Article 28, Arizona Constitution

From Ballotpedia
Jump to: navigation, search
Arizona Constitution
Flag of Arizona.png
Preamble
Articles
1234566.178910111213141516171819202122252627282930
Article XXVIII of the Arizona Constitution is entitled English as the Official Language. Article XXVIII was repealed and amended in 2006 via voter approval of Proposition 103. It has six sections.[1]

Section 1

Text of Section 1:

English as the Official Language; Applicability

(1) In this article, unless the context otherwise requires:

1. "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 this state, as appropriate under the circumstances to a particular official action.

2. "Official action" includes the performance of any function or action on behalf of this state or a political subdivision of 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:

(a) The teaching of or the encouragement of learning languages other than English.

(b) Actions required under the federal individuals with disabilities education act or other federal laws.

(c) Actions, documents or policies necessary for tourism, commerce or international trade.

(d) Actions or documents that protect the public health and safety, including law enforcement and emergency services.

(e) Actions that protect the rights of victims of crimes or criminal defendants.

(f) Using terms of art or phrases from languages other than English.

(g) Using or preserving Native American languages.

(h) Providing assistance to hearing impaired or illiterate persons.

(i) 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.

(j) Actions necessary to preserve the right to petition for the redress of grievances.

3. "Preserve, protect and enhance the role of English" includes:

(a)Avoiding any official actions that ignore, harm or diminish the role of English as the language of government.

(b) Protecting the rights of persons in this state who use English.

(c) Encouraging greater opportunities for individuals to learn the English language.

(d) To the greatest extent possible under federal statute, providing services, programs, publications, documents and materials in English.

4. "Representatives of government" includes all individuals or entities during the performance of the individual's or entity's official actions.[1][2]

Section 2

Text of Section 2:

Official Language of Arizona

The official language of the state of Arizona is English.[1][2]

Section 3

Text of Section 3:

Preserving and Enhancing the Role of the Official Language; Right to Use English

A. Representatives of government in this state shall preserve, protect and enhance the role of English as the official language of the government of Arizona.

B. A person shall not be discriminated against or penalized in any way because the person uses or attempts to use English in public or private communication.[1][2]

Section 4

Text of Section 4:

Official Actions to Be Conducted in English

Official actions shall be conducted in English.[1][2]

Section 5

Text of Section 5:

Rules of Construction

This article shall not be construed to prohibit any representative of government, including a member of the legislature, while performing official duties, from communicating unofficially through any medium with another person in a language other than English if official action is conducted in English.[1][2]

Section 6

Text of Section 6:

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 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 this article is 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 shall not file an action under 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 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 this section may be awarded all costs expended or incurred in the action, including reasonable attorney fees.[1][2]

See also

StateConstitutions Ballotpedia.jpg

External links

References

  1. 1.0 1.1 1.2 1.3 1.4 1.5 1.6 Arizona State Legislature, "Arizona Constitution", accessed March 26, 2014
  2. 2.0 2.1 2.2 2.3 2.4 2.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.