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IN SB0029

Bill

Status

Introduced

1/5/2016

Primary Sponsor

Brent Steele

Click for details

Origin

Senate

2016 Regular Session

AI Summary

SB 29 Summary

  • Prohibits Indiana courts from applying, enforcing, or recognizing foreign laws, rulings, or judgments that would violate fundamental constitutional rights including due process, freedom of religion, speech, and press.

  • Voids and makes unenforceable any contract provision requiring application of foreign law or selection of foreign venue if doing so would deny parties the same constitutional liberties and rights guaranteed by U.S. and Indiana constitutions.

  • Prevents courts from granting motions for forum non conveniens or dismissal with comity to foreign proceedings if such grants would likely violate the nonmoving party's constitutional rights.

  • Prohibits courts from adjudicating ecclesiastical matters of religious organizations or interpreting religious doctrine, while preserving the free exercise of religion rights.

  • Excludes businesses (corporations, partnerships, limited liability companies) that voluntarily contract to subject themselves to foreign law in foreign jurisdictions, and does not apply to Native American tribal laws.

  • Effective date: July 1, 2016.

Legislative Description

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 Constitution of the United States or the Constitution of the State of Indiana. Provides that a provision in a contract or agreement that: (1) provides for the choice of foreign laws in its interpretation; or (2) provides for the choice of venue or forum; and that would result in a violation of a fundamental liberty, right, or

Last Action

First reading: referred to Committee on Judiciary

1/5/2016

Committee Referrals

Judiciary1/5/2016

Full Bill Text

No bill text available