Read the full stored bill text
House
File
2554
-
Introduced
HOUSE
FILE
2554
BY
THOMPSON
A
BILL
FOR
An
Act
relating
to
the
application
of
foreign
law
and
1
limiting
changes
in
venue
of
civil
actions,
and
including
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
623.1
Prohibition
on
transfer
of
1
civil
actions
involving
foreign
law.
2
1.
As
used
in
this
section,
“foreign
law”
means
any
law,
3
legal
code,
or
legal
system
of
a
jurisdiction
outside
any
state
4
or
territory
of
the
United
States,
including
but
not
limited
5
to
laws
or
rules
of
international
organizations,
tribunals,
or
6
courts.
7
2.
A
court
of
this
state,
an
arbitration
panel,
a
tribunal,
8
or
an
administrative
agency
shall
not
transfer
a
civil
action
9
to
another
court
or
forum
if
the
transfer
would
result
in
10
application
of
a
foreign
law
that
would
violate
or
is
likely
to
11
violate
a
fundamental
liberty,
right,
or
privilege
guaranteed
12
by
the
Constitution
of
the
United
States
or
the
Constitution
of
13
the
State
of
Iowa.
14
Sec.
2.
NEW
SECTION
.
626E.1
Application
of
foreign
law.
15
1.
As
used
in
this
section,
“foreign
law”
means
any
law,
16
legal
code,
or
legal
system
of
a
jurisdiction
outside
any
state
17
or
territory
of
the
United
States,
including
but
not
limited
18
to
laws
or
rules
of
international
organizations,
tribunals,
or
19
courts.
20
2.
A
ruling
or
decision
of
a
court
of
this
state,
an
21
arbitration
panel,
a
tribunal,
or
an
administrative
agency
that
22
is
based,
in
whole
or
in
part,
on
a
foreign
law
is
void
and
23
unenforceable
if
application
of
the
foreign
law
denies
a
party
24
a
fundamental
liberty,
right,
or
privilege
guaranteed
by
the
25
Constitution
of
the
United
States
or
the
Constitution
of
the
26
State
of
Iowa.
27
3.
A
contract,
or
a
contractual
provision
if
severable,
that
28
provides
for
the
choice
or
application
of
a
foreign
law
is
void
29
and
unenforceable
if
application
of
the
foreign
law
denies
a
30
party
a
fundamental
liberty,
right,
or
privilege
guaranteed
by
31
the
Constitution
of
the
United
States
or
the
Constitution
of
32
the
State
of
Iowa.
33
4.
A
contract,
or
a
contractual
provision
if
severable,
34
that
grants
jurisdiction
to
a
foreign
tribunal
or
forum
is
void
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and
unenforceable
if
exercise
of
jurisdiction
by
the
foreign
1
tribunal
or
forum
results
in
application
of
a
foreign
law
that
2
denies
a
party
a
fundamental
liberty,
right,
or
privilege
3
guaranteed
by
the
Constitution
of
the
United
States
or
the
4
Constitution
of
the
State
of
Iowa.
5
5.
This
section
shall
not
be
construed
to
do
any
of
the
6
following:
7
a.
Disapprove,
abrogate,
or
overturn
existing
precedent
of
8
the
supreme
court.
9
b.
Limit
the
adjudication
of
ecclesiastical
or
internal
10
religious
matters
of
a
religious
organization,
including
the
11
selection,
appointment,
discipline,
or
removal
of
clergy,
or
12
the
interpretation
of
religious
doctrine.
13
c.
Apply
to
a
corporation,
partnership,
limited
liability
14
company,
association,
or
any
other
type
of
business
entity
15
that
voluntarily
and
knowingly
subjects
the
corporation,
16
partnership,
limited
liability
company,
association,
or
other
17
type
of
business
entity
to
foreign
law
or
a
foreign
forum.
18
d.
Apply
in
any
circumstance
in
which
federal
law
preempts
19
state
law,
including
obligations
arising
under
treaties
or
20
international
agreements
to
which
the
United
States
is
a
party.
21
Sec.
3.
APPLICABILITY.
This
Act
applies
to
civil
actions,
22
contracts,
arbitrations,
and
administrative
proceedings
23
commenced
on
or
after
the
effective
date
of
this
Act.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
the
application
of
foreign
law
and
28
limits
the
transfer
of
civil
actions
when
application
of
29
foreign
law
would
violate
constitutional
protections.
30
The
bill
defines
“foreign
law”
as
law,
legal
codes,
or
31
legal
systems
of
jurisdictions
outside
any
state
or
territory
32
of
the
United
States,
including
international
organizations,
33
tribunals,
or
courts.
The
bill
prohibits
a
court
of
this
34
state,
an
arbitration
panel,
a
tribunal,
or
an
administrative
35
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agency
from
transferring
a
civil
action
to
another
court
or
1
forum
if
the
transfer
would
result
in
application
of
foreign
2
law
that
would
violate
or
is
likely
to
violate
a
fundamental
3
liberty,
right,
or
privilege
guaranteed
by
the
Constitution
of
4
the
United
States
or
the
Constitution
of
the
State
of
Iowa.
5
The
bill
provides
that
rulings
or
decisions
of
courts,
6
arbitration
panels,
tribunals,
or
administrative
agencies
7
are
void
and
unenforceable
if
based,
in
whole
or
in
part,
8
on
foreign
law
that
denies
a
party
a
fundamental
liberty,
9
right,
or
privilege
guaranteed
under
the
federal
or
state
10
constitution.
The
bill
also
provides
that
contracts,
or
11
severable
contractual
provisions,
selecting
foreign
law
or
12
granting
jurisdiction
to
a
foreign
tribunal
or
forum
are
void
13
and
unenforceable
if
application
of
foreign
law
results
in
the
14
denial
of
constitutional
rights.
15
The
bill
specifies
that
these
provisions
do
not
overturn
16
existing
precedent
of
the
supreme
court,
do
not
limit
17
adjudication
of
ecclesiastical
or
internal
religious
matters
18
of
religious
organizations,
do
not
apply
to
entities
that
19
voluntarily
and
knowingly
subject
themselves
to
foreign
law
20
or
foreign
forums,
and
do
not
apply
in
circumstances
in
which
21
federal
law
preempts
state
law,
including
obligations
arising
22
under
treaties
or
international
agreements.
23
The
bill
applies
to
civil
actions,
contracts,
arbitrations,
24
and
administrative
proceedings
commenced
on
or
after
the
25
effective
date
of
the
bill.
26
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