Bill Text: MN HF64 | 2011-2012 | 87th Legislature | Introduced
Bill Title: English designated as the official language of Minnesota.
Sponsorship: Partisan Bill (Republican 9)
Status: (Introduced - Dead) 2012-01-24 - Author added Gruenhagen [HF64 Detail]
Download: Minnesota-2011-HF64-Introduced.html
1.2relating to state government; designating English as the official language;
1.3amending Minnesota Statutes 2010, sections 171.04, subdivision 1; 171.13,
1.4subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 1;
1.5repealing Minnesota Statutes 2010, section 15.441.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [1.55] OFFICIAL STATE LANGUAGE.
1.8 Subdivision 1. Findings. The legislature finds and declares that:
1.9(1) the English language is the common language of the state of Minnesota and of
1.10the United States, the use of a common language removes barriers of misunderstanding
1.11and helps to unify the people of this state and of the United States, and a compelling state
1.12interest exists in promoting, preserving, and strengthening the use of the English language;
1.13(2) the government should promote proficiency in the English language in order to
1.14enable the full economic and civic participation of all its citizens;
1.15(3) proficiency in the English language, as well as in languages other than the
1.16English language, benefits Minnesota both commercially and culturally and should
1.17be encouraged; and
1.18(4) among the powers reserved to each state is the power to establish the English
1.19language as its official language, and otherwise to promote the use of the English language
1.20within the state.
1.21 Subd. 2. Official English declaration. (a) The English language is the official
1.22language of the state of Minnesota. Official actions of this state which bind or commit the
1.23state or which give the appearance of presenting the official views or positions of the state
1.24shall be taken in the English language. No law, ordinance, order, program, or policy of
1.25this state or any of its political subdivisions, shall require the use of any language other
2.1than English for any documents, regulations, orders, transactions, proceedings, meetings,
2.2programs, or publications, except as provided in subdivision 3.
2.3(b) A person who speaks only the English language shall be eligible to participate in
2.4all programs, benefits, and opportunities, including employment, provided by the state and
2.5its political subdivisions, except when required to speak another language as provided
2.6in subdivision 3. No law, ordinance, order, program, or policy of the state or any of its
2.7political subdivisions shall penalize or impair the rights, obligations, or opportunities
2.8available to any person solely because a person speaks only the English language.
2.9 Subd. 3. Exceptions. The state and its political subdivisions may use a language
2.10other than English for any of the following purposes:
2.11(1) to teach or encourage the learning of languages other than English;
2.12(2) to protect the public health or safety;
2.13(3) to teach English to those who are not fluent in the language;
2.14(4) to comply with the Native American Languages Act, the Individuals with
2.15Disabilities Education Act, or any other federal law;
2.16(5) to protect the rights of criminal defendants and victims of crime;
2.17(6) to promote trade, commerce, and tourism;
2.18(7) to create or promote state or agency mottos, inscribe public monuments, and
2.19perform other acts involving the customary use of a language other than English; and
2.20(8) to utilize terms of art or terms or phrases from other languages which are
2.21commonly used in communications otherwise in English.
2.22 Subd. 4. Private use protected. The declaration and use of English as the official
2.23language of the state of Minnesota should not be construed as infringing upon the rights of
2.24any person to use a language other than English in private communications or actions,
2.25including the right of government officials, including elected officials, to communicate
2.26with others while not performing official actions of the state.
2.27 Subd. 5. Standing to sue. Any person who is a resident of or doing business in
2.28the state of Minnesota shall have standing to sue any agency or official of the state of
2.29Minnesota to seek a declaratory judgment as to whether this section has been violated
2.30and to seek injunctive relief for violations. A qualified person may file suit even if the
2.31attorney general or other appropriate official of the state has not filed such a suit, and
2.32the suit may be brought on behalf of all citizens of the state. A person who prevails, in
2.33whole or in part, in such a suit, shall be entitled to costs of bringing and maintaining the
2.34suit, including reasonable attorney's fees.
2.35 Subd. 6. Severability. If any provision of this section, or the applicability of
2.36any provision to any person or circumstance, shall be held to be invalid by a court of
3.1competent jurisdiction, the remainder of this section shall not be affected and shall be
3.2given effect to the fullest extent practicable.
