S0893.03C

SENATE COMMITTEE SUBSTITUTE

FOR

SENATE BILLS NOS. 259 & 80

AN ACT

     Chapter 11, RSMo, is amended by adding thereto one new section relating to the common language of the state of Missouri.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Chapter 11, RSMo, is amended by adding thereto one new section, to be known as section 11.100, to read as follows:

     11.100. 1. The English language shall be the official language of the State of Missouri and is designated as the language of official public documents and records and official public meetings as defined in chapter 610, RSMo. As funds are appropriated by the Missouri general assembly, the department of elementary and secondary education shall implement classes to assist students who are not proficient in the English language.

     2. The provisions of this section shall not apply:

     (1) To state employees in the oral performance of government business;

     (2) To instruction in foreign and native American language classes;

     (3) To instruction designed to aid students with limited English proficiency;

     (4) When deemed to interfere with the needs of the judicial system;

     (5) When public health, safety and emergency services require the use of other languages; or

     (6) To the promotion of international commerce, tourism and sporting events.

     3. This section shall not apply to sign language. The Missouri commission for the deaf shall be able to use sign language in the conduct of its meetings, and all state departments, agencies, and state-supported institutions shall be permitted to use sign language in dealing with deaf or speech impaired citizens of Missouri. For purposes of this section, "sign language" shall mean American sign language and pidgin signed English used by the deaf, speech impaired, or interpreters for the deaf or speech impaired.

     4. 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 official language as recognized in this act. Nothing in this act shall be construed to interfere with public-private partnerships assisting new Americans to learn and become proficient in English.

     5. 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.

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