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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
602
BY
JUDICIARY,
RULES
AND
ADMINISTRATION
COMMITTEE
AN
ACT
1
RELATING
TO
FOREIGN
LAWS;
AMENDING
TITLE
73,
IDAHO
CODE,
BY
THE
ADDITION
OF
2
A
NEW
CHAPTER
6,
TITLE
73,
IDAHO
CODE,
TO
PROVIDE
LEGISLATIVE
INTENT,
3
TO
DEFINE
TERMS,
TO
PROVIDE
FOR
THE
UNENFORCEABILITY
OF
FOREIGN
LAWS,
4
TO
PROVIDE
FOR
CHOICE
OF
LAW
IN
CERTAIN
INSTANCES,
TO
PROVIDE
FOR
JU
-
5
RISDICTION
IN
CERTAIN
INSTANCES,
TO
PROVIDE
FOR
FORUM
NON
CONVENIENS
IN
6
CERTAIN
INSTANCES,
TO
PROVIDE
APPLICABILITY,
AND
TO
PROVIDE
FOR
CERTAIN
7
CONFLICTS;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
8
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
9
SECTION
1.
That
Title
73,
Idaho
Code,
be,
and
the
same
is
hereby
amended
10
by
the
addition
thereto
of
a
NEW
CHAPTER
,
to
be
known
and
designated
as
Chap
-
1
1
ter
6,
Title
73,
Idaho
Code,
and
to
read
as
follows:
12
CHAPTER
6
13
APPLICATION
OF
FOREIGN
LAWS
14
73
-
601.
LEGISLATIVE
INTENT.
It
shall
be
the
public
policy
of
this
15
state
to
protect
its
citizens
from
the
application
of
foreign
laws
when
the
16
application
of
a
foreign
law
will
result
in
the
violation
of
a
fundamental
17
right
guaranteed
by
the
constitution
of
the
United
States
or
the
constitu
-
18
tion
of
the
state
of
Idaho,
including
but
not
limited
to
due
process,
freedom
19
of
religion,
speech,
or
the
press,
and
any
right
of
privacy
or
marriage
em
-
20
bodied
in
the
constitution
of
the
state
of
Idaho.
21
73
-
602.
DEFINITIONS.
As
used
in
this
chapter:
22
(1)
"Court"
means
any
court,
board,
tribunal,
arbitration,
administra
-
23
tive
agency,
or
other
adjudicative
or
enforcement
authority
of
this
state.
24
(2)
"Foreign
law"
means
any
law,
legal
code,
or
system
adopted
by
a
ju
-
25
risdiction
outside
of
any
state
or
territory
of
the
United
States,
including
26
but
not
limited
to
international
organizations
and
tribunals,
and
applied
by
27
that
jurisdiction's
courts,
administrative
bodies,
or
other
formal
or
in
-
28
formal
tribunals.
For
the
purposes
of
this
chapter,
"foreign
law"
shall
not
29
mean,
nor
shall
it
include,
any
laws
of
the
Indian
tribes
in
this
state
or
the
30
English
common
law.
31
(3)
"Religious
organization"
means
any
church,
seminary,
synagogue,
32
temple,
mosque,
religious
order,
or
religious
corporation,
association,
or
33
society
whose
identity
is
distinctive
in
terms
of
common
religious
creed,
34
beliefs,
doctrines,
practices,
or
rituals
of
any
faith
or
denomination,
in
-
35
cluding
any
organization
qualifying
as
a
church
or
religious
organization
36
under
section
501(c)(3)
or
501(d)
of
the
Internal
Revenue
Code.
37
73
-
603.
USE
OF
FOREIGN
LAWS
-
-
UNENFORCEABILITY.
Any
court
ruling
or
38
decision
that
violates
the
public
policy
of
this
state
shall
be
void
and
un
-
39
2
enforceable
to
the
extent
that
the
court
bases
its
ruling
or
decision
in
the
1
matter
at
issue,
in
whole
or
in
part,
on
any
foreign
law
that
would
not
grant
2
the
parties
affected
by
the
ruling
or
decision
similar
fundamental
liber
-
3
ties,
rights,
and
privileges
guaranteed
under
the
constitution
of
the
United
4
States
and
the
constitution
of
the
state
of
Idaho,
including
but
not
limited
5
to
due
process,
freedom
of
religion,
speech,
or
the
press,
and
any
right
of
6
privacy
or
marriage
embodied
in
the
constitution
of
the
state
of
Idaho.
7
73
-
604.
CHOICE
OF
LAW.