3.3 Subd. 7. Federal preemption. Nothing in this act shall be interpreted as conflicting
3.4with the laws of the United States.
3.5 Sec. 2. Minnesota Statutes 2010, section 171.04, subdivision 1, is amended to read:
3.6 Subdivision 1. Persons not eligible. The department shall not issue a driver's
3.7license:
3.8(1) to any person under 18 years unless:
3.9(i) the applicant is 16 or 17 years of age and has a previously issued valid license
3.10from another state or country or the applicant has, for the 12 consecutive months
3.11preceding application, held a provisional license and during that time has incurred (A) no
3.12conviction for a violation of section169A.20 ,
169A.33 ,
169A.35 , or sections
169A.50
3.13to
169A.53 , (B) no conviction for a crash-related moving violation, and (C) not more
3.14than one conviction for a moving violation that is not crash related. "Moving violation"
3.15means a violation of a traffic regulation but does not include a parking violation, vehicle
3.16equipment violation, or warning citation;
3.17(ii) the application for a license is approved by (A) either parent when both reside
3.18in the same household as the minor applicant or, if otherwise, then (B) the parent or
3.19spouse of the parent having custody or, in the event there is no court order for custody,
3.20then (C) the parent or spouse of the parent with whom the minor is living or, if subitems
3.21(A) to (C) do not apply, then (D) the guardian having custody of the minor, (E) the foster
3.22parent or director of the transitional living program in which the child resides or, in the
3.23event a person under the age of 18 has no living father, mother, or guardian, or is married
3.24or otherwise legally emancipated, then (F) the minor's adult spouse, adult close family
3.25member, or adult employer; provided, that the approval required by this item contains a
3.26verification of the age of the applicant and the identity of the parent, guardian, adult
3.27spouse, adult close family member, or adult employer; and
3.28(iii) the applicant presents a certification by the person who approves the application
3.29under item (ii), stating that the applicant has driven a motor vehicle accompanied by
3.30and under supervision of a licensed driver at least 21 years of age for at least ten hours
3.31during the period of provisional licensure;
3.32(2) to any person who is 18 years of age or younger, unless the person has applied
3.33for, been issued, and possessed the appropriate instruction permit for a minimum of six
3.34months, and, with respect to a person under 18 years of age, a provisional license for a
3.35minimum of 12 months;
4.1(3) to any person who is 19 years of age or older, unless that person has applied
4.2for, been issued, and possessed the appropriate instruction permit for a minimum of
4.3three months;
4.4(4) to any person whose license has been suspended during the period of suspension
4.5except that a suspended license may be reinstated during the period of suspension upon
4.6the licensee furnishing proof of financial responsibility in the same manner as provided in
4.7the Minnesota No-Fault Automobile Insurance Act;
4.8(5) to any person whose license has been revoked except upon furnishing proof
4.9of financial responsibility in the same manner as provided in the Minnesota No-Fault
4.10Automobile Insurance Act and if otherwise qualified;
4.11(6) to any drug-dependent person, as defined in section254A.02, subdivision 5 ;
4.12(7) to any person who has been adjudged legally incompetent by reason of mental
4.13illness, mental deficiency, or inebriation, and has not been restored to capacity, unless
4.14the department is satisfied that the person is competent to operate a motor vehicle with
4.15safety to persons or property;
4.16(8) to any person who is required by this chapter to take a vision, knowledge, or road
4.17examination, unless the person has successfully passed the examination. An applicant
4.18who fails four road tests must complete a minimum of six hours of behind-the-wheel
4.19instruction with an approved instructor before taking the road test again;
4.20(9) to any person who is required under the Minnesota No-Fault Automobile
4.21Insurance Act to deposit proof of financial responsibility and who has not deposited the
4.22proof;
4.23(10) to any person when the commissioner has good cause to believe that the
4.24operation of a motor vehicle on the highways by the person would be inimical to public
4.25safety or welfare;
4.26(11) to any person when, in the opinion of the commissioner, the person is afflicted
4.27with or suffering from a physical or mental disability or disease that will affect the person
4.28in a manner as to prevent the person from exercising reasonable and ordinary control over
4.29a motor vehicle while operating it upon the highways;
4.30(12) to a person who is unable to read and understand official signs that use English
4.31language or symbols regulating, warning, and directing traffic;
4.32(13) to a child for whom a court has ordered denial of driving privileges under
4.33section260C.201, subdivision 1 , or
260B.235, subdivision 5 , until the period of denial is
4.34completed; or
4.35(14) to any person whose license has been canceled, during the period of cancellation.
