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H. B. No. 553 As Introduced
As Introduced
| 126th General Assembly | | Regular Session | | 2005-2006 |
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Representatives Combs, Reidelbach, Brinkman, Blasdel, Seitz, Domenick, Reinhard, Law, Fessler, Gilb, Aslanides
A BILL
To enact section 5.15 of the Revised Code to require
the use of the English language by state and local
government entities in official actions and
proceedings, subject to certain exceptions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.
That section 5.15 of the Revised Code be enacted
to read as follows:
Sec. 5.15. (A) As used in this section:
(1) "Meeting" and "public body" have the same meanings as in
section 121.22 of the Revised Code.
(2) "Political subdivision" means a municipal corporation,
township, county, school district, or other body corporate and
politic responsible for governmental activities in a geographic
area smaller than that of the state. (3) "Public record" has the same meaning as in section
149.43 of the Revised Code.
(4) "State agency" means every organized body, office, or
agency, including the general assembly and the courts, established
by the laws of the state for the exercise of any function of state
government.
(B) Except as otherwise provided in division (C) of this
section or in section 317.113 or another section of the Revised
Code, the English language shall be used for each public record,
for each meeting of a public body, and for each official action of
any state agency or political subdivision, including each document
or other type of record prepared, meeting held, policy issued, or
other action taken under color of law.
This section does not impose an English language use
requirement upon any entity other than a public body, state
agency, or political subdivision and does not infringe on the right
of any individual to choose that individual's primary language.
(C) A public body, state agency, or political subdivision
through its officers or employees may use a language other than
the English language, notwithstanding division (B) of this
section, to do any of the following: (1) Comply with federal law;
(2) Comply with state law; (3) Protect or promote the public health, safety, or
welfare; (4) Protect the rights of parties and witnesses in a civil
or criminal action or proceeding in a court or in an
administrative proceeding;
(5) Provide instruction in foreign language courses; (6) Provide instruction designed to aid students with
limited English language proficiency so they can make a timely
transition to use of the English language in the public schools; (7) Promote international commerce, trade, or tourism; (8) Utilize in documents terms of art or phrases from
languages other than the English language; (9) Engage in informal and nonbinding translations or communications among or between these representatives of government and other individuals if this activity does not affect or impair supervision, management, conduct, or execution of official actions and if these representatives of government make clear that the translations or communications are unofficial and are not binding on the state or a political subdivision. (D) No public body, state agency, or political subdivision shall deny any individual employment solely on the basis that the individual lacks facility in a foreign language, except when that facility is a bona fide employment requirement to achieve a purpose for which the public body, state agency, or political subdivision may use a language other than the English language under division (C) of this section. (E) All projected expenditures to be made during a budget period by a public body, state agency, or political subdivision that are related to the use under division (C) of this section of interpreters for, or the preparation, translation, printing, or recording under division (C) of this section of documents, records, brochures, pamphlets, flyers, or other informational materials in, languages other than the English language shall, as appropriate to the public body, state agency, or political subdivision, be delineated in an individual appropriation item or categorized in a separate and distinct manner that indicates the proposed expenditure. (F) Any resident of the state has standing to commence a mandamus action to obtain a judgment that orders a public body, state agency, or political subdivision to comply with this section. The mandamus action may be commenced in the court of common pleas of the county in which the resident resides. (G) Nothing in this section shall be construed to limit or otherwise affect the voting or civil rights of any person.
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