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HB 512: "An Act establishing English as the common language and related to the use of English in public records and at public meetings of state agencies."

00HOUSE BILL NO. 512 01 "An Act establishing English as the common language and related to the use of 02 English in public records and at public meetings of state agencies." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. FINDINGS. The legislature finds that 05 (1) this state has been enriched by its diversity, and the government should 06 always take steps to promote the dignity of all the heritages that form our society; 07 (2) many languages are used in this state, and language has the power to unite 08 people of differing backgrounds and heritages; 09 (3) English as the nation's single shared language is the one language that 10 crosses all ethnic, racial, cultural, and religious lines and allows diverse Americans to share 11 their various backgrounds; and 12 (4) the use of a common language as the language of public record in no way 13 infringes upon the rights of people to exercise the use of a primary language of their choice 14 for private conduct.

01 * Sec. 2. AS 01.10 is amended by adding new sections to read: 02 ARTICLE 5. COMMON LANGUAGE. 03  Sec. 01.10.200. COMMON LANGUAGE ESTABLISHED. The common 04 language of the state is English. Meetings of a state agency that are open to the public 05 shall be conducted in English. Except during a public meeting, this section does not 06 prohibit an officer or employee of a state agency from using a language other than 07 English in the scope of employment. Records of a state agency, including records 08 accepted by a state agency for recording or filing, must be in English. 09 Sec. 01.10.210. EXEMPTIONS. (a) AS 01.10.200 does not apply 10  (1) to instruction in a language other than English; 11  (2) to instruction designed to aid a student with limited English 12 proficiency; 13  (3) to bilingual education or activities if the education or activities are 14 authorized under federal law; 15  (4) to the international promotion of commerce, tourism, and sporting 16 events; 17  (5) when the public safety or health or an emergency requires the use 18 of a language other than English; 19  (6) to an individual providing testimony or making a statement to a 20 state agency if the individual is not an officer or employee of a state agency and if the 21 testimony or statement is translated into English and included in the records of the 22 agency. 23  (b) A person may not be denied employment by a state agency based solely 24 on that individual's lack of facility in a language other than English, except when 25 facility in another language is a bona fide job qualification required to fulfill a function 26 listed in (a) of this section. 27  Sec. 01.10.220. REGULATION OF PRIVATE LANGUAGE PROHIBITED. 28 AS 01.10.200 may not be construed in a way that infringes on the rights of people to 29 use languages other than English in private activities. A state agency may not restrict 30 the use of languages other than English in private activities. 31  Sec. 01.10.230. PRIVATE RIGHT OF ACTION. A person may bring an

01 action against a state agency to enforce AS 01.10.200 - 01.10.220. 02  Sec. 01.10.240. DEFINITION. In AS 01.10.200 - 01.10.240, "state agency" 03 means an entity of the state or a political subdivision of the state including a board or 04 commission, the University of Alaska, a public authority or corporation, a municipality, 05 a school district, or other governmental unit of the state or a political subdivision of 06 the state.