Urge Congress to
defend English
Model official English
statute
Donate
Current Legislation
State Profiles
ProEnglish BLOG
Sign up for Twitter
Email sign up
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
|
|
Kansas' New Official English Law (was HB 2140)
Kansas recently became the 30th state to pass official English.
July 1: The new law takes effect.
M ay 12: Approved by Gov. Sebelius.
April 28: Re-engrossed, to be sent to the Governor for approval or veto.
April 27: Legislature voted 106 Yeas to 19 Noes to concur with
conference committee.
March 26: House voted against concurring with Senate version, 54 Yeas
to 66 Noes, sending the bill to conference committee to reconcile differences
between House and Senate versions.
March 20: Senate passed bill, 32 Yeas to 8 Noes.
March 14: Senate Committee on Federal and State Affairs recommends passage.
February 22: Bill referred to Senate Committee on Federal and State Affairs.
February 21: House passed bill, 114 Yeas to 7 Noes.
January 22: Bill referred to House Committee on Veterans, Military and
Homeland Security
January 19: Bill introuced to House, as HB 2140.
Official Legislative Brief for H.B. 2140, the enacted
official English bill
HB 2140, as amended, would designate English as the official language
of the State of Kansas for all public documents and official public meetings.
The bill would not diminish or expand existing rights. No state agency
or local government would be required to provide documents in a language
other than English, but may use other languages at the agency or local
government’s discretion. The bill authorizes the use of braille in signage
and documents, and communication in American sign language to accommodate
persons with disabilities.
The bill would require the local entities such as political subdivisions,
community-based agencies, migrant worker groups, and refugee resettlement
programs designated by the State Board of Regents to offer English language
classes, English language training, or citizenship classes for non-native
speakers and to seek assistance from listed groups in expanding awareness
of the available classes and training.
Background
The House Committee amended the bill to:
Clarify that agencies or local governments have the discretion to publish
official public documents in a language other than English or to permit
a person who does not speak English to use an interpreter to communicate
at an official public meeting;
Authorize the use of braille in signage and documents, and communication
in American sign language to accommodate persons with disabilities;
Delete the section providing for standing to sue for the enforcement of
this Act;
Clarify that this Act does not diminish or expand existing rights; and
Require the local entities such as political subdivisions, community-based
agencies, migrant worker groups, refugee resettlement programs designated
by the Kansas State Department of Education to offer English language
classes, training, or other educational services for nonnative speakers
and to seek assistance from listed groups in expanding awareness of the
available services.
The House Committee of the Whole amended the bill to make the State
Board of Regents, rather than the Kansas State Department of Education,
responsible for designating the local entity required to offer classes,
training, or citizenship classes for non-native speakers. The House Committee
of the Whole also amended the bill to establish the English as the Official
Language Competitive Grant Program to be awarded by the Board. A recipient
of the grant would be required to make periodic and special reports as
requested by the Board of Regents. The House Committee of the Whole requests
the grant would be funded with a $500,000 appropriation.
The Senate Committee deleted the House Committee of the Whole’s
amendment establishing the grant program and the $500,000 appropriation
request.
The fiscal note on the original bill from the Division of Budget
states that, if a state agency or local government no longer had to incur
the cost of preparing and translating documents to other languages, there
would be some savings realized. However, such savings cannot be estimated.
HOUSE BILL No. 2140
By Representatives Myers, Beamer, Carlson, Crum, Dahl, Faber, Grange,
M. Holmes, Humerickhouse, Kelsey, Kiegerl, McLeland, Judy Morrison, Jim
Morrison, Peck, Ruff and Schroeder
AN ACT designating English as the official language of the state
of Kansas and concerning its use by state agencies and political or taxing
subdivisions.
Be it enacted by the Legislature of the State of Kansas:
Section 1. [Designation of official langauge -ProEnglish ed.]
(a) English shall be designated as the official language of the state
of Kansas.
