To amend chapter 11, RSMo 1994, by adding one new section relating to a common language.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Chapter 11, RSMo 1994, is amended by adding thereto one new section to be known as section 11.099, to read as follows:

11.099. 1. The legislature hereby finds and declares that:

(1) By sharing a common language America's immigrants built a new nation and contributed their diverse cultures;

(2) This state has been enriched by its diversity and the government should always take steps to promote the dignity of all the heritages that form our society;

(3) Many languages are represented in this state and language has the power to unite the people of differing backgrounds and heritages;

(4) English is the nation's single, shared language, the one language that crosses all ethnic, racial, cultural, nationality and religious lines and allows diverse Americans to share their various backgrounds;

(5) Full political, economic and social empowerment depends to a large extent upon proficiency in the common language, and lack of proficiency in the common language condemns people to a permanent second class status behind a language barrier;

(6) Knowledge of a common language is essential to the democratic processes of government and the full exercise of constitutional freedoms, informed and knowledgeable empowerment as voters, citizen checks against government abuses and individual prosperity and independence;

(7) The use of a common language as the language of public record in no way infringes upon the rights of citizens to exercise the use of a primary language of their choice for private conduct;

(8) The absence of a recognized common language among diverse people results in segregation along language lines and places at great disadvantage individuals who are of limited proficiency in English;

(9) It is a purpose of this act to recognize the government's affirmative responsibility to encourage and ensure greater opportunities for individuals to learn the common language; and

(10) It is a purpose of this act to establish a uniform policy for a means of access to public documents and communications in the state and thereby ensure fair, consistent and equal practices throughout this state when it comes to providing services.

2. The common language is recognized to be English and the common language is designated as the language of official public documents and records and official public meetings.

3. Official public documents and records are all documents officially compiled, published or recorded by the state and political subdivisions thereof, including deeds, publicly probated wills, records of births, deaths and marriages, and all other documents and records as defined in chapter 610, RSMo, and official public meetings as defined in chapter 610, RSMo.

4. The provisions of this act shall not apply:

(1) To instruction in foreign language courses;

(2) To instruction designed to aid students with limited English proficiency in a timely transition and integration into the general education system;

(3) To the promotion of international commerce, tourism and sporting events;

(4) When the public safety, health or emergency services require the use of other languages; provided, however, that any such authorization for the use of languages other than the common language in printing informational materials or publications for general distribution must be approved in an open public meeting as defined in chapter 610, RSMo, by the governing board or authority of the relevant state or political subdivision;

(5) When expert testimony, witnesses or speakers may require a language other than the common language; provided, however, that for purposes of deliberation, decision making or record keeping, the official version of such testimony or commentary shall be the officially translated English language version.

5. All costs related to the preparation, translation, printing and recording of documents, records, brochures, pamphlets, flyers or other information materials in languages other than the common language must be delineated as a separate budget line item in the agency, departmental or office budget.

6. No person shall be denied employment with the state or any political subdivision thereof based solely upon that person's lack of facility in a foreign language, except where related to bona fide job needs.

7. This act shall not be construed in any way to infringe upon the rights of citizens under the state constitution or the constitution of the United States in the use of language in private activities. No agency or officer of the state nor any political subdivision may place any restrictions or requirements regarding language usage in businesses operating in the private sector other than official documents, forms, submissions or other communications directed to government agencies and officers, which communications shall be in the common language as recognized in this act.

8. Any citizen of this state shall have standing to bring an action against the state or any political subdivision thereof to enforce this act.