S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    163
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04915-01-9

 S. 163                              2
 
   §  131.  SHORT  TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE
 "NEW YORK STATE ENGLISH LANGUAGE EMPOWERMENT ACT".
   § 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.