House
File
135
-
Introduced
HOUSE
FILE
135
BY
WATTS
,
SALMON
,
SHEETS
,
HEARTSILL
,
FORRISTALL
,
VANDER
LINDEN
,
HOLT
,
BAUDLER
,
LANDON
,
GUSTAFSON
,
KOOIKER
,
GASSMAN
,
and
FISHER
A
BILL
FOR
An
Act
relating
to
the
application
of
foreign
laws,
and
1
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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135
Section
1.
NEW
SECTION
.
537C.1
Public
policy
of
this
state.
1
1.
It
shall
be
the
public
policy
of
this
state
to
protect
2
its
citizens
from
the
application
of
foreign
laws
when
the
3
application
of
foreign
law
will
result
in
the
violation
of
4
a
right
guaranteed
by
the
Constitution
of
the
United
States
5
or
the
Constitution
of
the
State
of
Iowa,
including
but
6
not
limited
to
due
process;
freedom
of
religion,
speech,
or
7
press;
and
any
right
of
privacy
or
marriage
embodied
in
the
8
Constitution
of
the
State
of
Iowa.
9
2.
It
shall
be
the
public
policy
of
this
state
to
fully
10
recognize
the
right
to
contract
freely
under
the
laws
of
this
11
state,
and
also
to
recognize
that
this
right
may
be
reasonably
12
and
rationally
circumscribed
pursuant
to
the
state’s
interest
13
to
protect
and
promote
rights
and
privileges
granted
under
14
the
Constitution
of
the
United
States
and
the
Constitution
of
15
the
State
of
Iowa,
including
but
not
limited
to
due
process;
16
freedom
of
religion,
speech,
or
press;
and
any
right
of
privacy
17
or
marriage
embodied
in
the
Constitution
of
the
State
of
Iowa.
18
Sec.
2.
NEW
SECTION
.
537C.2
Definition.
19
As
used
in
this
chapter,
“foreign
law”
means
any
law,
legal
20
code,
or
system
of
a
jurisdiction
outside
of
any
state
or
21
territory
of
the
United
States,
including
but
not
limited
to
22
international
organizations
and
tribunals,
and
applied
by
that
23
jurisdiction’s
courts,
administrative
bodies,
or
other
formal
24
or
informal
tribunals.
25
Sec.
3.
NEW
SECTION
.
537C.3
Use
of
foreign
laws
——
26
enforceability.
27
Any
court,
arbitration,
tribunal,
or
administrative
agency
28
ruling
or
decision
violates
the
public
policy
of
this
state
29
and
shall
be
void
and
unenforceable
if
the
court,
arbitration,
30
tribunal,
or
administrative
agency
bases
its
ruling
or
decision
31
in
the
matter
at
issue
in
whole
or
in
part
on
any
law,
legal
32
code,
or
system,
that
would
not
grant
the
parties
affected
by
33
the
ruling
or
decision
the
same
fundamental
liberties,
rights,
34
and
privileges
granted
under
the
Constitution
of
the
United
35
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135
States
and
the
Constitution
of
the
State
of
Iowa,
including
1
but
not
limited
to
due
process;
freedom
of
religion,
speech,
2
or
press;
and
any
right
of
privacy
or
marriage
embodied
in
the
3
Constitution
of
the
State
of
Iowa.
4
Sec.
4.
NEW
SECTION
.
537C.4
Choice
of
law.
5
A
contract
or
contractual
provision,
if
capable
of
6
segregation,
which
provides
for
the
choice
of
a
law,
legal
7
code,
or
system,
to
govern
some
or
all
of
the
disputes
8
between
the
parties
adjudicated
by
a
court
of
law
or
by
an
9
arbitration
panel
arising
from
the
contract
mutually
agreed
10
upon
violates
the
public
policy
of
this
state
and
shall
be
void
11
and
unenforceable
if
the
law,
legal
code,
or
system
chosen
12
includes
or
incorporates
any
substantive
or
procedural
law,
13
as
applied
to
the
dispute
at
issue,
that
would
not
grant
the
14
parties
the
same
fundamental
liberties,
rights,
and
privileges
15
granted
under
the
Constitution
of
the
United
States
and
the
16
Constitution
of
the
State
of
Iowa,
including
but
not
limited
17
to
due
process;
freedom
of
religion,
speech,
or
press;
and
any
18
right
of
privacy
or
marriage
embodied
in
the
Constitution
of
19
the
State
of
Iowa.
20
Sec.
5.
NEW
SECTION
.
