S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5379
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2019
                                ___________
 
 Introduced  by  M.  of  A.  DiPIETRO, HAWLEY, McDONOUGH -- 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.
   §  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.
   §  131.  SHORT  TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE
 "NEW YORK STATE ENGLISH LANGUAGE EMPOWERMENT ACT".
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04915-01-9

 A. 5379                             2
 
   § 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:
   A.  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;
   B.  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;
   C. DISPARAGE ANY LANGUAGE OR DISCOURAGE ANY PERSON  FROM  LEARNING  OR
 USING ANY LANGUAGE;
   D.  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
   E. 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.
   § 2. This act shall take effect immediately.