Urge Congress to
defend English
Model official English
statute
Donate
Current Legislation
State Profiles
Official English
Bilingual Education
English on the Job
Citizenship and
Immigration
Bilingual Ballots
Puerto Rican
Statehood
Ending E.O. 13166,
the "Multilingual Mandate"
Contact us:
1601 N. Kent St.
Suite 1100
Arlington, VA
22209
ph: (703) 816-8821
|
|
Legal Status of official English in Utah
In 2000, this state passed an initiative making English the state's official
language, which was recently upheld by a state court. ProEnglish successfully
intervened after the Attorney General's office defended the law only by
insisting it was merely symbolic, and the court upheld that the law should
be interpreted in a meaningful way.
Languages in Utah
The foreign languages most commonly spoken as the primary language in
a home in Indiana are: Spanish or Spanish Creole (115,587)
German (10,502)
Other Pacific Island languages (6709)*
French (incl. Patois, Cajun) (6240)
Chinese (6149)
Portuguese or Portuguese Creole (4969)
Japanese (4514)
Vietnamese (4207).
There are 7086 speakers of Navajo in Utah, and several thousand speakers
of other indigenous North American languages.
*The census category, "Pacific Island languages" includes both
native and foreign languages.
Utah's official English law (2002)
AN ACT RELATING TO STATE AFFAIRS IN GENERAL; DECLARING ENGLISH TO BE THE
OFFICIAL LANGUAGE FOR THE CONDUCT OF GOVERNMENT BUSINESS IN UTAH; REQUIRING
THE RETURN TO THE GENERAL FUND OF ANY FUNDS APPROPRIATED OR DESIGNATED
FOR PROVIDING SERVICES IN ANOTHER LANGUAGE; AND PROVIDING EXCEPTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
63-13-1.5. Utah Code Annotated 1953
Section 1. Section 63-13-1.5 is enacted to read:
63-13-1.5. Official state language.
(1) English is declared to be the official language of Utah.
(2) As the official language of this State, the English language is the
sole language of the government, except as otherwise provided in this
section.
(3) Except as provided in Subsection (4), all official documents, transactions,
proceedings, meetings, or publications issued, conducted, or regulated
by, on behalf of, or representing the state and its political subdivisions
shall be in English.
(4) Languages other than English may be used when required:
(a) by the United States Constitution, the Utah State Constitution, federal
law, or federal regulation;
(b) by law enforcement or public health and safety needs;
(c) by public and higher education systems according to rules made by
the State Board of Education and the State Board of Regents to comply
with Subsection (5);
(d) in judicial proceedings, when necessary to insure that justice is
served;
(e) to promote and encourage tourism and economic development, including
the hosting of international events such as the Olympics; and
(f) by libraries to:
(i) collect and promote foreign language materials; and
(ii) provide foreign language services and activities.
(5) The State Board of Education and the State Board of Regents shall
make rules governing the use of foreign languages in the public and higher
education systems 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 of children 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.
(6) Unless exempted by Subsection (4), 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 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 Division of Finance that those monies exist and the amount
of those monies; and
(ii) return those monies to the Division of Finance.
(b) The Division of Finance shall account for those monies and inform
the Legislature of the existence and amount of those monies at the beginning
of the Legislature's annual general session.
(c) The Legislature may appropriate any monies received under this section
to the State School Board for use in English as a Second Language programs.
(7) Nothing in this section affects the ability of government employees,
private businesses, non-profit organizations, or private individuals to
exercise their rights under:
(a) the First Amendment of the United States Constitution; and
(b) Utah Constitution, Article 1, Sections 1 and 15.
(8) If any provision of this section, or the application of any such provision
to any person or circumstance, is held invalid, the remainder of this
act shall be given effect without the invalid provision or application.
Sec. 2. NEW SECTION. 4.14 GENERAL RULES OF CONSTRUCTION FOR ENGLISH LANGUAGE
LAWS.
It is presumed that English language requirements in the public sector
are consistent with the laws of Iowa and any ambiguity in the English
language text of the laws of Iowa shall be resolved, in accordance with
the ninth and tenth amendments of the Constitution of the United States,
not to deny or disparage rights retained by the people, and to reserve
powers to the states or to the people.
Sec. 3. CITATION. This Act may be cited as the "Iowa English Language
Reaffirmation Act of 2001".
|
|