2002 Legislation
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SENATE BILL NO. 1469 – English, official language

SENATE BILL NO. 1469

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S1469......................................................by STATE AFFAIRS
ENGLISH LANGUAGE - Adds to existing law to provide that English shall be
the official language of the state of Idaho; to provide application; to
provide exceptions; and to provide for rules of construction for English
language in the laws of Idaho.
                                                                        
02/21    Senate intro - 1st rdg - to printing
02/22    Rpt prt - to St Aff

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1469
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE OFFICIAL LANGUAGE OF THE STATE OF  IDAHO;  PROVIDING  A  SHORT
  3        TITLE; PROVIDING LEGISLATIVE FINDINGS; AMENDING CHAPTER 1, TITLE 73, IDAHO
  4        CODE, BY THE ADDITION OF A NEW SECTION 73-123, IDAHO CODE, TO PROVIDE THAT
  5        ENGLISH  SHALL  BE THE OFFICIAL LANGUAGE OF THE STATE OF IDAHO, TO PROVIDE
  6        APPLICATION, TO PROVIDE EXCEPTIONS, TO PROVIDE FOR RULES  OF  CONSTRUCTION
  7        FOR ENGLISH LANGUAGE IN THE LAWS OF IDAHO; AND PROVIDING SEVERABILITY.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  SHORT  TITLE.   This  act  may be cited as the "Idaho English
 10    Reaffirmation Act of 2002."
                                                                        
 11        SECTION 2.  LEGISLATIVE FINDINGS. The Legislature of the  State  of  Idaho
 12    finds and declares the following:
 13        (1)  The  state  of Idaho is comprised of individuals from diverse ethnic,
 14    cultural and linguistic backgrounds.
 15        (2)  Throughout the history of Idaho and the  United  States,  the  common
 16    thread  binding individuals of differing backgrounds has been the English lan-
 17    guage.
 18        (3)  Among the powers reserved to the states respectively is the power  to
 19    establish  the  English  language  as  the official language of the respective
 20    states, and otherwise to promote the English language  within  the  respective
 21    states,  subject  to  the  prohibitions  enumerated in the Constitution of the
 22    United States and in laws of the respective states.
                                                                        
 23        SECTION 3.  That Chapter 1, Title 73, Idaho Code,  be,  and  the  same  is
 24    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 25    ignated as Section 73-123, Idaho Code, and to read as follows:
                                                                        
 26        73-123.  OFFICIAL LANGUAGE OF THE STATE OF IDAHO. (1) In order to  encour-
 27    age  every citizen of this state to become more proficient in the English lan-
 28    guage, thereby facilitating participation in the economic, political and  cul-
 29    tural  activities  of this state of the United States, the English language is
 30    hereby declared to be the official language of the state of Idaho.
 31        (2)  Except as otherwise provided in subsection (3) of this  section,  the
 32    English  language  shall  be the language of government in Idaho. All official
 33    documents, rules, orders, transactions, proceedings, programs, meetings,  pub-
 34    lications  or actions taken or issued, which are conducted or regulated by, or
 35    on behalf of, or representing the state and all of its political  subdivisions
 36    shall be in the English language.
 37        (3)  This section shall not apply to:
 38        (a)  The teaching of languages;
 39        (b)  Requirements  under  the federal individuals with disabilities educa-
 40        tion act;
 41        (c)  Actions, documents or policies necessary for trade  tourism  or  com-
                                                                        
                                           2
                                                                        
  1        merce;
  2        (d)  Actions or documents that protect the public health and safety;
  3        (e)  Actions  or documents that facilitate the activities which pertain to
  4        the compiling of any census of population;
  5        (f)  Actions that protect the rights of  victims  of  crimes  or  criminal
  6        defendants;
  7        (g)  Using proper names, terms of art or phrases from languages other than
  8        English;
  9        (h)  Any  language usage required by or necessary to secure rights guaran-
 10        teed by the constitution and laws of the United States of America  or  the
 11        constitution of the state of Idaho.
 12        (4)  Nothing in this section shall be construed:
 13        (a)  To  prohibit  an  individual  member of the legislature or officer of
 14        state government, while performing official business,  from  communicating
 15        through  any  medium with another person in a language other than English,
 16        if that officer or member deems it necessary or desirable to do so;
 17        (b)  To limit the preservation or use of  native  American  languages,  as
 18        defined in the federal native American languages act;
 19        (c)  To  disparage  any  language  other than English or to discourage any
 20        person from learning or using a language other than English.
 21        (5)  For purposes of all laws of the state of Idaho:
 22        (a)  English language requirements and workplace policies, whether in pub-
 23        lic or private employment,  shall be  presumptively  consistent  with  the
 24        laws of Idaho; and
 25        (b)  Any ambiguity in the English language text of the laws of Idaho shall
 26        be  resolved  in  accordance with the last two (2) articles of the bill of
 27        rights of the United States constitution, not to deny or disparage  rights
 28        retained  by the people, and to reserve powers to the states respectively,
 29        or to the people.
                                                                        
 30        SECTION 4.  SEVERABILITY. The provisions of this act are  hereby  declared
 31    to  be  severable  and if any provision of this act or the application of such
 32    provision to any person or circumstance is declared invalid  for  any  reason,
 33    such  declaration  shall  not affect the validity of the remaining portions of
 34    this act.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                           RS 11976

The purpose of this proposal is to add a new section to the Idaho 
Code for the purpose of declaring English to be the official 
language of the State. It requires all state business to be 
conducted in English. Exceptions are provided for compliance with 
the State Constitution, the United States Constitution, and federal 
laws and regulations, and for school systems use to promote 
proficiency in English and teach foreign languages as established 
by the State Board of Education.

                        FISCAL IMPACT

There is no fiscal impact on the state general fund.



Contact
Name:  Senator Sheila Sorensen
Phone: 332-1319





STATEMENT OF PURPOSE/FISCAL NOTE               S 1469