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House Amendment 8085

Amendment Text

PAG LIN
  1  1    Amend Senate File 165, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  By striking everything after the enacting
  1  4 clause and inserting the following:
  1  5    "Section 1.  NEW SECTION.  1.18  GOVERNMENT
  1  6 OFFICIAL ACTION LANGUAGE.
  1  7    1.  Except as otherwise provided for in subsections
  1  8 2 and 3, the English language shall be the language of
  1  9 government in Iowa.  All official documents,
  1 10 regulations, orders, transactions, proceedings,
  1 11 programs, meetings, publications, or actions taken or
  1 12 issued, which are conducted or regulated by, or on
  1 13 behalf of, or representing the state and all of its
  1 14 political subdivisions shall be in the English
  1 15 language.
  1 16    For the purposes of this section, "official action"
  1 17 means any action taken by the government in Iowa or by
  1 18 an authorized officer or agent of the government in
  1 19 Iowa that does any of the following:
  1 20    a.  Binds the government.
  1 21    b.  Is required by law.
  1 22    c.  Is otherwise subject to scrutiny by either the
  1 23 press or the public.
  1 24    2.  This section shall not apply to:
  1 25    a.  The teaching of languages.
  1 26    b.  Requirements under the federal Individuals with
  1 27 Disabilities Education Act.
  1 28    c.  Actions, documents, or policies necessary for
  1 29 trade, tourism, or commerce.
  1 30    d.  Actions or documents that protect the public
  1 31 health and safety.
  1 32    e.  Actions or documents that facilitate activities
  1 33 pertaining to compiling any census of populations.
  1 34    f.  Actions or documents that protect the rights of
  1 35 victims of crimes or criminal defendants.
  1 36    g.  Use of proper names, terms of art, or phrases
  1 37 from languages other than English.
  1 38    h.  Any language usage required by or necessary to
  1 39 secure the rights guaranteed by the Constitution and
  1 40 laws of the United States of America or the
  1 41 Constitution of the State of Iowa.
  1 42    i.  Any oral or written communications,
  1 43 examinations, or publications produced or utilized by
  1 44 a driver's license station, provided public safety is
  1 45 not jeopardized except that examinations for
  1 46 commercial driver's licenses shall be given only in
  1 47 the English language.
  1 48    3.  Nothing in this section shall be construed to
  1 49 do any of the following:
  1 50    a.  Prohibit an individual member of the general
  2  1 assembly or officer of state government, while
  2  2 performing official business, from communicating
  2  3 through any medium with another person in a language
  2  4 other than English, if that member or officer deems it
  2  5 necessary or desirable to do so.
  2  6    b.  Limit the preservation or use of Native
  2  7 American languages, as defined in the federal Native
  2  8 American Languages Act of 1992.
  2  9    c.  Disparage any language other than English or
  2 10 discourage any person from learning or using a
  2 11 language other than English.
  2 12    Sec. 2.  NEW SECTION.  4.14  GENERAL RULES OF
  2 13 CONSTRUCTION FOR ENGLISH LANGUAGE LAWS.
  2 14    It is presumed that English language requirements
  2 15 in the public sector are consistent with the laws of
  2 16 Iowa and any ambiguity in the English language text of
  2 17 the laws of Iowa shall be resolved, in accordance with
  2 18 the ninth and tenth amendments of the Constitution of
  2 19 the United States, not to deny or disparage rights
  2 20 retained by the people, and to reserve powers to the
  2 21 states or to the people.
  2 22    Sec. 3.  CITATION.  This Act may be cited as the
  2 23 "Government Official Action Language Act of 2002"."
  2 24    #2.  Title page, by striking lines 1 and 2, and
  2 25 inserting the following:  "An Act relating to the
  2 26 government official action language Act of 2002." 
  2 27 
  2 28 
  2 29                               
  2 30 MYERS of Johnson
  2 31 SF 165.363 79
  2 32 av/cf
     

Text: H08084                            Text: H08086
Text: H08000 - H08099                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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