537C.5
Jurisdiction.
21
A
contract
or
contractual
provision,
if
capable
of
22
segregation,
which
provides
for
jurisdiction
for
the
purpose
23
of
granting
the
courts
or
arbitration
panels
in
personam
24
jurisdiction
over
the
parties
to
adjudicate
any
disputes
25
between
the
parties
arising
from
the
contract
mutually
agreed
26
upon
violates
the
public
policy
of
this
state
and
shall
be
void
27
and
unenforceable
if
the
law,
legal
code,
or
system
chosen
28
includes
or
incorporates
any
substantive
or
procedural
law,
29
as
applied
to
the
dispute
at
issue,
that
would
not
grant
the
30
parties
the
same
fundamental
liberties,
rights,
and
privileges
31
granted
under
the
Constitution
of
the
United
States
and
the
32
Constitution
of
the
State
of
Iowa,
including
but
not
limited
33
to
due
process;
freedom
of
religion,
speech,
or
press;
and
any
34
right
of
privacy
or
marriage
embodied
in
the
Constitution
of
35
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135
the
State
of
Iowa.
1
Sec.
6.
NEW
SECTION
.
537C.6
Forum
non
conveniens.
2
If
a
person
of
this
state,
subject
to
personal
jurisdiction
3
in
this
state,
seeks
to
maintain
litigation,
arbitration,
4
agency,
or
similarly
binding
proceedings
in
this
state
and
if
5
the
courts
of
this
state
find
that
granting
a
claim
of
forum
6
non
conveniens
or
a
related
claim
violates
or
would
likely
7
violate
the
constitutional
rights
of
the
nonclaimant
in
the
8
foreign
forum
with
respect
to
the
matter
in
dispute,
the
claim
9
shall
be
denied.
10
Sec.
7.
NEW
SECTION
.
537C.7
Applicability.
11
1.
Without
prejudice
to
any
legal
right,
this
chapter
shall
12
not
apply
to
a
corporation,
partnership,
limited
liability
13
corporation,
business
association,
or
other
legal
entity
that
14
contracts
to
subject
itself
to
foreign
law
in
a
jurisdiction
15
other
than
this
state
or
the
United
States.
16
2.
This
chapter
shall
not
apply
to
a
church
or
to
a
17
religious
corporation,
association,
or
society,
with
respect
18
to
individuals
of
a
particular
religion
regarding
matters
19
that
are
purely
ecclesiastical,
including
but
not
limited
to
20
calling
a
pastor,
excluding
members
from
a
church,
electing
21
church
officers,
matters
concerning
church
bylaws,
constitution
22
and
doctrinal
regulations,
and
the
conduct
of
other
routine
23
church
business
where
the
jurisdiction
of
the
church
would
be
24
final,
and
the
jurisdiction
of
the
courts
of
this
state
would
25
be
contrary
to
the
First
Amendment
to
the
Constitution
of
the
26
United
States
and
to
Article
I
of
the
Constitution
of
the
State
27
of
Iowa.
This
exemption
in
no
way
grants
permission
for
any
28
otherwise
unlawful
act
under
the
guise
of
the
protection
of
the
29
First
Amendment
to
the
Constitution
of
the
United
States.
30
Sec.
8.
NEW
SECTION
.
537C.8
Conflict.
31
This
chapter
shall
not
be
interpreted
by
any
court
to
32
conflict
with
any
federal
treaty
or
other
international
33
agreement
to
which
the
United
States
is
a
party
to
the
extent
34
that
such
treaty
or
international
agreement
preempts
or
is
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135
superior
to
state
law
on
the
matter
at
issue.
1
Sec.
9.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
2
immediate
importance,
takes
effect
upon
enactment.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
the
application
of
foreign
laws.
7
The
bill
specifies
that
it
shall
be
the
public
policy
of
8
this
state
to
protect
its
citizens
from
the
application
of
9
foreign
laws
when
the
application
of
foreign
law
will
result
10
in
the
violation
of
a
right
guaranteed
by
the
Constitution
of
11
the
United
States
or
the
Constitution
of
the
State
of
Iowa,
12
including
but
not
limited
to
due
process;
freedom
of
religion,
13
speech,
or
press;
and
any
right
of
privacy
or
marriage
embodied
14
in
the
Constitution
of
the
State
of
Iowa.
