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SECOND REGULAR SESSION
HOUSE BILL NO. 3338
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE WHALEY .
7263H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapters 1, 506, and 508, RSMo, by adding thereto three new sections relating to
application of foreign law .
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 1, 506, and 508, RSMo, are amended by adding thereto three
2 new sections, to be known as sections 1.037, 506.602, and 508.074, to read as follows:
1.037. The W orld Health Organization, the United Nations, the W orld Economic
2 Forum, and any other international organization or body shall have no jurisdiction or
3 power within the state of Missouri. No rule, r egulation, fee, tax, policy , or mandate of
4 any kind of the W orld Health Organization, the United Nations, the W orld Economic
5 Forum, or any other international organization or body shall be enfor ced or
6 implemented by the state of Missouri or any agency , department, board, or
7 commission of the state or any municipality or other political subdivision of the state.
506.602. 1. This section shall be known and may be cited as the "No Shari'a
2 Act".
3 2. As used in this section, the following terms mean:
4 (1) "Foreig n law", any law , legal framework, legal code, or system, including
5 r eligious law when invoked as a substitute for a state or federal law , derived fr om a
6 jurisdiction outside of any state or territory of the United States, including international
7 organizations and tribunals;
8 (2) "Fundamental rights", rights guaranteed by the Constitution of Missouri
9 and the Constitution of the United States, including, but not limited to, due pro cess,
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
10 equal pr otection, fr eedom of relig ion, fr eedom of speech, and rights rel ated to marriage,
11 child custody , and prop erty .
12 3. The application of Shari'a law or any for eign law that denies the parties
13 fundamental rights shall be pro hibited and r ender the following void and
1 4 unenfor ceable:
15 (1) A ruling or decision of any state court, arbitration panel, or administrative
16 agency;
17 (2) A contract or contractual pr ovision, if severable, that prov ides for the choice
18 of Shari'a law or any for eign law; and
19 (3) A contract or contractual pro vision, if severable, that grants jurisdiction to a
20 for eign tribunal.
21 4. No court shall enforce or apply:
22 (1) A judgment, decree , or arbitration decision if it r elies, in whole or in part, on
23 Shari'a law or any for eign law that violates the fundamental rights of a party;
24 (2) A contract or contractual pr ovision, if severable, that prov ides for the choice
25 of Shari'a law or any for eign law wher e the enforcem ent or application would be in
26 violation of a party's fundamental rights; or
27 (3) Shari'a law or for eign law in matters involving marriage, divor ce, child
28 custody , adoption, or inheritance if such enforcemen t or application would be
29 inconsistent with fundamental rights or public policy .
30 5. The pr ovisions of this section shall not be construed to:
31 (1) Disappr ove or abr ogate existing pre cedent of the Missouri suprem e court;
32 (2) Limit adjudication of ecclesiastical matters of a re ligious organization,
33 including the selection, appointment, discipline, or r emoval of clergy or interpr etation of
34 doctrine;
35 (3) Apply to corporations, partnerships, or associations that voluntarily subject
36 themselves to any for eign law or for eign courts; or
37 (4) Apply where federal law pr eempts state law , including obligations under
38 tr eaties or international agreements.
508.074. No state court, arbitration panel, tribunal, or administrative agency
2 shall transfer any civil action if such transfer would res ult in the application of Shari'a
3 law or any other for eign law , as the term "for eign law" is defined in section 506.602,
4 that would violate or likely violate fundamental rights, as the term "fundamental
5 rights" is defined in section 506.602.
✔
HB 3338 2