SF 1264

as introduced - 89th Legislature (2015 - 2016) Posted on 08/21/2015 09:56am

A bill for an act
relating to constitutional rights; prohibiting application of 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 Findings. new text end

new text begin (a) The legislature finds that it is the public policy of this
state to protect its citizens from the application of foreign laws when the application
of a foreign law will result in the violation of a right guaranteed by 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) The legislature fully recognizes the right to contract freely under the laws of this
state and also recognizes that this right may be reasonably and rationally circumscribed
pursuant to the state's interest to protect and promote 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. 2. new text end

new text begin Definition. new text end

new text begin (a) As used in this section, "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 (b) As used in this section, "court" means a court, board, administrative agency, or
other adjudicative or enforcement authority of this state.
new text end

new text begin (c) As used in this section, "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. 3. new text end

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

new text begin (a) A court, arbitration, tribunal,
or administrative agency 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. 4. 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 courts or arbitration panels
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, arbitration, or similarly binding proceedings 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. 5. 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. 6. new text end

new text begin Interpretation. new text end

new text begin (a) A court or arbitrator 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