Driver's license; examinations of applicants to be conducted exclusively in English language. (HB376)

Introduced By

Del. Danny Marshall (R-Danville)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Examination of applicants for driver's licenses. Requires that all examinations of applicants for driver's licenses be conducted exclusively in the English language. Use of interpreters in connection with driver's license examinations is prohibited. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/04/2008Committee
01/04/2008Prefiled and ordered printed; offered 01/09/08 088020612
01/04/2008Referred to Committee on Rules
01/23/2008Impact statement from DPB (HB376)
02/12/2008Left in Rules

Comments

CG2 Consulting, tracking this bill in Photosynthesis, notes:

This is the second time around for this bill, which was defeated in the House of Delegates when it was first introduced in 2005. Because any state or local agency that receives one dime of federal funds (and that includes DMV) must under Title VI of the Civil Rights Act provide program access to persons with limited English proficiency, this bill clearly violates federal law.

Here's the regulatory language:
Where a significant number or proportion of the population eligible to be served or likely to be directly affected by a federally assisted program (e.g., affected by relocation) needs service or information in a language other than English in order effectively to be informed of or to participate in the program, the recipient shall take reasonable steps, considering the scope of the program and the size and concentration of such population, to provide information in appropriate languages to such persons. This requirement applies with regard to written material of the type which is ordinarily distributed to the public. 28 C.F.R. 42.405(d)(1).

A relatively large number of legally present Virginians currently take the driver's test in a language other than English.

This bill is not about "illegal immigrants" since none can qualify to take the driver's test.

It is simply about making Virginia a less welcoming place for foreign born residents whose first language is a language other than English.

Claire Gastanaga writes:

This is the second time around for this bill, which was defeated in the House of Delegates when it was first introduced in 2005. Because any state or local agency that receives one dime of federal funds (and that includes DMV) must under Title VI of the Civil Rights Act provide program access to persons with limited English proficiency, this bill clearly violates federal law.

Here's the regulatory language:
Where a significant number or proportion of the population eligible to be served or likely to be directly affected by a federally assisted program (e.g., affected by relocation) needs service or information in a language other than English in order effectively to be informed of or to participate in the program, the recipient shall take reasonable steps, considering the scope of the program and the size and concentration of such population, to provide information in appropriate languages to such persons. This requirement applies with regard to written material of the type which is ordinarily distributed to the public. 28 C.F.R. 42.405(d)(1).

A relatively large number of legally present Virginians currently take the driver's test in a language other than English.

This bill is not about "illegal immigrants" since none can qualify to take the driver's test.

It is simply about making Virginia a less welcoming place for foreign born residents whose first language is a language other than English.