Whereas, the United States is comprised of individuals from
diverse ethnic, cultural and linguistic backgrounds, and continues to benefit
from this rich diversity; and
Whereas, throughout the history of the United States, the
common thread binding individuals of differing backgrounds has been the English
language, which has permitted diverse individuals to discuss, debate and come
to agreement on contentious issues; and
Whereas, in recent years, the role of the English language as a
common language has been threatened by governmental actions that either ignore
or harm the role of English or that promote the use of languages other than
English in official governmental actions, and these governmental actions
promote division, confusion, error and inappropriate use of resources; and
Whereas, among the powers reserved to the States respectively
is the power to establish the English language as the official language of the
respective States, and otherwise to promote the English language within the
respective States, subject to the prohibitions enumerated in the Constitution
of the United States and federal statutes.
Therefore
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. Article XXVIII, Constitution of Arizona, is
proposed to be repealed as follows if approved by the voters and on
proclamation of the Governor:
Article XXVIII, Constitution of Arizona, relating to English
as the official language, is repealed.
2. A new article XXVIII, Constitution of Arizona, is proposed to be added as follows if approved by the voters and on proclamation
of the Governor:
Article
xxviii. English as the official language
1. Definitions
Section
1. In this article, unless the context otherwise requires:
1. "Government"
includes all laws, public proceedings, rules, publications, orders, actions,
programs, policies, DEPARTMENTS, boards, agencies, organizations and
instrumentalities of this state or political subdivisions of this state, as
appropriate under the circumstances to a particular official action.
2. "Official
action" includes the performance of any function or action on behalf of
this state or a political subdivision of this state or required by state law
that appears to present the views, position or imprimatur of the state or
political subdivision or that binds or commits the state or political
subdivision, but does not include:
(a) The
teaching of or the encouragement of learning languages other than English.
(b) Actions
required under the federal individuals with disabilities education act or other
federal laws.
(c) Actions,
documents or policies necessary for tourism, commerce or international trade.
(d) Actions
or documents that protect the public health and safety, including law
enforcement and emergency services.
(e) Actions
that protect the rights of victims of crimes or criminal defendants.
(f) Using
terms of art or phrases from languages other than English.
(g) Using
or preserving native American languages.
(h) Providing
assistance to hearing impaired or illiterate persons.
(i) 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 this state or a political
subdivision of this state.
(j) Actions necessary to preserve the right to
petition for the redress of grievances.
3. "Preserve,
protect and enhance the role of English" includes:
(a) Avoiding
any official actions that ignore, harm or diminish the role of English as the
language of government.
(b) Protecting
the rights of persons in this state who use English.
(c) Encouraging
greater opportunities for individuals to learn the English language.
(d) To the
greatest extent possible under federal statute, providing services, programs,
publications, documents and materials in English.
4. "Representatives
of government" includes all individuals or entities during the performance
of the individual's or entity's official actions.
2. Official language of Arizona
Section
2. The official language of the state of Arizona is English.
3. Preserving and enhancing the role of
the official
language;
right to use English
Section 3. A. Representatives
of government in this state shall preserve, protect and enhance the role of
English as the official language of the government of Arizona.
B. A
person shall not be discriminated against or penalized in any way because the
person uses or attempts to use english in public or private communication.
4. Official actions to be conducted in
English
Section 4. Official
actions shall be conducted in English.
5. Rules of construction
Section 5. This
article shall not be construed to Prohibit any representative of
government, including a member of the legislature, while performing official
duties, from communicating unofficially through any medium with another person
in a language other than English if official action is conducted in English.
6. Standing; notification of attorney
general; recovery of costs
Section
6. A. A person who resides or does business in this state
may file a civil action for relief from any official action that violates this
article in a manner that causes injury to the person.
B. A
person who resides or does business in this state and who contends that this
article is not being implemented or enforced may file a civil action to
determine if the failure or inaction complained of is a violation of this article
and for injunctive or mandatory relief.
C. A
person shall not file an action under this section unless the person has
notified the attorney general of the alleged violation and the attorney general
or other appropriate representative of government has not provided appropriate
relief within a reasonable time under the circumstances. An action filed under
this section may be in addition to or in lieu of any action by officers of this
state, including the attorney general.
D. A
person who files and is successful in an action under this section may be
awarded all costs expended or incurred in the action, including reasonable
attorney fees.
3. This amendment is intended to be self-executing
and does not require implementing legislation, but, subject to the provisions
of the amendment if adopted, the legislature may enact any measure designed to
further the purposes of the amendment.
4. If a provision of this amendment or its
application to any person or circumstance is held invalid, the invalidity does
not affect other provisions or application of the amendment that can be given
effect without the invalid provision or application, and to this end the
provisions of this amendment are severable.
5. The Secretary of State shall submit this
proposition to the voters at the next general election as provided by article
XXI, Constitution of Arizona.