15
The
bill
further
specifies
that
it
is
the
public
policy
of
16
this
state
to
fully
recognize
the
right
to
contract
freely
17
under
the
laws
of
this
state,
and
also
to
recognize
that
this
18
right
may
be
reasonably
and
rationally
circumscribed
pursuant
19
to
the
state’s
interest
to
protect
and
promote
rights
and
20
privileges
granted
under
the
Constitution
of
the
United
States
21
and
the
Constitution
of
the
State
of
Iowa.
22
As
used
in
the
bill,
“foreign
law”
means
any
law,
legal
23
code,
or
system
of
a
jurisdiction
outside
of
any
state
or
24
territory
of
the
United
States,
including
but
not
limited
to
25
international
organizations
and
tribunals,
and
applied
by
that
26
jurisdiction’s
courts,
administrative
bodies,
or
other
formal
27
or
informal
tribunals.
“Foreign
law”
as
defined
would
not
28
include
the
laws
of
the
Native
American
tribes
of
this
state
as
29
that
jurisdiction
is
within
this
state.
30
The
bill
establishes
that
it
is
a
violation
of
the
public
31
policy
of
this
state
if
any
court,
arbitration,
tribunal,
32
or
administrative
agency
ruling
or
decision
bases
a
ruling
33
or
decision
in
the
matter
at
issue
in
whole
or
in
part
34
on
any
law,
legal
code,
or
system,
that
would
not
grant
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135
the
parties
affected
by
the
ruling
or
decision
the
same
1
fundamental
liberties,
rights,
and
privileges
granted
under
the
2
Constitution
of
the
United
States
and
the
Constitution
of
the
3
State
of
Iowa.
The
bill
specifies
such
a
ruling
is
void
and
4
unenforceable.
5
Under
the
bill,
a
contract
or
contractual
provision,
if
6
capable
of
segregation,
which
provides
for
the
choice
of
a
law,
7
legal
code,
or
system,
to
govern
some
or
all
of
the
disputes
8
between
the
parties
arising
from
a
contract
mutually
agreed
9
upon
violates
the
public
policy
of
this
state
and
shall
be
void
10
and
unenforceable
if
the
law,
legal
code,
or
system
chosen
11
includes
or
incorporates
any
substantive
or
procedural
law,
12
as
applied
to
the
dispute
at
issue,
that
would
not
grant
the
13
parties
the
same
fundamental
liberties,
rights,
and
privileges
14
granted
under
the
Constitution
of
the
United
States
and
the
15
Constitution
of
the
State
of
Iowa.
16
A
contract
or
contractual
provision
under
the
bill,
if
17
capable
of
segregation,
which
specifies
jurisdiction
for
18
the
purpose
of
granting
the
courts
or
arbitration
panels
in
19
personam
jurisdiction
over
the
parties
to
adjudicate
any
20
disputes
between
the
parties
arising
from
a
contract
mutually
21
agreed
upon,
shall
be
void
and
unenforceable
if
the
law,
legal
22
code,
or
system
chosen
includes
or
incorporates
any
substantive
23
or
procedural
law,
as
applied
to
the
dispute
at
issue,
that
24
would
not
grant
the
parties
the
same
fundamental
liberties,
25
rights,
and
privileges
granted
under
the
Constitution
of
the
26
United
States
and
the
Constitution
of
the
State
of
Iowa.
27
If
a
person
of
this
state,
subject
to
personal
jurisdiction
28
in
this
state,
seeks
to
maintain
litigation,
arbitration,
29
agency,
or
similarly
binding
proceedings
in
this
state
and
if
30
the
courts
of
this
state
find
that
granting
a
claim
of
forum
31
non
conveniens
or
a
related
claim
violates
the
constitutional
32
rights
of
the
nonclaimant
in
the
foreign
forum
with
respect
33
to
the
matter
in
dispute,
the
bill
requires
that
the
claim
be
34
denied.
35
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135
The
bill
does
not
apply
to
a
corporation,
partnership,
1
limited
liability
corporation,
business
association,
or
other
2
legal
entity
that
contracts
to
subject
itself
to
foreign
law
in
3
a
jurisdiction
other
that
this
state
or
the
United
States.
The
4
bill
also
does
not
apply
to
many
activities
involving
a
church
5
or
religious
organization.
6
Additionally,
the
provisions
of
the
bill
shall
not
be
7
interpreted
by
any
court
to
conflict
with
any
federal
treaty
or
8
other
international
agreement
to
which
the
United
States
is
a
9
party
to
the
extent
that
such
treaty
or
international
agreement
10
preempts
or
is
superior
to
state
law
on
the
matter
at
issue.
11
The
bill
takes
effect
upon
enactment.
12
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