Senate Engrossed

 

 

 

 

State of Arizona

Senate

Fiftieth Legislature

First Regular Session

2011

 

 

SENATE CONCURRENT RESOLUTION 1035

 

 

 

A CONCURRENT RESOLUTION

 

proposing an amendment to the constitution of arizona; amending article XXVIII, sections 1 and 4, constitution of arizona; relating to english as the official language.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:

1.  Article XXVIII, sections 1 and 4, Constitution of Arizona, are proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE1.  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 both of the following occur:

(i)  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.

(ii)  A recipient of the communication or translation requests the use of a language other than English for that specific communication or translation.

(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. END_STATUTE

START_STATUTE4.  Official actions to be conducted in English

Section 4.  A.  Official actions shall be conducted in English.

B.  A representative of government shall not use or offer to use a language other than English in any communication or  translation in connection with any official action or any other action unless a recipient of the communication or translation requests the use of a language other than English for that specific communication or translation.  The recipient's request does not create a duty on the government to use the language requested. END_STATUTE

2.  The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.