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AR HB1474

Bill

Status

Failed

4/22/2015

Primary Sponsor

Brandt Smith

Click for details

Origin

House of Representatives

90th General Assembly (2015 Regular)

AI Summary

  • Establishes state policy to protect Arkansas citizens from application of foreign laws that violate fundamental constitutional rights including due process, equal protection, freedom of religion, speech, press, right to bear arms, privacy, and marriage as defined by Arkansas Constitution Amendment 83.

  • Voids and makes unenforceable any court ruling, arbitration decision, or administrative agency decision that applies foreign law lacking these fundamental protections in whole or in part.

  • Voids and makes unenforceable contracts or contractual provisions allowing choice of foreign law or foreign jurisdiction if the chosen law does not grant parties the listed fundamental rights, with exceptions for business entities contracting to subject themselves to foreign law outside Arkansas or the United States.

  • Denies claims of forum non conveniens if a resident of Arkansas subject to state jurisdiction shows that granting such a claim would likely violate the nonclaimant's fundamental constitutional rights in a foreign forum.

  • Preserves religious organizations' right to adjudicate ecclesiastical matters without court interference and does not conflict with federal treaties or international agreements that preempt state law; excludes Native American tribal laws from the definition of "foreign law."

Legislative Description

To Protect The Rights And Privileges Granted Under The United States Constitution And The Arkansas Constitution; To Declare American Laws For American Courts.

Last Action

Died in Senate at Sine Die adjournment.

4/22/2015

Committee Referrals

Judiciary3/5/2015
Judiciary2/26/2015

Full Bill Text

No bill text available