Licensing and Certification Common Language Act Exposed

The Licensing and Certification Common Language Act, also known as the " Omnibus Common Language Legislation" is listed under ALEC's Commerce, Insurance, and Economic Development Task Force and was included in the 1995 ALEC Sourcebook of American State Legislation. This legislation is very similar to ALEC's Omnibus Common Language Act, which was also included in the 1995 Sourcebook of American State Legislation. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

CMD's Bill Summary

A piece of English-only bill that contradicts ALEC's typically anti-regulation, anti-litigation positions. The bill explicitly says that all regulations and licensing must be conducted in the English language, but is drafted in such a way that it could require even private business be conducted in English. It also creates a private right of action allowing citizens to sue the state to enforce the Act.

ALEC Bill Text

Summary

This Act would require that all activities related to the licensing of businesses, professionals and tradepersons by the State and its subdivisions be conducted in the English language.

Model Legislation

Section 1. {Short Title}

"This Act may be cited as the Omnibus Common Language Legislation"

Section 2. {Legislative Declarations}

The legislature hereby finds and declares that:

(A) The State regulates and licenses the activities of a wide range of business and professional activities, and;

(B) The State has a responsibility to assure users that the services provided are safe, accurate and otherwise reliable, and;

(C) For this responsibility to be carried out, it is necessary to be assured that licensees comprehend and understand all information available related to the activity, both oral and written, and;

(D) Many of the activities and procedures related to the rendering of the covered services involve the handling of hazardous and potentially harmful materials or the carrying out of dangerous procedures, that it is in the best interest of both licensees and their customers, that said licensees should be required to understand, comprehend and otherwise communicate in the English language.

Section 3. {Main Provisions}

(A) All procedures, applications, documents, attests, and other materials related to the licensing or certification of businesses, professionals and tradepersons in the State shall be conducted, printed and recorded in the English language; and any such files, licenses, certifications or other recorded information maintained by the State related to the licensing and certification of said licensees shall be available to the general public.

(B) The Regulatory Agencies and Offices of the State shall promulgate regulations pursuant to the provisions of this act.

(C) Right of action. Any citizen shall have standing to bring an action against the State to enforce this act. The State Courts shall have jurisdiction to hear and decide any such action brought under this section.

Section 4. {Severability Clause}.

Section 5. {Repealer Clause}

Section 6. {Effective Date}

1995 Sourcebook of American State Legislation