A
contract
or
contractual
provision
that
pro
-
8
vides
for
the
choice
of
foreign
law
to
govern
some
or
all
of
the
disputes
9
between
the
parties
adjudicated
by
a
court
or
by
an
arbitration
panel
arising
10
from
the
contract
mutually
agreed
on
that
violates
the
public
policy
of
this
1
1
state
shall
be
void
and
unenforceable
if
the
foreign
law
chosen
includes
or
12
incorporates
substantive
or
procedural
law,
as
applied
to
the
dispute
at
is
-
13
sue,
that
would
not
grant
the
parties
similar
fundamental
liberties,
rights,
14
and
privileges
guaranteed
under
the
constitution
of
the
United
States
and
15
the
constitution
of
the
state
of
Idaho,
including
but
not
limited
to
due
16
process,
freedom
of
religion,
speech,
or
the
press,
and
any
right
of
privacy
17
or
marriage
embodied
in
the
constitution
of
the
state
of
Idaho.
18
73
-
605.
JURISDICTION.
A
contract
or
contractual
provision
that
pro
-
19
vides
for
jurisdiction
for
the
purpose
of
granting
the
courts
or
arbitration
20
panels
in
personam
jurisdiction
over
the
parties
to
adjudicate
any
disputes
21
between
the
parties
arising
from
the
contract
mutually
agreed
on
shall
vio
-
22
late
the
public
policy
of
this
state
and
be
void
and
unenforceable
if
the
ju
-
23
risdiction
or
arbitration
panel
chosen
includes
or
incorporates
substantive
24
or
procedural
foreign
law,
as
applied
to
the
dispute
at
issue,
that
would
not
25
guarantee
the
parties
similar
fundamental
liberties,
rights,
and
privileges
26
guaranteed
under
the
constitution
of
the
United
States
and
the
constitution
27
of
the
state
of
Idaho,
including
but
not
limited
to
due
process,
freedom
of
28
religion,
speech,
or
the
press,
and
any
right
of
privacy
or
marriage
embodied
29
in
the
constitution
of
the
state
of
Idaho.
30
73
-
606.
FORUM
NON
CONVENIENS.
If
a
person,
subject
to
personal
juris
-
31
diction
in
this
state,
seeks
to
maintain
litigation,
arbitration,
agency,
or
32
similarly
binding
proceedings
in
this
state
and
if
the
courts
of
this
state
33
find
that
granting
a
claim
of
forum
non
conveniens
violates
or
would
likely
34
violate
a
fundamental
right
guaranteed
under
the
constitution
of
the
United
35
States
or
the
constitution
of
the
state
of
Idaho
of
the
nonclaimant
in
the
36
foreign
forum
with
respect
to
the
matter
in
dispute,
the
claim
shall
be
de
-
37
nied.
38
73
-
607.
APPLICABILITY.
(1)
This
chapter
shall
not
apply
to
a
corpo
-
39
ration,
partnership,
limited
liability
company,
business
association,
or
40
other
legal
entity
to
the
extent
that
it
contracts
to
subject
itself
to
for
-
41
eign
law
in
a
jurisdiction
other
than
this
state
or
the
United
States.
42
(2)
This
chapter
shall
not
apply
to
a
contract
entered
into
prior
to
the
43
effective
date
of
this
act.
44
(3)
The
provisions
of
this
chapter
shall
not
be
construed
to
limit
the
45
right
of
any
person
to
the
free
exercise
of
religion
as
guaranteed
by
the
46
3
first
amendment
to
the
constitution
of
the
United
States
and
section
4,
ar
-
1
ticle
I
of
the
constitution
of
the
state
of
Idaho.
The
provisions
of
this
2
chapter
shall
not
be
construed
to
require
or
authorize
any
court
to
adjudi
-
3
cate
or
prohibit
any
religious
organization
from
adjudicating
ecclesiasti
-
4
cal
matters,
including
but
not
limited
to
the
appointment,
calling,
disci
-
5
pline,
dismissal,
removal,
or
excommunication
of
a
member,
officer,
offi
-
6
cial,
priest,
nun,
monk,
pastor,
rabbi,
imam,
or
other
member
of
the
clergy
7
of
the
religious
organization,
or
the
determination
or
interpretation
of
the
8
doctrine
of
the
religious
organization
where
adjudication
by
a
court
would
9
violate
the
establishment
or
free
exercise
clause
of
the
first
amendment
to
10
the
constitution
of
the
United
States
and
section
4,
article
I
of
the
consti
-
1
1
tution
of
the
state
of
Idaho.
12
73
-
608.
CONFLICT.
This
chapter
shall
not
be
construed
to
conflict
with
13
any
federal
treaty
or
other
international
agreement
to
which
the
United
14
States
is
a
party,
to
the
extent
that
such
treaty
or
international
agreement
15
is
valid
and
preempts
or
is
superior
to
state
law
on
the
matter
at
issue.
16
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
17
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
18
July
1,
2026.
19