Bill Text: IN HB1166 | 2012 | Regular Session | Introduced
Bill Title: Application of foreign law.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-09 - First reading: referred to Committee on Judiciary [HB1166 Detail]
Download: Indiana-2012-HB1166-Introduced.html
Citations Affected: IC 34-7-8.
Synopsis: Application of foreign law. Provides that a court may not
apply, enforce, or grant comity, res judicata, claim preclusion, or issue
preclusion to a foreign law, ruling, or judgment if doing so would
violate the fundamental liberties, rights, and privileges guaranteed by
the United States Constitution or the Constitution of the State of
Indiana. Provides that a provision in a contract or agreement: (1) that
provides for the choice of foreign laws in its interpretation; or (2) that
provides for the choice of venue or forum; and that would result in a
violation of a fundamental liberty, right, or privilege guaranteed by the
United States Constitution or the Constitution of the State of Indiana is
void and unenforceable. Prohibits a court from granting certain motions
if the transfer is likely to affect the constitutional rights of the
nonmoving party. Provides that a court may not require or authorize
any court to: (1) adjudicate or prohibit a religious organization from
adjudicating ecclesiastical matters; or (2) determine or interpret the
doctrine of a religious organization.
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Judiciary.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning civil
procedure.
Chapter 8. Application of Foreign Law
Sec. 1. This chapter does not apply to a corporation, partnership, limited liability company, or business association that contracts to subject itself to a foreign law in a jurisdiction other than Indiana or the United States.
Sec. 2. As used in this chapter, "court" includes any court, board, administrative agency, or other adjudicative authority in Indiana.
Sec. 3. As used in this chapter, "ecclesiastical matters" include:
(1) the:
(A) election;
(B) appointment;
(C) calling;
(D) discipline;
(E) dismissal;
(F) removal; or
(G) excommunication;
of a member, officer, official, priest, nun, imam, monk, pastor, rabbi, or member of the clergy; and
(2) the determination or interpretation of a doctrine;
of a religious organization.
Sec. 4. (a) As used in this chapter, "foreign law" means any law, rule, legal code, or system:
(1) established; and
(2) used or applied;
in a jurisdiction outside the states of the United States, the District of Columbia, or the territories of the United States.
(b) The term does not mean or include any laws of a Native American tribe in this state.
Sec. 5. (a) As used in this chapter, "religious organization" means any church, seminary, synagogue, temple, mosque, religious order, religious corporation, religious association, or religious society whose identity is distinctive in terms of a common religious creed, beliefs, doctrines, practices or rituals based on any faith or denomination.
(b) The term includes a church or religious ministry that is a religious organization exempt from federal income taxation under Section 501(c)(3) or Section 501(d) of the Internal Revenue Code.
Sec. 6. A court may not apply, enforce, or grant comity, res judicata, claim preclusion, or issue preclusion to a foreign law, ruling, or judgment if doing so would violate the fundamental liberties, rights, and privileges guaranteed by the Constitution of the United States or the Constitution of the State of Indiana of the person against whom the foreign law, ruling, or judgment is being applied or enforced. The fundamental liberties, rights, and privileges to which this section applies include due process, freedom of religion, freedom of speech, and freedom of the press.
Sec. 7. If any contractual provision or agreement provides for the choice of a foreign law to govern its interpretation or the resolution of any dispute between parties, and if the foreign law incorporates any substantive or procedural law that, as applied to the dispute at issue, would not guarantee the parties the same fundamental liberties, rights, and privileges guaranteed by the Constitution of the United States and the Constitution of the State of Indiana, the agreement or contractual provision shall be interpreted or construed to preserve the fundamental
constitutional liberties, rights, and privileges of the parties. If the
contractual provision or agreement is incapable of being modified
or amended in order to preserve the fundamental liberties, rights,
and privileges of the parties, the agreement or contractual
provision is void and unenforceable.
Sec. 8. (a) If a contractual provision or agreement provides for
the choice of venue or forum outside the United States, and if the
jurisdiction chosen would likely apply any substantive or
procedural foreign law to the dispute at issue that would not grant
the parties the same fundamental liberties, rights, and privileges
guaranteed by the Constitution of the United States and the
Constitution of the State of Indiana, that agreement or contractual
provision is void and unenforceable.
(b) A court may not grant a motion of forum non conveniens or
a motion to dismiss granting comity to a proceeding pending in a
court outside the United States if the court finds that granting the
motion violates, or would likely lead to the violation of, the
fundamental liberties, rights, and privileges guaranteed under the
Constitution of the United States or the Constitution of the State of
Indiana of the nonmovant in a court outside the United States with
respect to the matter in dispute.
Sec. 9. (a) A court may not interpret this chapter as requiring or
authorizing any court to:
(1) adjudicate or prohibit any religious organization from
adjudicating ecclesiastical matters if adjudication by a court
would violate the prohibition of the establishment clause of
the First Amendment to the Constitution of the United States
or violate the Constitution of the State of Indiana; or
(2) determine or interpret doctrine of the religious
organization.
(b) A court or arbitrator may not interpret this chapter as
limiting the right of any person to the free exercise of religion as
guaranteed by the First Amendment to the Constitution of the
United States or the Constitution of the State of Indiana.
(c) This chapter shall not be interpreted to conflict with any
federal treaty or other international agreement entered into by the
United States as a party to the extent that the treaty or
international agreement preempts or is superior to state law on the
matter at issue.
