth. 25 Section 9. Appropriations. 26 The General Assembly shall make no appropriations to promote 27 the use of or demonstrate a preference for any language other 28 than the official language, subject to the limitations in 29 section 8. 30 Section 10. Severability. 20070H1958B2716 - 4 -
1 If any provision of this act or the applicability of any 2 provision to any person or circumstance shall be held to be 3 invalid by a court of competent jurisdiction, the remainder of 4 this act shall not be affected and shall be given effect to the 5 fullest extent practicable. 6 Section 11. Effective date. 7 This act shall take effect in 60 days. J9L71SFL/20070H1958B2716 - 5 -