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NC H522

Bill

Status

Passed

8/26/2013

Primary Sponsor

Marilyn Avila

Click for details

Origin

House of Representatives

2013-2014 Session

AI Summary

  • Prohibits North Carolina courts, administrative agencies, arbitrators, mediators, and other state entities from applying foreign law in divorce, child custody, child support, alimony, or equitable distribution cases if doing so would violate fundamental constitutional rights guaranteed by the U.S. or North Carolina Constitution.

  • Requires modification or voiding of contract provisions that specify foreign law or foreign venues if enforcement would violate a party's fundamental constitutional rights, with exceptions for voluntary and unambiguous waivers of constitutional rights.

  • Denies motions to transfer litigation, arbitration, or binding proceedings to foreign venues or forums if such transfer would likely violate the fundamental constitutional rights of the non-movant party.

  • Defines "foreign law" as laws established in foreign venues or forums, excluding U.S. federal law, state law, and governments subject to the Full Faith and Credit Clause of the U.S. Constitution.

  • Takes effect September 1, 2013, and applies only to agreements and contracts entered into on or after that date and to matters under North Carolina's family law chapters (Chapters 50 and 50A).

Legislative Description

Foreign Laws/Protect Constitutional Rights

Last Action

Ch. SL 2013-416

8/26/2013

Committee Referrals

Judiciary I6/24/2013
Rules and Operations of the Senate5/20/2013
Judiciary Subcommittee C5/2/2013
Public Utilities and Energy4/4/2013

Full Bill Text

No bill text available