(b) The official language is designated as the language of any official
public document or record and any official public meeting:
(1) An official public document or record
is any document officially compiled, published or recorded by the state
including deeds, publicly probated wills, and any other document or record
required to be kept open for public inspection pursuant to the open records
act.
(2) An official public meeting is any meeting
required to be open pursuant to K.S.A. 75-4317 et seq., and amendments
thereto.
(c) Except as otherwise provided by law, no state agency or political
or taxing subdivision of the state shall be required to provide any documents,
information, literature or other written materials in any language other
than English. Nothing shall prohibit state agencies or political
or taxing subdivisions from:
(1) Publishing any official public document
or record in languages other than English at their discre-
tion, so long as the document or record is also published in English;
or
(2) permitting a person who does not speak
English to speak or communicate at an official public meeting with the
assistance of an interpreter.
Sec. 2. [Exemptions - ProEnglish ed.]
A state agency or political or taxing subdivision, or its officers
or employees, may use a language other than the English language to:
(a) Provide information orally to individuals in the course of delivering
services to the general public;
(b) comply with federal law;
(c) protect the public health or safety;
(d) protect the rights of parties and witnesses in a civil or criminal
action in a court or in an administrative proceeding;
(e) provide instruction in foreign and native American language courses;
(f) provide instruction designed to aid students with limited English
proficiency so they can make a timely transition to use of the English
language in the public schools;
(g) promote international commerce, trade or tourism;
(h) use terms of art or phrases from languages other than the English
language in documents.;
(i) provide signage and documents in braille; and
(j) communicate in American Sign Language.
Sec. 3. [Rights Reserved-ProEnglish ed.]
This act shall not be construed in any way to infringe upon the rights
of citizens under the constitution of the state of Kansas or the constitution
of the United States in the use of language in any private activity. No
agency or officer of the state or any political or taxing subdivision
of the state may place any restrictions or requirements regarding language
usage in any business operating in the private sector other than official
documents, forms, submissions or other communications directed
to government agencies and officers, which communications shall be in
the common language as recognized in this act.
Sec. 4. [Status of native languages -ProEnglish ed.]
This act may not be construed in any way to limit the use of any other
language by a tribal government of native Americans located in the state
of Kansas. A school district and a tribe, by mutual agreement, may provide
for the instruction of students that recognizes the cultural identity
of native American children and promotes the use of a common language
for communication.
Sec. 5. [Legal context - ProEnglish ed.]
Nothing in this act shall diminish or expand any existing rights under
the laws of Kansas or the United States relative to services or materials
provided by the government of Kansas in any language other than English.
Sec. 6. [Value and use of foreign languages-ProEnglish ed.]
The state of Kansas recognizes the importance of establishing and actively
promoting English language classes, English language training or citizenship
classes for non-native speakers. The local entity designated by the state
board of regents to offer such services shall seek the assistance of local
political subdivisions, community-based agencies and organizations, migrant
worker groups, refugee resettlement programs, schools, churches and others
in making non-native speakers aware
of the availability of such classes and training and ensuring their continuation
and expansion.
Sec. 7. [Severability -ProEnglish ed.]
The provisions of this act are severable and any provision held invalid
shall not affect or impair any of the remaining provisions of this act.
Sec. 8. [Enactment -ProEnglish ed.]
This act shall take effect and be in force from and after its publication
in the statute book.
LANGUAGE NUMBER
Population 5 years and over 2,500,360 100.0
Speak only English 2,281,705 91.3
Speak a language other than English 218,655 8.7
Spanish or Spanish Creole 137,247 5.5
German 16,821 0.7
Vietnamese 10,393 0.4
French (incl. Patois, Cajun) 6,591 0.3
Chinese 6,473 0.3
Korean 3,666 0.1
Laotian 3,147 0.1
Arabic 2,834 0.1
Tagalog 2,237 0.1
Russian 1,994 0.1
|
|
