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To enact sections 5.15, 5.151, and 5.152 of the | 1 |
Revised Code to require the use of the English | 2 |
language by state and local government entities | 3 |
in official actions and proceedings, subject to | 4 |
certain exceptions. | 5 |
Section 1. That sections 5.15, 5.151, and 5.152 of the | 6 |
Revised Code be enacted to read as follows: | 7 |
Sec. 5.15. As used in sections 5.151 and 5.152 of the Revised | 8 |
Code: | 9 |
(A) "Meeting" and "public body" have the same meanings as in | 10 |
section 121.22 of the Revised Code. | 11 |
(B) "Political subdivision" means a municipal corporation, | 12 |
township, county, school district, or other body corporate and | 13 |
politic responsible for governmental activities in a geographic | 14 |
area smaller than that of the state. | 15 |
(C) "Record" has the same meaning as in section 149.011 of | 16 |
the Revised Code. | 17 |
(D) "State agency" means every organized body, office, or | 18 |
agency, including the general assembly and the courts, established | 19 |
by the laws of the state for the exercise of any function of state | 20 |
government. | 21 |
Sec. 5.151. (A) Except as otherwise provided in division (B) | 22 |
of this section or in section 317.113 or another section of the | 23 |
Revised Code, the English language shall be used for each meeting | 24 |
of a public body and for each official action of any state agency | 25 |
or political subdivision, including each record prepared, meeting | 26 |
held, policy issued, or other action taken under color of law. | 27 |
(B) A public body, state agency, or political subdivision | 28 |
through its officers or employees may use a language other than | 29 |
the English language, notwithstanding division (A) of this | 30 |
section, to do any of the following: | 31 |
(1) Comply with federal law; | 32 |
(2) Comply with state law; | 33 |
(3) Protect or promote the public health, safety, or welfare; | 34 |
(4) Protect the rights of parties and witnesses in a civil or | 35 |
criminal action or proceeding in a court or in an administrative | 36 |
proceeding; | 37 |
(5) Provide instruction in foreign language courses; | 38 |
(6) Provide instruction designed to aid students with limited | 39 |
English language proficiency so they can make a timely transition | 40 |
to use of the English language in the public schools; | 41 |
(7) Promote international commerce, trade, or tourism; | 42 |
(8) Utilize in documents terms of art or phrases from | 43 |
languages other than the English language; | 44 |
(9) Engage in informal and nonbinding translations or | 45 |
communications. | 46 |
(C) No public body, state agency, or political subdivision | 47 |
shall deny any individual employment solely on the basis that the | 48 |
individual lacks facility in a foreign language, except when that | 49 |
facility is a bona fide employment requirement to achieve a | 50 |
purpose for which the public body, state agency, or political | 51 |
subdivision may use a language other than the English language | 52 |
under division (B) of this section. | 53 |
(D) The commission on Hispanic-Latino affairs may respond to | 54 |
correspondence that the commission receives and that is written in | 55 |
a language other than English in that other language, but the | 56 |
commission shall maintain as a record of the commission an English | 57 |
translation of that correspondence. | 58 |
(E) All projected expenditures to be made during a budget | 59 |
period by a public body, state agency, or political subdivision | 60 |
that are related to the use under division (B) of this section of | 61 |
interpreters for, or the preparation, translation, printing, or | 62 |
recording under division (B) of this section of documents, | 63 |
records, brochures, pamphlets, flyers, or other informational | 64 |
materials in, languages other than the English language shall, as | 65 |
appropriate to the public body, state agency, or political | 66 |
subdivision, be delineated in an individual appropriation item or | 67 |
categorized in a separate and distinct manner that indicates the | 68 |
proposed expenditure. | 69 |
(F) Nothing in this section shall be construed to limit or | 70 |
otherwise affect the voting or civil rights of any person. | 71 |
Sec. 5.152. Any resident of the state has standing to | 72 |
commence a mandamus action to obtain a judgment that orders a | 73 |
public body, state agency, or political subdivision to comply | 74 |
with section 5.151 of the Revised Code. The mandamus action may be | 75 |
commenced in the court of common pleas of the county in which the | 76 |
resident resides. | 77 |