Assigned to GOV                                                                                                                           AS TRANSMITTED

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

FINAL AMENDED

FACT SHEET FOR H.C.R. 2036

English as official language

Purpose

            Subject to voter approval, establishes English as the official language of Arizona, requires official actions to be conducted in English, provides exceptions and prescribes procedures for legal actions.

Background

            The Constitution of Arizona, as amended by Proposition 106 in 1988, established English as the official language of Arizona and declared English as the language of the ballot, the public schools and government functions and actions.  The initiative provided that: a) the state and all political subdivisions of this state shall act in English and no other language; b) no entity shall make or enforce a law, order, decree or policy that requires the use of a language other than English; and c) no governmental document shall be valid or enforceable unless it is in the English language.

            Proposition 106 provided that the state may act in a language other than English to assist students not proficient in English, to protect public health or safety or to protect the rights of criminal defendants or victims of crime.  Although there is no official language of the United States, 27 states currently have provisions making English the official language.

            The Arizona Supreme Court found that Proposition 106 requiring all state and local government officials and employees to “act” only in English during performance of government business violated the First Amendment.  See Ruiz v. Hull, 191 Ariz. 441, 957 P.2d 984 (Ariz. 1998).  The valid portions of the constitutional amendment could not be severed from the invalid portions and, therefore, the court declared the amendment unconstitutional.

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Establishes English as the official language of Arizona.

2. Requires all official actions to be conducted in English.

3. Specifies that “official action” includes the performance of any function or action on behalf of Arizona or a political subdivision of Arizona or required by state law, that appears to present the views, position or imprimatur of Arizona or the political subdivision or that binds or commits Arizona or the political subdivision.

4. Exempts the following actions from the definition of “official action”:

a) teaching or encouraging learning languages other than English.

b) actions required under federal laws, including the Individuals with Disabilities Education Act.

c) actions, documents or policies necessary for international trade, tourism or commerce.

d) actions or documents that protect the public health and safety, including law enforcement and emergency services.

e) actions that protect the rights of crime victims 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 government representatives and other persons.

j) actions necessary to preserve the right to petition for the redress of grievances.

5. Requires representatives of government to preserve, protect and enhance the role of English as the official language of the government of Arizona.

6. Prohibits discriminating against or penalizing in any way a person because the person uses or attempts to use English in public or private communication.

7. Allows any representative of government, including a member of the Legislature to communicate unofficially through any medium with another person in a language other than English while performing official duties, if official action is conducted in English.

8. Authorizes an Arizona resident or a person doing business in Arizona to file a civil action for the following:

a) relief from any official action that violates that statutes relating to English as the official language.

b) injunctive or mandatory relief, if the person or business contends that the statutes relating to English as the official language are not being implemented or enforced and the court determines the complained of failures or inactions are in violation of those statutes. 

9. Prevents a person from filing a civil action until the person notifies the Attorney General of the violations and the Attorney General fails to provide appropriate relief within a reasonable time under the circumstances.

10. Specifies that 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. 

11. Permits the award of costs and reasonable attorney fees to be awarded to a successful party bringing a lawsuit for a violation of these provisions. 

12. Allows the Legislature to enact measures to further the purpose of this legislation.

13. Contains a severability clause.

14. Contains definitions.

15. Repeals Article 28 of the Arizona Constitution regarding English as the official language of Arizona.

16. Requires the Secretary of State to submit the proposition to the voters at the next general election.

17. Becomes effective if approved by the voters and on proclamation of the Governor.

Amendments Adopted by Committee of the Whole

· Exempts actions necessary to preserve the right to petition for the redress of grievances from the definition of “official action.”

House Action Senate Action

JUD                 1/26/06     DP    6-3-0                         GOV               3/30/06     DP     3-1-2

3^rd Read           3/23/06             34-22-4                       3rd Read         6/21/06               18-11-1

Final Read       6/21/06             37-19-4-0

Transmitted to the Secretary of State 6/22/06           

Prepared by Senate Research

June 23, 2006

NS/ac