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                                                       PRINTER'S NO. 414

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 402 Session of 2001


        INTRODUCED BY WOZNIAK, M. WHITE, STOUT, MADIGAN, MUSTO, CORMAN,
           THOMPSON, BOSCOLA, LOGAN AND RHOADES, FEBRUARY 12, 2001

        REFERRED TO STATE GOVERNMENT, FEBRUARY 12, 2001

                                     AN ACT

     1  Recognizing the current and historical common language of the
     2     citizens of the United States; designating the use of the
     3     common language for official acts of this Commonwealth and
     4     its municipalities; and providing for enforcement.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7  Section 1.  Short title.
     8     This act shall be known and may be cited as The Pennsylvania
     9  Language of Governments Act.
    10  Section 2.  Legislative findings.
    11     The General Assembly finds and declares as follows:
    12         (1)  The people of the United States have brought to this
    13     nation the cultural heritage of many nations.
    14         (2)  Our communities have been greatly enriched by this
    15     cultural diversity, and the government has always taken steps
    16     to promote the dignity of all the heritages that form this
    17     nation's pluralistic society.
    18         (3)  The people of the United States, despite their many
    19     differences, have lived together harmoniously and

     1     productively as citizens of one nation.
     2         (4)  The traditional and common language of the United
     3     States and of this Commonwealth has always been English.
     4         (5)  A knowledge of the common language is essential to
     5     full exercise of constitutional freedoms, informed and
     6     knowledgeable empowerment as voters, citizen checks against
     7     government abuses and individual prosperity and independence.
     8         (6)  The English language has been our strongest bond to
     9     one another as fellow citizens and has contributed
    10     substantially to national unity and societal cohesiveness.
    11         (7)  English has been this nation's language by custom
    12     only and warrants special legal protection.
    13         (8)  Government has a fiduciary responsibility to the
    14     citizenry to ensure that it operates as efficiently as
    15     possible, and the growth of multiple language bureaucracies
    16     and printing represents an abrogation of this fiduciary
    17     responsibility.
    18         (9)  Government has a responsibility to protect the civil
    19     rights of the citizenry, and the development of separate-but-
    20     equal bureaucracies operating in multiple languages
    21     represents an abrogation of the government's responsibility
    22     to provide uniform, consistent services to all citizens.
    23         (10)  As government has a responsibility to limit the
    24     growth of multiple language bureaucracies to prevent the
    25     isolation of cultural groups, the Commonwealth and its
    26     municipalities and the Federal Government also have a
    27     responsibility to ensure that citizens have opportunities to
    28     learn English.
    29  Section 3.  Purpose.
    30     (a)  Unifying role.--It is the purpose of this act to
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     1  preserve, protect and strengthen the unifying role of the common
     2  language of the United States and of this Commonwealth.
     3     (b)  Rights preserved.--This act shall not be construed in
     4  any way to infringe the rights of citizens, who have every right
     5  to choose their own primary language, in the use of language for
     6  private conduct, nor shall this act be used to dictate language
     7  policies for the operation and administration of organizations
     8  or businesses in the unregulated private sector.
     9  Section 4.  Definitions.
    10     The following words and phrases when used in this act shall
    11  have the meanings given to them in this section unless the
    12  context clearly indicates otherwise:
    13     "Official acts of government."  Actions of the Commonwealth
    14  and of its municipalities that carry the full weight and
    15  authority of law, official documents recorded and maintained by
    16  the Commonwealth and its municipalities for the public domain,
    17  including, but not limited to, tax records, professional
    18  licenses, deeds, real estate records, publicly probated wills
    19  and other documents of the courts system and public proceedings
    20  of the governing bodies of the Commonwealth and its
    21  municipalities.
    22  Section 5.  Designation of language of official acts.
    23     English is hereby recognized as the common language of the
    24  United States and this Commonwealth and shall also be designated
    25  as the language of official acts of government of the
    26  Commonwealth and its municipalities.
    27  Section 6.  Policies.
    28     The Commonwealth and its municipalities shall make no
    29  policies expressing a preference for any language other than the
    30  official language or diminishing or ignoring the unifying role
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     1  of the official language, as designated in this act, subject to
     2  the limitations in section 8.
     3  Section 7.  Enforcement.
     4     Elected and appointed officers of this Commonwealth and its
     5  municipalities shall take all reasonable steps to ensure that
     6  the role of the common language is preserved and enhanced.
     7  Section 8.  Limitations.
     8     The provisions of this act shall not apply to the following:
     9         (1)  When Federal law imposes contrary provisions.
    10         (2)  When the public safety, health or justice requires
    11     the use of other languages.
    12         (3)  Instruction in foreign language courses.
    13         (4)  Instruction designed to aid students with limited
    14     English proficiency in their transition and integration into
    15     the education system.
    16         (5)  The promotion of international commerce or tourism.
    17  Section 9.  Appropriations.
    18     The General Assembly and the governing bodies of
    19  municipalities shall make no appropriations to promote the use
    20  of or demonstrate a preference for any language other than the
    21  official language, as designated in this act, subject to the
    22  limitations in section 8.
    23  Section  10.  Effective date.
    24     This act shall take effect July 4, 2001.




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