5.1 Sec. 3. Minnesota Statutes 2010, section 171.13, subdivision 1, is amended to read:
5.2 Subdivision 1. Examination subjects and locations; provisions for color
5.3blindness, disabled veterans. Except as otherwise provided in this section, the
5.4commissioner shall examine each applicant for a driver's license by such agency as the
5.5commissioner directs. The examination must be administered in English, and the applicant
5.6must complete the examination without assistance of a foreign language interpreter. This
5.7examination must include a test of applicant's eyesight; ability to read and understand
5.8English language highway signs regulating, warning, and directing traffic; knowledge of
5.9traffic laws; knowledge of the effects of alcohol and drugs on a driver's ability to operate a
5.10motor vehicle safely and legally, and of the legal penalties and financial consequences
5.11resulting from violations of laws prohibiting the operation of a motor vehicle while under
5.12the influence of alcohol or drugs; knowledge of railroad grade crossing safety; knowledge
5.13of slow-moving vehicle safety; knowledge of laws relating to pupil transportation safety,
5.14including the significance of school bus lights, signals, stop arm, and passing a school
5.15bus; knowledge of traffic laws related to bicycles; an actual demonstration of ability to
5.16exercise ordinary and reasonable control in the operation of a motor vehicle; and other
5.17physical and mental examinations as the commissioner finds necessary to determine the
5.18applicant's fitness to operate a motor vehicle safely upon the highways, provided, further
5.19however, no driver's license shall be denied an applicant on the exclusive grounds that the
5.20applicant's eyesight is deficient in color perception. Provided, however, that war veterans
5.21operating motor vehicles especially equipped for disabled persons, shall, if otherwise
5.22entitled to a license, be granted such license. The commissioner shall make provision for
5.23giving these examinations either in the county where the applicant resides or at a place
5.24adjacent thereto reasonably convenient to the applicant.
5.25 Sec. 4. REVISOR'S INSTRUCTION.
5.26In Minnesota Statutes, the revisor shall change "sections 15.44 and 15.441" to
5.27"section 15.44" wherever the term appears in Minnesota Statutes.
5.28 Sec. 5. REPEALER.
5.29Minnesota Statutes 2010, section 15.441, is repealed.
1.3amending Minnesota Statutes 2010, sections 171.04, subdivision 1; 171.13,
1.4subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 1;
1.5repealing Minnesota Statutes 2010, section 15.441.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [1.55] OFFICIAL STATE LANGUAGE.
1.8 Subdivision 1. Findings. The legislature finds and declares that:
1.9(1) the English language is the common language of the state of Minnesota and of
1.10the United States, the use of a common language removes barriers of misunderstanding
1.11and helps to unify the people of this state and of the United States, and a compelling state
1.12interest exists in promoting, preserving, and strengthening the use of the English language;
1.13(2) the government should promote proficiency in the English language in order to
1.14enable the full economic and civic participation of all its citizens;
1.15(3) proficiency in the English language, as well as in languages other than the
1.16English language, benefits Minnesota both commercially and culturally and should
1.17be encouraged; and
1.18(4) among the powers reserved to each state is the power to establish the English
1.19language as its official language, and otherwise to promote the use of the English language
1.20within the state.
1.21 Subd. 2. Official English declaration. (a) The English language is the official
1.22language of the state of Minnesota. Official actions of this state which bind or commit the
1.23state or which give the appearance of presenting the official views or positions of the state
1.24shall be taken in the English language. No law, ordinance, order, program, or policy of
1.25this state or any of its political subdivisions, shall require the use of any language other
2.1than English for any documents, regulations, orders, transactions, proceedings, meetings,
2.2programs, or publications, except as provided in subdivision 3.
2.3(b) A person who speaks only the English language shall be eligible to participate in
2.4all programs, benefits, and opportunities, including employment, provided by the state and
2.5its political subdivisions, except when required to speak another language as provided
2.6in subdivision 3. No law, ordinance, order, program, or policy of the state or any of its
2.7political subdivisions shall penalize or impair the rights, obligations, or opportunities
2.8available to any person solely because a person speaks only the English language.
