HOUSE BILL No. 5874

September 14, 2016, Introduced by Reps. Hooker, Runestad, Franz, Somerville and Barrett and referred to the Committee on Judiciary.

A bill to limit the application and enforcement by a court,

arbitrator, or administrative body of foreign laws that would

impair constitutional rights; to provide for modification or

voiding of certain contractual provisions or agreements that would

result in a violation of constitutional rights; and to require a

court, arbitrator, or administrative body to take certain actions

to prevent violation of constitutional rights.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. (1) This act shall be known and may be cited as the

"restriction of application of foreign laws act".

(2) As used in this act, "foreign law" means any law, legal

code, or system of a jurisdiction outside of any 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.

Sec. 2. A court, arbitrator, administrative agency, or other

adjudicative, mediation, or enforcement authority shall not enforce

a foreign law if doing so would violate a right guaranteed by the

constitution of this state or of the United States.

Sec. 3. (1) If any contract or other agreement provides for

the choice of a foreign law to govern its interpretation or the

resolution of any dispute between the parties and if the

enforcement or interpretation of the choice of law provision would

result in a violation of a right guaranteed by the constitution of

this state or of the United States, the choice of law provision

shall be applied as modified or amended to the extent necessary to

preserve the constitutional rights of the parties.

(2) If any contract or other agreement provides for the choice

of venue or forum outside of the states or territories of the

United States, and if the enforcement, interpretation, or

application of that choice of venue or forum provision would result

in a violation of any right guaranteed by the constitution of this

state or of the United States, that provision shall be interpreted

or construed and modified or amended to the extent necessary to

preserve the constitutional rights of the person against whom

enforcement is sought. Similarly, if a natural person subject to

personal jurisdiction in this state seeks to maintain litigation,

arbitration, agency, or similarly binding proceedings in this

state, and if a court of this state finds that granting a claim of

forum non conveniens or a related claim violates or would likely

lead to a violation of the constitutional rights of the nonclaimant

in the foreign forum with respect to the matter in dispute, the

claim shall be denied.

(3) Any contractual provision or agreement incapable of being

modified or amended as provided in subsection (1) or (2) to

preserve the constitutional rights of the parties pursuant to the

provisions of this section is null and void.

(4) If a corporation, partnership, limited liability company,

business association, or other legal entity contracts to subject

itself to foreign law in a jurisdiction outside of any state or

territory of the United States, this act does not apply to that

contract.

Sec. 4. This act applies only to actual or foreseeable

violations of the constitutional rights of a person caused by the

application of the foreign law.

Sec. 5. Nothing in this act shall be construed to allow a

court, arbitrator, or administrative body to do any of the

following:

(a) Adjudicate, or prohibit any religious organization from

deciding, ecclesiastical matters of a religious organization,

including, but not limited to, the selection, appointment, calling,

discipline, dismissal, removal, or excommunication of a member,

member of the clergy, or other person who performs ministerial

functions.

(b) Determine or interpret the doctrine of a religious

organization, including, but not limited to, a situation in which

adjudication by a court would violate Amendment I or XIV of the