Official English law in Idaho (2007)

ENGLISH – OFFICIAL LANGUAGE –

Amends existing law to declare English to be the official state language;
-to provide that English is the sole language of government, subject to exceptions;
-to provide that specified actions shall be in English, subject to exceptions;
-to provide exceptions;
-to provide for the return of specified funds to the state General Fund;
-to provide duties for state agencies;
-to provide duties for the State Controller;
-to provide the State Board of Education rulemaking authority governing the use of foreign languages in the public schools;
and to provide for recognition of specified constitutional rights.

Status: Passed.

March 7th: Approved by Senate, 20-15.

AYES — Bair, Bastian, Cameron, Darrington, Davis, Fulcher, Geddes, Goedde, Heinrich, Hill, Jorgenson, Keough, Little, Lodge, McGee, McKague, McKenzie, Pearce, Richardson, Siddoway

NAYS — Andreason, Bilyeu, Broadsword, Burkett, Coiner, Corder, Gannon, Hammond, Kelly, Langhorst, Malepeai, Schroeder, Stegner, Stennett, Werk

March 19th: Approved by House, 46-20-4.

AYES — Anderson, Andrus, Barrett, Bayer, Bedke, Bilbao, Block, Bolz, Brackett, Bradford, Chadderdon, Clark, Collins, Crane, Edmunson, Eskridge, Hagedorn, Hart, Henderson, Kren, Labrador, Lake, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Patrick, Raybould, Roberts, Schaefer, Shepherd(2nd), Shepherd(8th), Shirley, Snodgrass, Stevenson, Thayn, Vander Woude, Wills, Wood(27th), Wood(35th), Mr. Speaker

NAYS — Bell, Bock, Boe, Chavez, Chew, Durst, Henbest, Jaquet, Killen, King, LeFavour, Pasley-Stuart, Pence, Ring, Ringo, Ruchti, Rusche, Sayler, Shively, Smith(30th)

ABSENT AND EXCUSED — Black, Harwood, Smith(24th), Trail
(Legislators with common last names are distinguished by their district, which is in parentheses.)

March 28th: Signed by Governor, to take effect July 1, 2007.

Bill Text
Senate Bill No. 1172

An Act relating to English as Idaho’s official language, amending Section 73-121, Idaho Code, to o declare English to be the official state language;

-to provide that English is the sole language of government, subject to exceptions;
-to provide that specified actions shall be in English, subject to exceptions;
-to provide exceptions;
-to provide for the return of specified funds to the state General Fund;
-to provide duties for state agencies;
-to provide duties for the State Controller;
-to provide the State Board of Education rulemaking authority governing the use of foreign languages in the public schools;
and to provide for recognition of specified constitutional rights.

Be It Enacted by the Legislature of the State of Idaho:

SECTION 1. That Section 73-121, Idaho Code, be, and the same is hereby amended to read as follows:

73-121. CERTAIN DOCUMENTS TO BE IN ENGLISH THE OFFICIAL STATE LANGUAGE.

(1) English is hereby declared to be the official language of the state of Idaho.

(2) Except as provided in this section, the English language is the sole language of the government.

(3) Except as provided in subsection (4) of this section, any document, certificate or instrument required to be filed, recorded or endorsed by any officer of this state, or of any county, city or district in this state, shall be in the English language or shall be accompanied by a certified translation in English and all transactions, proceedings, meetings or publications issued, conducted or regulated by, or on behalf of, or representing the state of Idaho, or any county, city or other political subdivision in this state shall be in the English language.

(4) Language other than English may be used when required:

• (a) By the United States Constitution, the Idaho Constitution, federal law or federal regulation;
• (b) By law enforcement or public health and safety needs;
• (c) By public schools according to the rules promulgated by the state board of education pursuant to subsection (6) of this section;
• (d) By the public postsecondary educational institutions to pursue educational purposes;
• (e) To promote and encourage tourism and economic development, including the hosting of international events;
• (f) To change the use of non-English terms of art, phrases, proper names or expressions included as part of communication otherwise in English; and
• (g) By libraries to:

(i) Collect and promote foreign language materials; and
(ii) Provide foreign language services and activities.
(5) Unless exempted by subsection (4) of this section, all state funds appropriated or designated for the printing or translation of materials or the provision of services or information in a language other than English shall be returned to the state general fund.

