HF 4161

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; designating English as the official language;
proposing coding for new law in Minnesota Statutes, chapter 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [1.55] OFFICIAL STATE LANGUAGE.
new text end

new text begin Subdivision 1. new text end

new text begin Designation. new text end

new text begin English is the official language of the state of
Minnesota. English must be used by state and local governments, government officers and
employees acting in the scope of their employment, and for government documents and
records. Official actions of the state which bind or commit the state, or actions that present
the official views or positions of the state must be in English.
new text end

new text begin Subd. 2. new text end

new text begin Exceptions. new text end

new text begin This section does not apply:
new text end

new text begin (1) to instruction in foreign language courses;
new text end

new text begin (2) to instruction designed to aid students with limited English in a timely transition
and integration into the general educational system;
new text end

new text begin (3) to the promotion of international commerce, tourism, and sporting events;
new text end

new text begin (4) when determined to interfere with needs of the justice system;
new text end

new text begin (5) when the public safety, health, or emergency services require the use of other
languages; provided that any authorization for the use of languages other than English in
printing informational materials or publications for general distribution must be approved
in a public proceeding by the governing board or authority of the relevant state or local
government entity and the decision recorded in publicly available minutes; and
new text end

new text begin (6) when expert testimony or witnesses may require a language other than English;
provided that for purposes of deliberation, decision making, or record keeping, the official
version of the testimony or commentary must be the officially translated English-language
version.
new text end

new text begin Subd. 3. new text end

new text begin Costs. new text end

new text begin All costs related to the preparation, translation, printing, and
recording of documents, records, brochures, pamphlets, flyers, or other informational
materials in languages other than English resulting from an exception in subdivision 2 must
be indicated as a separate budget line item in the agency, departmental, or office budget.
new text end

new text begin Subd. 4. new text end

new text begin Employment. new text end

new text begin No person may be denied employment with the state or with
any political subdivision of the state based solely upon that person's lack of proficiency in
a foreign language, except when related to bona fide job needs reflected in the exceptions
in subdivision 2.
new text end

new text begin Subd. 5. new text end

new text begin Construction. new text end

new text begin This section must not be construed in any way to
infringe on the rights of citizens under the Minnesota Constitution or the United States
Constitution in the use of language in activities or functions conducted solely in the
private sector. No agency or officer of the state or of any political subdivision of the
state may place any restrictions or requirements regarding language usage for businesses
operating in the private sector other than in official documents, forms, submissions, or
other communications directed to government agencies and officers, which must be in
English as required by this section.
new text end

new text begin Subd. 6. new text end

new text begin Right of action. new text end

new text begin Any citizen of the state has standing to bring an action
against the state to enforce this section. The district court has jurisdiction to hear and
decide actions brought under this section.
new text end