Model State Official English Statute

The people of the State/Commonwealth of [NAME OF STATE] find and declare that:

1. the English language is the common language of the State/Commonwealth of [NAME OF STATE] and of the United States, the use of a common language  removes barriers of misunderstanding and helps to unify the people of this State and of the United States, and a compelling state interest exists in promoting, preserving, and strengthening the use of the English language;
2. the government should promote proficiency in the English language in order to enable the full economic and civic participation of all its citizens;
3. proficiency in the English language as well as in languages other than the English language, benefits the State/Commonwealth both commercially and culturally and should be encouraged;
4. among the powers reserved to each state is the power to establish the English language as its official language, and otherwise to promote the use of the English language within the state.

1. The English language is the official language of the State/Commonwealth of [NAME OF STATE]. 
2. Official actions of this State/Commonwealth which bind or commit the State/Commonwealth or which give the appearance of presenting the official views or position of the State/Commonwealth shall be taken in the English language.
3. No law, ordinance, decree, program, or policy of this State/Commonwealth or any of its subdivisions, shall require the use of any language other than English for any documents, regulations, orders, transactions, proceedings, meetings, programs, or publications, except as provided in Section 3.
4. A person who speaks only the English language shall be eligible to participate in all programs, benefits and opportunities, including employment, provided by this State/Commonwealth and its subdivisions, except when required to speak another language as provided in Section 3.
5. No law, ordinance, decree, program, or policy of this State/Commonwealth or any of its subdivisions shall penalize or impair the rights, obligations or opportunities available to any person solely because a person speaks only the English language.

Section 3. Exceptions

The State/Commonwealth and its political subdivisions may use a language other than English for any of the following purposes:

1. To teach or encourage the learning of languages other than English;
2. To protect the public health or safety;
3. To teach English to those who are not fluent in the language;
4. To comply with the Native American Languages Act, the Individuals with Disabilities Education Act, or any other federal law;
5. To protect the rights of criminal defendants and victims of crime;
6. To promote trade, commerce, and tourism;
7. To create or promote state or agency mottos, inscribe public monuments, and perform other acts involving the customary use of a language other than English. 
8. To utilize terms of art or terms or phrases from other languages which are commonly used in communications otherwise in English.

Section 4. Private Use Protected

The declaration and use of English as the official language of the State/Commonwealth of [NAME OF STATE] should not be construed as infringing upon the rights of any person to use a language other than English in private communications or actions, including the right of government officials (including elected officials) to communicate with others while not performing official actions of the State/Commonwealth.

Section 5. Standing to Sue

Any person who is a resident of, or doing business in the state of [NAME OF STATE] shall have standing to sue any agency or official of the state of [NAME OF STATE] to seek a declaratory judgment as to whether this Article has been violated and injunctive relief there-from. A qualified person may file suit even if the Attorney General or other appropriate official of the State/Commonwealth has not filed such a suit, and the suit may be brought on behalf of all citizens of the State/Commonwealth. A person who prevails, in whole or in part, in such a suit, shall be entitled to costs of bringing and maintaining the suit, including reasonable attorney's fees.

Section 6. Severability

If any provision of this Article, or the applicability of any provision to any person or circumstance, shall be held to be invalid by a court of competent jurisdiction, the remainder of this Article shall not be affected and shall be given effect to the fullest extent practicable.

Section 7. Federal Pre-emption

Nothing in this act shall be interpreted as conflicting with the laws of the United States.