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MO SB676

Bill

Status

Introduced

1/17/2012

Primary Sponsor

Brian Nieves

Click for details

Origin

Senate

2012 Regular Session

AI Summary

  • Establishes the "Civil Liberties Defense Act" as state policy to protect Missouri citizens from application of foreign laws that violate rights guaranteed by U.S. or Missouri constitutions, including due process, freedom of religion, speech, or press, and privacy rights.

  • Voids and makes unenforceable any court ruling, arbitration decision, or administrative agency decision based wholly or partly on foreign law that would not grant parties the same fundamental liberties and rights as those guaranteed by U.S. and Missouri constitutions.

  • Voids and makes unenforceable contracts or contractual provisions selecting foreign law to govern disputes if that foreign law would not grant parties the same fundamental constitutional liberties, rights, and privileges as U.S. and Missouri law.

  • Voids and makes unenforceable contractual jurisdiction clauses selecting foreign forums if that jurisdiction's law would not grant parties the same fundamental constitutional liberties, rights, and privileges; requires Missouri courts to deny forum non conveniens claims if granting them would violate a resident's fundamental rights in the foreign forum.

  • Exempts corporations, partnerships, limited liability companies, and other business entities from these restrictions; preserves free exercise of religion rights and prohibits courts from adjudicating ecclesiastical matters of religious organizations; does not conflict with federal treaties or international agreements that preempt state law.

Legislative Description

Specifies how courts may rule in contractual disputes involving the law of other countries and jurisdictional issues involving other countries

Last Action

S Informal Calendar S Bills for Perfection--SB 676-Nieves, with SCA 1 (pending)

5/18/2012

Committee Referrals

General Laws2/2/2012

Full Bill Text

No bill text available