Assembly Bill No. 441-Assemblymen Gustavson, Hickey, Mortenson, Hettrick, Lee, Nolan, Amodei, Braunlin, Carpenter, Marvel, Von Tobel and Tiffany

April 30, 1997
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Referred to Committee on Government Affairs

SUMMARY--Designates English as official language of State of Nevada. (BDR 19-1016)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to governmental administration; designating English as the official language of the State of Nevada; requiring certain proceedings, records and publications of this state to be in English; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1 Chapter 235 of NRS is hereby amended by adding thereto a new section to read as follows:
1. English is hereby designated as the official language of the State of Nevada.
2. Except as otherwise provided in subsection 3:
(a) All official proceedings of this state must be conducted in the English language.
(b) All official records of this state must be prepared, stored and made available in the English language.
(c) All official publications of this state must be printed in the English language.
3. The provisions of subsection 2 do not apply to:
(a) State employees when conducting official state business orally.
(b) Classes that teach students a language other than English.
(c) Classes that teach students whose proficiency in the English language is limited.
(d) Situations in which the exclusive use of the English language would interfere with the functions and requirements of the judicial system of this state.
(e) Situations in which the exclusive use of the English language would interfere with public health or safety or the provision of emergency services.
(f) The promotion of international trade or tourism by an officer, employee or agent of this state.
4. Notwithstanding the provisions of any other specific statute:
(a) No court of this state has jurisdiction to hear a claim against this state that is based solely on the failure of this state to provide copies of statutes, regulations, reports, forms or other documents in a language other than English.
(b) Neither this state nor an officer, employee or agent of this state is liable, civilly or criminally, for an act or omission committed to carry out the provisions of subsection 2.
Sec. 2. NRS 281.370 is hereby amended to read as follows:
281.370 1. All personnel actions taken by state, county or municipal departments, housing authorities, agencies, boards or appointing officers thereof must be based solely on merit and fitness.
2. State, county or municipal departments, housing authorities, agencies, boards or appointing officers thereof shall not refuse to hire a person, discharge or bar any person from employment or discriminate against any person in compensation or in other terms or conditions of employment because of his race, creed, color, national origin, sex, age, inability to converse in a language other than English, political affiliation or disability, except when based upon a bona fide occupational qualification.
3. As used in this section, "disability" means, with respect to a person:
(a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
Sec. 3. Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:
A state agency shall record each expenditure made by the agency to provide services in a language other than English, including, without limitation, the preparation, translation, printing and recording of documents, papers and brochures. Such expenditures must be set forth separately in the budget estimates of the agency.

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