2.9 Subd. 3. Exceptions. The state and its political subdivisions may use a language
2.10other than English for any of the following purposes:
2.11(1) to teach or encourage the learning of languages other than English;
2.12(2) to protect the public health or safety;
2.13(3) to teach English to those who are not fluent in the language;
2.14(4) to comply with the Native American Languages Act, the Individuals with
2.15Disabilities Education Act, or any other federal law;
2.16(5) to protect the rights of criminal defendants and victims of crime;
2.17(6) to promote trade, commerce, and tourism;
2.18(7) to create or promote state or agency mottos, inscribe public monuments, and
2.19perform other acts involving the customary use of a language other than English; and
2.20(8) to utilize terms of art or terms or phrases from other languages which are
2.21commonly used in communications otherwise in English.
2.22 Subd. 4. Private use protected. The declaration and use of English as the official
2.23language of the state of Minnesota should not be construed as infringing upon the rights of
2.24any person to use a language other than English in private communications or actions,
2.25including the right of government officials, including elected officials, to communicate
2.26with others while not performing official actions of the state.
2.27 Subd. 5. Standing to sue. Any person who is a resident of or doing business in
2.28the state of Minnesota shall have standing to sue any agency or official of the state of
2.29Minnesota to seek a declaratory judgment as to whether this section has been violated
2.30and to seek injunctive relief for violations. A qualified person may file suit even if the
2.31attorney general or other appropriate official of the state has not filed such a suit, and
2.32the suit may be brought on behalf of all citizens of the state. A person who prevails, in
2.33whole or in part, in such a suit, shall be entitled to costs of bringing and maintaining the
2.34suit, including reasonable attorney's fees.
2.35 Subd. 6. Severability. If any provision of this section, or the applicability of
2.36any provision to any person or circumstance, shall be held to be invalid by a court of
3.1competent jurisdiction, the remainder of this section shall not be affected and shall be
3.2given effect to the fullest extent practicable.
3.3 Subd. 7. Federal preemption. Nothing in this act shall be interpreted as conflicting
3.4with the laws of the United States.
3.5 Sec. 2. Minnesota Statutes 2010, section 171.04, subdivision 1, is amended to read:
3.6 Subdivision 1. Persons not eligible. The department shall not issue a driver's
3.7license:
3.8(1) to any person under 18 years unless:
3.9(i) the applicant is 16 or 17 years of age and has a previously issued valid license
3.10from another state or country or the applicant has, for the 12 consecutive months
3.11preceding application, held a provisional license and during that time has incurred (A) no
3.12conviction for a violation of section
3.14than one conviction for a moving violation that is not crash related. "Moving violation"
3.15means a violation of a traffic regulation but does not include a parking violation, vehicle
3.16equipment violation, or warning citation;
3.17(ii) the application for a license is approved by (A) either parent when both reside
3.18in the same household as the minor applicant or, if otherwise, then (B) the parent or
3.19spouse of the parent having custody or, in the event there is no court order for custody,
3.20then (C) the parent or spouse of the parent with whom the minor is living or, if subitems
3.21(A) to (C) do not apply, then (D) the guardian having custody of the minor, (E) the foster
3.22parent or director of the transitional living program in which the child resides or, in the
3.23event a person under the age of 18 has no living father, mother, or guardian, or is married
3.24or otherwise legally emancipated, then (F) the minor's adult spouse, adult close family
3.25member, or adult employer; provided, that the approval required by this item contains a
3.26verification of the age of the applicant and the identity of the parent, guardian, adult
3.27spouse, adult close family member, or adult employer; and
3.28(iii) the applicant presents a certification by the person who approves the application
3.29under item (ii), stating that the applicant has driven a motor vehicle accompanied by
3.30and under supervision of a licensed driver at least 21 years of age for at least ten hours
3.31during the period of provisional licensure;
3.32(2) to any person who is 18 years of age or younger, unless the person has applied
3.33for, been issued, and possessed the appropriate instruction permit for a minimum of six
3.34months, and, with respect to a person under 18 years of age, a provisional license for a
3.35minimum of 12 months;
4.1(3) to any person who is 19 years of age or older, unless that person has applied
