Oklahoma - H.B. 3386

STATE OF OKLAHOMA
2ND SESSION OF THE 52ND LEGISLATURE (2010)
HOUSE BILL 3386
BY: TERRILL
AS INTRODUCED

 


January 15, 2010

SYNOPSIS:  An Act relating to definitions and general provisions; creating the Oklahoma Official English Implementation Act; declaring the English language to be the official language of this state; stating legislative findings; requiring that the state preserve and enhance the role of English as the official language; stating purpose; prohibiting actions which diminish or ignore the role of English as the official language of this state; defining actions which preserve, enhance, diminish, or ignore the role of English as the official language of this state; requiring disclosure of requirements, and separate budget delineations of costs, for using languages other than English; specifying that the Oklahoma Official English Implementation Act creates no new rights of action or claims; providing for codification; and providing an effective date.

TEXT: BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 401 of Title 25, unless there is created a duplication in numbering, reads as follows:

This act shall be known and may be cited as the "Oklahoma Official English Implementation Act".

SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 402 of Title 25, unless there is created a duplication in numbering, reads as follows:

A. The English language is hereby declared to be the official language of the state.

B. Use of a common language removes barriers of misunderstanding and helps to unify the people of this state and the United States, and helps to enable the full economic, political, and civic participation of all its people, regardless of national origin, creed, race, or other characteristics, and thus a compelling governmental interest exists in promoting, preserving, and strengthening the use of the English language. Proficiency in the English language, as well as in languages other than the English language, benefits this state and its people both economically and culturally and should be encouraged. In addition to any other ways to promote proficiency in the English language, the government of the state can promote proficiency in English by using the English language in its official actions and activities. Use of English in official actions and activities promotes civic participation and governmental accountability, in particular by fostering public participation in and supervision of governmental activities. The state can reduce costs and promote efficiency, in its roles as employer and as a government of the people, by using only the English language in its official actions and activities. Drawing on Oklahoma's rich history of relationships with Native American tribes and with persons from diverse linguistic backgrounds, the Legislature recognizes certain situations in which the use of languages other than English by state government can be beneficial, and delineates and preserves those exceptions to the general rules for the use of English, including respect and encouragement for the use and development of Native American languages.

SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 403 of Title 25, unless there is created a duplication in numbering, reads as follows:

A. The state shall preserve and enhance the role of English as the official language of Oklahoma. The purpose of this section is to implement, and not to expand or diminish, the requirements and protections of the provisions of the Oklahoma Constitution designating the English language as the official language of this state if approved by a vote of the people of the state.

B. The state shall not make, implement, or enforce a law or policy, whether created by state or federal law, which diminishes or ignores the role of English as the official language of the state, unless specifically required to do so by the Constitution of Oklahoma or of the United States or by law.

C. 1. a. For purposes of this section, "preserve and enhance the role of English as the official language" means an affirmative obligation of strict compliance with the letter and spirit of the Oklahoma Official English Implementation Act including, but not limited to, promoting the use of English by all persons in Oklahoma, and avoiding the use of languages other than English for official actions. This obligation shall be presumed to be superseded if use of a language other than English is specifically required by federal or state law or is permitted by the Oklahoma Constitution, but only to the extent necessary for an individual circumstance, and not as a general policy.

b. If the state has the choice to take an action in English or in a language other than English, a choice to take the action in English instead of in the other language shall be presumed to help preserve and enhance the role of English as the official language. Taking the action in the other language, or in both English and the other language, without being specifically required to do so by federal or state law, shall be presumed not to preserve and enhance the role of English as the official language.

c. Providing education funds, in amounts determined by the Legislature in the normal course of appropriations, to teach English to persons who are not fluent in English shall be presumed to preserve and enhance the role of English as the official language.

2. a. For purposes of this section, "diminish or ignore the role of English as the official language of the State of Oklahoma" includes a law or policy which requires or permits the use of a language other than English, or both English and another language, for an official action, unless specifically required to do so by federal or state law or permitted by the Oklahoma Constitution.

b. A law or policy shall be presumed to diminish or ignore the role of English as the official language of this state if, under threat of legal penalties and without being specifically required to do so by federal or state law or permitted by the Oklahoma Constitution, it compels any person to use, or permit the use of, a language other than English in private activities, including those necessary for education-, employment- or business-related purposes.

c. The use of a language other than English during the examination for or provision of driver licenses, or professional or occupational licenses or permits shall be presumed to diminish or ignore the role of English as the official language of the state, unless specifically required by state or federal law or unless the profession or occupation for which the license or permit is sought requires the use of a language other than English, such as a license to teach a foreign language.

d. Requiring a private employer to permit the use of a language other than English on the job or sanctioning a private employer for requiring the use of English on the job shall be presumed to diminish or ignore the role of English as the official language of Oklahoma.

e. Bilingual or bicultural education programs which maintain a student in a language other than English shall be presumed to diminish or ignore the role of English as the official language.

3. For purposes of this section, actions consistent with the Oklahoma Constitution's respect for and treatment of Native American languages and private use of languages other than English, including private materials, communications, or interactions, shall not be presumed to diminish or ignore the role of English as the official language of this state. Private materials need not be produced by the state, but may include those produced by other entities, if the conditions outlined in the Oklahoma Constitution are met and the source is disclosed. Private materials may include unofficial or informal presentations and discussions by the public with the state, including statements to public officials or employees, but no private materials shall be used or relied upon for any official action unless permitted pursuant to the Oklahoma Constitution or laws of this state. Any private materials entered into the public record of the state shall be accompanied by a translation or interpretation into English made at no cost to the state, and the English translation or interpretation shall be determinative if a dispute over discrepancies arises from the record. No person shall have a right to an English translation or interpretation.

D. 1. If, pursuant to the Oklahoma Constitution, a specific constitutional or statutory provision requires use of a language other than English, the agency or entity which is responsible for implementing or enforcing the provision shall, prior to complying with the requirements and in addition to any other public notification or qualification obligations, notify the Governor and Attorney General of the provision, and publicly declare and identify the specific statutory language creating the requirement. If the requirement is continuing, the notification and public declaration shall be repeated not less than annually.

2. If any agency or official of the state uses a language other than English for any purpose, the official budget of that government agency, department, or office shall include separate delineations of those costs, including specific costs for:

a. interpreters,

b. expenses, wages, salaries, or charges to help employees or contractors learn a language other than English,

c. preparation, translation, printing, or recordation of documents, records, brochures, pamphlets, flyers, or other materials in a language other than English,

d. wage differentials or benefits provided to employees or contractors because they are expected to speak languages other than English while providing or performing services for the state, and

e. otherwise providing any services or incurring any costs, identified by purposes, which utilize languages other than English.

E. Nothing in this section shall provide to any person a cause of action to seek, or a right to demand in any other way, governmental official or unofficial actions in languages other than English.

SECTION 4. This act shall become effective if an amendment to the Oklahoma Constitution designating the English language as the official language of the state is approved.