08 LC
35 0826S
The
Senate Public Safety Committee offered the following substitute to SB
335:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 50-3-100 of the Official Code of Georgia Annotated, relating
to the designation of English as the official language of Georgia, so as to
prohibit a state agency or political subdivision of this state from requiring an
employee to speak or learn any language other than the official language of the
state in order to be employed, maintain employment, or be eligible for a
promotion; to provide for applicability and exceptions; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 50-3-100 of the Official Code of Georgia Annotated, relating to the
designation of English as the official language of Georgia, is revised by adding
a new subsection (e) to read as follows:
"(e)(1)
For purposes of this subsection, 'foreign language' means any language other
than the official language of the State of Georgia.
(2)
Except as provided in this subsection, a state agency, county government,
municipality, or any governmental entity or political subdivision of this state
shall not require an employee or person seeking employment to speak a foreign
language or to complete foreign language training as a condition of employment
or promotion.
(3)
Except as provided in this subsection, no such governmental entity shall give
preferential treatment to any employee for the ability to speak a foreign
language or for attending foreign language training where such preferential
treatment has an adverse impact on the employment or any benefit of employment
of an employee who is unable to speak a foreign language or who has not attended
foreign language training.
(4)
This subsection shall not apply to any employee who holds a position of
employment for which the ability to speak a foreign language is a primary
function of that position, including, but not limited to, a foreign language
instructor, translator, a victim services employee with a solicitor or
prosecutor´s office, a specialized law enforcement task team member, and
ambassador.
(5)
Any governing authority, including any county, municipality, or consolidated
government, local agency, department, board, commission, authority, or other
subdivision of this state, that:
(A)
Complies with the requirements of Code Section 13-10-91 and demonstrates such
compliance by the registration and participation in the federal work
authorization program administered by the Georgia Department of
Labor;
(B)
Complies with the provisions of Code Section 50-36-1, provided that such Code
section is applicable to the services provided by such entity; and
(C)
Adopts and enforces a policy requiring the reporting of the suspected commission
or attempted commission of a crime involving the submission of false or
fraudulent identification documentation which policy shall require copies of
such documentation to be forwarded to the law enforcement agency having
jurisdiction over the suspected offense
shall
be exempt from the provisions of this subsection."
SECTION
2.
This
Act shall become effective on July 1, 2008.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.