S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5350

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of  A.  KOLB,  BURLING, BUTLER, CHRISTENSEN, CORWIN,
  CROUCH, ERRIGO, FINCH -- Multi-Sponsored by -- M.  of  A.  CALHOUN  --
  read once and referred to the Committee on Governmental Operations

AN  ACT  to amend the state law, in relation to making English the offi-
  cial language of New York state

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The state law is amended by adding a new article 9 to read
as follows:

                                ARTICLE 9
                         OFFICIAL STATE LANGUAGE
SECTION 130. LEGISLATIVE FINDINGS AND INTENT.
        131. SHORT TITLE.
        132. OFFICIAL STATE LANGUAGE.
  S 130. LEGISLATIVE FINDINGS AND INTENT. THE LEGISLATURE  HEREBY  FINDS
THAT,  THE STATE IS COMPRISED OF INDIVIDUALS FROM MANY ETHNIC, CULTURAL,
AND LINGUISTIC BACKGROUNDS, AND CONTINUES  TO  BENEFIT  FROM  THIS  RICH
DIVERSITY. THROUGHOUT THE HISTORY OF NEW YORK AND THE UNITED STATES, THE
COMMON  THREAD BINDING INDIVIDUALS OF DIFFERING BACKGROUNDS HAS BEEN THE
ENGLISH LANGUAGE. COMMAND  OF  THE  ENGLISH  LANGUAGE  IS  NECESSARY  TO
PARTICIPATE  IN AND TAKE FULL ADVANTAGE OF THE OPPORTUNITIES AFFORDED BY
AMERICAN LIFE. ABSENT A RUDIMENTARY COMMAND  OF  THE  ENGLISH  LANGUAGE,
CITIZENS  OF  THIS  STATE ARE NOT ABLE TO MAKE THEIR VOICES HEARD IN THE
LEGISLATIVE PROCESS, EFFECTIVELY EXERCISE THEIR RIGHT TO VOTE, OR  FULLY
UNDERSTAND  THE  RIGHTS  AFFORDED THEM BY THE UNITED STATES AND NEW YORK
CONSTITUTIONS. SUCH CITIZENS ALSO HAVE A  MORE  DIFFICULT  TIME  FINDING
GAINFUL  EMPLOYMENT, AFFORDABLE HOUSING, HEALTH INSURANCE, AND OTHERWISE
AVAILING THEMSELVES OF THE FULL BENEFITS OF AMERICAN LIFE FOR THEMSELVES
AND THEIR FAMILIES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06679-01-9

              

A. 5350                             2

  S 131. SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE  CITED  AS  THE
"NEW YORK STATE ENGLISH LANGUAGE EMPOWERMENT ACT".
  S 132. OFFICIAL STATE LANGUAGE. ENGLISH SHALL BE THE OFFICIAL LANGUAGE
OF  THE  GOVERNMENT  OF  THE STATE OF NEW YORK. 1. THE STATE OF NEW YORK
SHALL CONDUCT ALL OFFICIAL BUSINESS OF THIS STATE IN ENGLISH. ALL  OFFI-
CIAL  DOCUMENTS,  REGULATIONS, ORDERS, AND PUBLICATIONS SHALL BE PRINTED
IN ENGLISH  AND  ALL  OFFICIAL  PROGRAMS,  MEETINGS,  TRANSACTIONS,  AND
ACTIONS  CONDUCTED  BY  OR ON BEHALF OF THIS STATE AND ALL ITS POLITICAL
SUBDIVISIONS SHALL BE IN ENGLISH.
  2. A. OTHER LANGUAGES MAY BE USED  BY  GOVERNMENT  OFFICIALS,  AND  IN
OFFICIAL DOCUMENTS, WHENEVER NECESSARY TO:
  (I) PROTECT THE HEALTH, SAFETY, OR LIBERTY OF ANY CITIZEN;
  (II) TEACH OR STUDY OTHER LANGUAGES;
  (III)  PROTECT  THE  RIGHTS  OF  CRIMINAL DEFENDANTS OR THE VICTIMS OF
CRIME;
  (IV) PROMOTE TRADE, TOURISM, OR COMMERCE;
  (V) FACILITATE ACTIVITIES PERTAINING TO THE COMPILATION OF ANY CENSUS;
  (VI) COMPLY WITH THE FEDERAL INDIVIDUALS WITH  DISABILITIES  EDUCATION
ACT;
  (VII)  USE  PROPER NAMES, TERMS OF ART, OR PHRASES FROM LANGUAGE OTHER
THAN ENGLISH; OR
  (VIII) COMPLY WITH THE CONSTITUTION AND LAWS OF THE UNITED  STATES  OF
AMERICA, OR THE STATE CONSTITUTION.
  B.  EXCEPT IN EXIGENT CIRCUMSTANCES, WHEN AN OFFICIAL GOVERNMENT DOCU-
MENT IS TRANSLATED INTO ANY  LANGUAGE  OTHER  THAN  ENGLISH  UNDER  THIS
SECTION,  AN ENGLISH TRANSLATION WILL ALSO BE PROVIDED IN THE SAME DOCU-
MENT, APPEARING IN SUCH A MANNER AS TO AFFORD THE READER THE OPPORTUNITY
TO OBSERVE THE ENGLISH TRANSLATION OF ALL PHRASES USED.
  3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO:
  (I) DIMINISH THE USAGE OF, PREVENT THE STUDY  OR  DEVELOPMENT  OF,  OR
DISCOURAGE  THE  USE  OF, ANY NATIVE AMERICAN LANGUAGE IN ANY CONTEXT OR
FOR ANY PURPOSE;
  (II) PROHIBIT ANY ELECTED OFFICIAL FROM SPEAKING TO ANY  PERSON  IN  A
LANGUAGE  OTHER  THAN ENGLISH WHILE CAMPAIGNING OR PROVIDING CONSTITUENT
SERVICES, ALTHOUGH SUCH OFFICIALS ARE ENCOURAGED TO USE ENGLISH AS  MUCH
AS POSSIBLE TO PROMOTE FLUENCY IN ENGLISH;
  (III) DISPARAGE ANY LANGUAGE OR DISCOURAGE ANY PERSON FROM LEARNING OR
USING ANY LANGUAGE;
  (IV)  PROHIBIT  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 THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE;
OR
  (V) PROHIBIT INDIVIDUALS FROM UTILIZING TRANSLATION METHODS  OF  THEIR
OWN  PROVISION TO COMMUNICATE WITH AN OFFICIAL GOVERNMENT AGENT OR ENTI-
TY.
  4. AS USED IN THIS SECTION, "OFFICIAL" MEANS ANY GOVERNMENT ACTION  OR
DOCUMENT THAT BINDS THE GOVERNMENT, IS REQUIRED BY LAW, OR IS AUTHORIZED
BY LAW.
  S 2. This act shall take effect immediately.