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English-only bill goes to governor

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By Phil Kabler

Legislation declaring English to be the official language of the state is headed to the governor, over objections from senators that the law is unnecessary and could hurt the state's ability to recruit foreign investment.

The bill (HB 3019), which passed the Senate Thursday on a 27-6 vote, requires all official business of state, county and local governments be conducted in English, but includes a number of exceptions when it would be legal to use foreign languages.

"It sends a bad message that West Virginia is only open for business to those who are exactly like us," Senate Minority Leader Jeff Kessler, D-Marshall, said of the bill.

"Quite frankly, it might be insulting to those people we're trying to bring to the state," he said, referring to current or proposed foreign investments in the state by Toyota, Bombardier and Odebrecht, among others.

Kessler also noted that the state's founding fathers had opted to use a language other than English when designating the state's motto, "Montani Semper Liberi."

Under questioning from Kessler, Government Organization Chairman Craig Blair, R-Berkeley, conceded the bill was not prompted by any instance in which any government entity had conducted official business in a foreign tongue.

"What this does is bring us in line with 31 other states that has this in place," Blair said. "It's leveling the playing field, as we're trying to do."

Sen. Mike Romano, D-Harrison, questioned whether the legislation would hamper immigrants' ability to assimilate into society.

He questioned, for instance, whether the legislation would bar giving driver's license tests in foreign languages. However, one of the exceptions in the bill allows examinations to be conducted in foreign languages, so long as the English text is also provided.

"Everybody who comes here, to be successful has to learn the English language," said Romano, saying a law mandating English is unnecessary.

Sen. Doug Facemire, D-Braxton, recalled visiting a store in Los Angeles where all announcements on the public address system were made in Spanish only.

"If you're going to live in this country, you have a responsibility to learn our language," Facemire said, noting that he does not speak any foreign languages.

"I want to be able to say 'hello,' and if you cuss me, I want to be able to know you cussed me," he said.

Blair cited the "diversity" of the English language, which he said incorporates parts of many different languages.

"This is not meant to be an exclusionary bill. What it's meant to be is inclusionary," he said.

In addition to examinations, the bill includes about a dozen exceptions when it would be legal to conduct official business in foreign languages, including matters to promote public health and safety; promote trade, tourism and commerce; in criminal investigations; and in order to teach and study foreign languages.

The Legislature last passed a bill making English the official language of the state in 2005, but then-Gov. Joe Manchin vetoed the bill for technical issues after the provisions were improperly amended into a bill dealing with membership on parks and recreation boards.

Sens. Beach, Gaunch, Kessler, Laird, Miller and Woelfel voted against the bill, while Sen. Yost was absent.

Also Thursday, Sen. John Unger, D-Berkeley, said he was offended by comments by Senate President Bill Cole, R-Mercer, calling his effort to obtain an injunction to prevent the Senate from meeting on Sunday, "political gamesmanship," and "an attention-getting political stunt."

"I'm disappointed, but that's how he is," said Unger, who is arguing that Sunday sessions would violate his religious freedom, making it impossible to attend the session and also pastor Sunday services at three Eastern Panhandle churches.

Unger also challenged statements by Cole and the state Republican Party that he had "absolutely no problem working on Sundays" when Democrats were the majority party.

He said three of the four votes cited by the GOP were for special sessions called by the governor, while the fourth was a vote in the brief Sunday morning session that traditionally follows the end of each regular session at midnight.

The votes cited were in 2010 or earlier, prior to Unger becoming an ordained minister, he said.

Unger also noted that when he was Senate majority leader, he was instrumental in changing dates for monthly legislative interim meetings so that the meetings did not take place on Sundays, a policy reversed by the current leadership.

Reach Phil Kabler at philk@wvgazettemail.com, 304-348-1220, or follow @PhilKabler on Twitter


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