• (a) Each state agency that has state funds appropriated or designated for the printing or translation of materials or the provision of services or information in a language other than English shall:

(i) Notify the state controller that those moneys exist and the amount of those moneys; and
(ii) Return those moneys to the state controller for deposit into the state general fund.

• (b) The state controller shall account for those moneys and inform the legislature of the existence and amount of those moneys at the beginning of the legislature’s annual general session.

(6) The state board of education shall make rules governing the use of foreign languages in the public schools that promote the following principles:

• (a) Non-English speaking children and adults should become able to read, write and understand English as quickly as possible;
• (b) Foreign language instruction should be encouraged;
• (c) Formal and informal programs in English as a second language should be initiated, continued and expanded; and
• (d) Public schools should establish communication with non-English speaking parents within their systems, using a means designed to maximize understanding when necessary, while encouraging those parents who do not speak English to become more proficient in English.

(7) Nothing in this section shall restrict the rights of governmental employees, private businesses, not-for-profit organizations or private individuals to exercise their right under the first amendment of the United States constitution or section 9, article I, of the Idaho constitution.

SECTION 2. SEVERABILITY. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.

Statement of Purpose
RS 17031

English is Idaho’s Official Language.

In the beginning Idaho was comprised of individual from many ethnic, cultural, and linguistic backgrounds, and as a people we continue to benefit from this rich diversity.

Idaho was able to build a state from this widespread and diverse background because of a binding common thread…The English language. A common language has allowed us to discuss, debate, and come to agreement on difficult issues. The need is just as great today. The purpose of this bill is to have an official language become our common language.

This bill provides:

• 1. That English is the sole language of government subject to exceptions.
• 2. To provide that specified action shall be in English subject to exceptions.
• 3. To prohibit use of state funds for specified activities.
• 4. To provide for the return of specified funds to the state general fund.
• 5. To provide duties of state agencies, and the State Controller.
• 6. To provide the State Board of Education rulemaking authority governing the use of foreign languages in public schools.
• 7. To provide for recognition of enumerated rights in the Constitution of the United States and the Constitution of the State of Idaho.
• 8. Provide for severability.

This bill will place no restrictions on private business or what language citizens speak in their private lives.

Fiscal Note:
There should be no increased expenditures. There is a possibility of returning money to the General Fund. This bill would save taxpayers from the expense of unnecessary printing.

Co-Sponsors:

• Senator John McGee Representative JoAn Wood
• Senator Monty Pearce Representative Larry Bradford
• Senator Mike Jorgenson Representative Gary Collins
• Senator Jeff Siddoway Representative Lenore Barrett
• Senator Steve Bair Representative Mack Shirley
• Senator Patty Ann Lodge Representative Jim Patrick
• Senator Shirley McKague Representative Ken Roberts
• Senator Russ Fulcher Representative Paul shepherd

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LANGUAGES SPOKEN IN IDAHO

1,084,914	English
111,879	All languages other than English combined
80,241	Spanish or Spanish Creole
5,666	German
3,345	French (incl. Patois, Cajun)
2,020	Other Native North American languages
1,694	Serbo-Croatian
1,651	Japanese
1,456	Chinese
1,374	Portuguese or Portuguese Creole
1,213	Vietnamese
1,119	Tagalog
1,113	Russian
1,106	Italian
970	Scandinavian languages
874	Korean
679	Laotian
387	Polish
344	Arabic
338	Hindi
297	Greek
273	Thai
266	Navajo
209	African languages
192	Hungarian
185	Persian
122	Hebrew
90	Gujarathi
49	Urdu
39	French Creole
33	Mon-Khmer, Cambodian
30	Armenian
25	Yiddish
0	Miao, Hmong