HF 2489

as introduced - 89th Legislature (2015 - 2016) Posted on 03/08/2016 04:17pm

A bill for an act
relating to judiciary; prohibiting civil court judges from applying foreign law in
certain cases; proposing coding for new law in Minnesota Statutes, chapter 546.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [546.45] APPLICATION OF FOREIGN LAW; PRESERVATION OF
RIGHTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin (a) For the purposes of this section, the terms in
paragraphs (b) to (d) have the meanings given them.
new text end

new text begin (b) "Foreign law, legal code, or system" means a law, legal code, or system of a
jurisprudence outside of a state or territory of the United States, including international
organizations and tribunals, and applied by that jurisdiction's courts, administrative
bodies, or other formal or informal tribunals. Foreign law does not include laws of the
Native American tribes in this state.
new text end

new text begin (c) "Court" means a court of this state that hears civil actions.
new text end

new text begin (d) "Religious organization" means a church, seminary, synagogue, temple, mosque,
religious order, religious corporation, association, or society, whose identity is distinctive
in terms of common religious creed, beliefs, doctrines, practices, or rituals, of any faith or
denomination, including an organization qualifying as a church or religious organization
under section 501(c)(3) or 501(d) of the United States Internal Revenue Code.
new text end

new text begin Subd. 2. new text end

new text begin Application of foreign law prohibited. new text end

new text begin (a) A court ruling or decision
violates the public policy of this state and is void and unenforceable if the ruling or
decision in the matter at issue in whole or in part is based on a law, legal code, or system of
jurisprudence that would not grant the parties affected by the ruling or decision the same
fundamental liberties, rights, and privileges granted under the United States Constitution
or Minnesota Constitution, including due process; freedom of religion, speech, or press;
and any right of privacy or marriage as specifically defined by the Minnesota Constitution.
new text end

new text begin (b) A contract or severable contractual provision that provides for the choice of a
law, legal code, or system of jurisprudence to govern some or all of the disputes arising
from the contract mutually agreed upon violates the public policy of this state and is
void and unenforceable if it includes or incorporates any substantive or procedural law,
as applied to the dispute at issue, that would not grant the parties the same fundamental
liberties, rights, and privileges granted under the United States Constitution or Minnesota
Constitution, including due process; freedom of religion, speech, or press; and any right of
privacy or marriage as specifically defined by the Minnesota Constitution.
new text end

new text begin Subd. 3. new text end

new text begin Choice of jurisdiction. new text end

new text begin (a) A contract or severable contractual provision
that provides for a jurisdiction for purposes of granting the court personal jurisdiction over
the parties to adjudicate disputes arising from the contract mutually agreed upon violates
the public policy of this state and is void and unenforceable if the jurisdiction chosen
includes any law, legal code, or system of jurisprudence, as applied to the dispute at issue,
that would not grant the parties the same fundamental liberties, rights, and privileges
granted under the United States Constitution or Minnesota Constitution, including due
process; freedom of religion, speech, or press; and any right of privacy or marriage as
specifically defined by the Minnesota Constitution.
new text end

new text begin (b) If a resident of this state, subject to personal jurisdiction in this state, seeks to
maintain litigation in this state and if a court in this state finds that granting a claim of
forum non conveniens or a related claim violates or would likely violate the fundamental
liberties, rights, and privileges granted under the United States Constitution or Minnesota
Constitution of the nonclaimant in the foreign forum with respect to the matter in dispute,
it is the public policy of this state that the claim be denied.
new text end

new text begin Subd. 4. new text end

new text begin Exception. new text end

new text begin Without prejudice to any legal right, this section does not apply
to a corporation, partnership, limited liability company, business association, or other
legal entity that contracts to subject itself to foreign law in a jurisdiction other than this
state or the United States.
new text end

new text begin Subd. 5. new text end

new text begin Interpretation. new text end

new text begin (a) A court must not interpret this section to limit the
right of any person to the free exercise of religion as guaranteed by the First Amendment
to the United States Constitution and by the Minnesota Constitution. A court must not
interpret this section to require or authorize any court to adjudicate, or prohibit any
religious organization from adjudicating, ecclesiastical matters, including the election,
appointment, calling, discipline, dismissal, removal, or excommunication of a member,
officer, official, priest, nun, monk, pastor, rabbi, imam, or other member of the clergy
of the religious organization, or the determination or interpretation of the doctrine of
the religious organization, where adjudication by a court would violate the prohibition
of the establishment clause of the First Amendment of the United States Constitution or
violate the Minnesota Constitution.
new text end

new text begin (b) This section must not be interpreted by any court to conflict with any federal treaty
or other international agreement to which the United States is a party to the extent that the
treaty or international agreement preempts or is superior to state law on the matter at issue.
new text end