SF 2281

as introduced - 87th Legislature (2011 - 2012) Posted on 03/06/2012 09:40am

A bill for an act
relating to state government; protecting the citizens of the state from the
application of certain foreign laws; proposing coding for new law in Minnesota
Statutes, chapter 1.

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

Section 1. new text begin FINDINGS.
new text end

new text begin The legislature finds that it shall be 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 Minnesota Constitution or the United
States Constitution, including but not limited to due process, freedom of religion, speech,
or press, and any right of privacy or marriage as specifically defined by the constitution of
this state.
new text end

new text begin 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 Minnesota Constitution or the United States Constitution, including but not limited to
due process, freedom of religion, speech, or press, and any right of privacy or marriage as
specifically defined by the constitution of this state.
new text end

Sec. 2.

new text begin [1.011] DEFINITIONS.
new text end

new text begin (a) For the purposes of section 1 and sections 1.012 to 1.016, the terms in paragraphs
(b) to (d) have the meanings given.
new text end

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

new text begin (c) "Foreign law, legal code, or system" means a law, legal code, or system of a
jurisdiction outside of a state or territory of the United States, including but not limited
to international organizations and tribunals, and applied by that jurisdiction's courts,
administrative bodies, or other formal or informal tribunals. The term does not mean, nor
does it include, any laws of the Native American tribes in this state.
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 a 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

Sec. 3. new text begin [1.012] VOID RULINGS.
new text end

new text begin A court, arbitration, tribunal, or administrative agency ruling or decision violates the
public policy of this state and is void and unenforceable if the court, arbitration, tribunal,
or administrative agency bases its rulings or decisions in the matter at issue in whole or
in part on a law, legal code, or system that would not grant the parties affected by the
ruling or decision the same fundamental liberties, rights, and privileges granted under the
Minnesota Constitution and the United States Constitution, including but not limited to
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

Sec. 4. new text begin [1.013] VOID CONTRACTS.
new text end

new text begin A contract or contractual provision, if capable of segregation, that provides for the
choice of a law, legal code, or system to govern some or all of the disputes between the
parties adjudicated by a court of law or by an arbitration panel arising from the contract
mutually agreed upon violates the public policy of this state and is void and unenforceable
if the law, legal code, or system chosen includes or incorporates a 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 Minnesota Constitution
and the United States Constitution, including but not limited to 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

Sec. 5. new text begin [1.014] VOID JURISDICTIONAL AUTHORITY AND CLAIMS.
new text end

new text begin (a) A contract or contractual provision, if capable of segregation, that provides
for a jurisdiction for purposes of granting the courts or arbitration panels in personam
jurisdiction over the parties to adjudicate any disputes between parties arising from the
contract mutually agreed upon violates the public policy of this state and is void and
unenforceable if the jurisdiction chosen includes a law, legal code, or system, as applied
to the dispute at issue, that would not grant the parties the same fundamental liberties,
rights, and privileges granted under the Minnesota Constitution and the United States
Constitution, including but not limited to 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 agency or similarly binding proceedings in this state and
if the courts of this state find 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 Minnesota Constitution and the United States Constitution of the
nonclaimant in the foreign forum with respect to the matter in dispute, then it is the public
policy of this state that the claim must be denied.
new text end

Sec. 6. new text begin [1.015] APPLICATION.
new text end

new text begin Without prejudice to any legal right, sections 1.011 to 1.016 do 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

Sec. 7. new text begin [1.016] INTERPRETATION.
new text end

new text begin (a) No court or arbitrator shall interpret sections 1.011 to 1.016 to limit the right of
a person to the free exercise of religion as guaranteed by the First Amendment to the
United States Constitution and by the Minnesota Constitution. No court shall interpret
sections 1.011 to 1.016 to require or authorize a court to adjudicate, or prohibit a religious
organization from adjudicating, ecclesiastical matters, including but not limited to the
election, appointment, calling, discipline, dismissal, removal, or excommunication of a
member, officer, official, priest, nun, monk, pastor, rabbi, imam, or member of the clergy,
of the religious organization, or 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) Sections 1.011 to 1.016 shall not be interpreted by a court to conflict with a
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