H. B. 3014
(By Delegates Argento and Martin)
[Introduced March 10, 2009; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §2-2A-1, §2-2A-2 and
§2-2A-3, all relating to requiring all government documents to
be printed in English; providing definitions; and permitting
a civil action to enforce article and recovery of costs.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §2-2A-1, §2-2A-2 and
§2-2A-3, all to read as follows:
ARTICLE 2A. LANGUAGE OF OFFICIAL DOCUMENTS IN WEST VIRGINIA.
§2-2A-1. Official documents to be printed in English.
Official documents of the State of West Virginia shall be
printed in English.
§2-2A-2. Definitions.
Unless the context clearly requires a different meaning, as used in this article:
(a) "Government" includes all laws, public proceedings, rules,
publications, orders, actions, programs, policies, departments,
boards, agencies, organizations and instrumentalities of this state
or political subdivisions of the state, as appropriated under the
circumstances to a particular official action.
(b) "Official documentation" includes the documentation on
behalf of this state or a political subdivision or this state or
required by state law that appears to present the views, position
or imprimatur of the state or political subdivision or that binds
or commits the state or political subdivision, but does not
include:
(1) The teaching of or the encouragement of learning languages
other than English.
(2) Documents required under the federal Individuals With
Disabilities Education Act or other federal laws.
(3) Documents or policies necessary for tourism, commerce or
international trade.
(4) Documents that protect the public health and safety,
including law enforcement and emergency services.
(5) Documents that protect the rights of victims of crimes or
criminal defendants.
(6) Using terms of art or phrases from languages other than
English.
(7) Using or preserving Native American languages.
(8) Providing assistance to hearing impaired or illiterate
persons.
(9) Informal and nonbinding translations or communications
among or between representatives of government and other persons if
this activity does not affect or impair supervision, management,
conduct or execution of official actions and if the representatives
of government make clear that these translations or communications
are unofficial and are not binding on this state or a political
subdivision of this state.
(10) Documents necessary to preserve the right to petition for
the redress of grievances.
(c) "Preserve, protect and enhance the role of English"
includes:
(1) Avoiding any official actions that ignore, harm or
diminish the role of English as the language of government.
(2) Protecting the rights of persons in this state who use
English.
(3) Encouraging greater opportunities for individuals to learn
the English language.
(4) To the greatest extent possible under federal statute,
providing services, programs, publications, documents and materials
in English.
§2-2A-3. Standing; notification of Attorney General; recovery of costs.
(a) A person who resides or does business in this state may
file a civil action for relief from any official action that
violates the provisions of this article in a manner that causes
injury to the person.
(b) A person who resides or does business in this state and
who contends that the provisions of this article are not being
implemented or enforced may file a civil action to determine if the
failure or inaction complained of is a violation of this article
and for injunctive or mandatory relief.
(c) A person may not file an action under the provisions of
this section unless the person has notified the Attorney General of
the alleged violation and the Attorney General or other appropriate
representative of government has not provided appropriate relief
within a reasonable time under the circumstances. An action filed
under the provisions of this section may be in addition to or in
lieu of any action by officers of this state, including the
Attorney General.
(d) A person who files and is successful in an action under
the provisions of this section may be awarded all costs expended or
incurred in the action, including reasonable attorney fees.
NOTE: The purpose of this bill is to require all government
documents to be printed in English. It provides definitions and
permitting a civil action to enforce the provisions of the article and recovery of costs.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.