4.2for, been issued, and possessed the appropriate instruction permit for a minimum of
4.3three months;
4.4(4) to any person whose license has been suspended during the period of suspension
4.5except that a suspended license may be reinstated during the period of suspension upon
4.6the licensee furnishing proof of financial responsibility in the same manner as provided in
4.7the Minnesota No-Fault Automobile Insurance Act;
4.8(5) to any person whose license has been revoked except upon furnishing proof
4.9of financial responsibility in the same manner as provided in the Minnesota No-Fault
4.10Automobile Insurance Act and if otherwise qualified;
4.11(6) to any drug-dependent person, as defined in section
4.12(7) to any person who has been adjudged legally incompetent by reason of mental
4.13illness, mental deficiency, or inebriation, and has not been restored to capacity, unless
4.14the department is satisfied that the person is competent to operate a motor vehicle with
4.15safety to persons or property;
4.16(8) to any person who is required by this chapter to take a vision, knowledge, or road
4.17examination, unless the person has successfully passed the examination. An applicant
4.18who fails four road tests must complete a minimum of six hours of behind-the-wheel
4.19instruction with an approved instructor before taking the road test again;
4.20(9) to any person who is required under the Minnesota No-Fault Automobile
4.21Insurance Act to deposit proof of financial responsibility and who has not deposited the
4.22proof;
4.23(10) to any person when the commissioner has good cause to believe that the
4.24operation of a motor vehicle on the highways by the person would be inimical to public
4.25safety or welfare;
4.26(11) to any person when, in the opinion of the commissioner, the person is afflicted
4.27with or suffering from a physical or mental disability or disease that will affect the person
4.28in a manner as to prevent the person from exercising reasonable and ordinary control over
4.29a motor vehicle while operating it upon the highways;
4.30(12) to a person who is unable to read and understand official signs that use English
4.31language or symbols regulating, warning, and directing traffic;
4.32(13) to a child for whom a court has ordered denial of driving privileges under
4.33section
4.34completed; or
4.35(14) to any person whose license has been canceled, during the period of cancellation.
5.1 Sec. 3. Minnesota Statutes 2010, section 171.13, subdivision 1, is amended to read:
5.2 Subdivision 1. Examination subjects and locations; provisions for color
5.3blindness, disabled veterans. Except as otherwise provided in this section, the
5.4commissioner shall examine each applicant for a driver's license by such agency as the
5.5commissioner directs. The examination must be administered in English, and the applicant
5.6must complete the examination without assistance of a foreign language interpreter. This
5.7examination must include a test of applicant's eyesight; ability to read and understand
5.8English language highway signs regulating, warning, and directing traffic; knowledge of
5.9traffic laws; knowledge of the effects of alcohol and drugs on a driver's ability to operate a
5.10motor vehicle safely and legally, and of the legal penalties and financial consequences
5.11resulting from violations of laws prohibiting the operation of a motor vehicle while under
5.12the influence of alcohol or drugs; knowledge of railroad grade crossing safety; knowledge
5.13of slow-moving vehicle safety; knowledge of laws relating to pupil transportation safety,
5.14including the significance of school bus lights, signals, stop arm, and passing a school
5.15bus; knowledge of traffic laws related to bicycles; an actual demonstration of ability to
5.16exercise ordinary and reasonable control in the operation of a motor vehicle; and other
5.17physical and mental examinations as the commissioner finds necessary to determine the
5.18applicant's fitness to operate a motor vehicle safely upon the highways, provided, further
5.19however, no driver's license shall be denied an applicant on the exclusive grounds that the
5.20applicant's eyesight is deficient in color perception. Provided, however, that war veterans
5.21operating motor vehicles especially equipped for disabled persons, shall, if otherwise
5.22entitled to a license, be granted such license. The commissioner shall make provision for
5.23giving these examinations either in the county where the applicant resides or at a place
5.24adjacent thereto reasonably convenient to the applicant.
5.25 Sec. 4. REVISOR'S INSTRUCTION.
5.26In Minnesota Statutes, the revisor shall change "sections 15.44 and 15.441" to
5.27"section 15.44" wherever the term appears in Minnesota Statutes.
5.28 Sec. 5. REPEALER.
5.29Minnesota Statutes 2010, section 15.441, is repealed.
