HB1512C-CIVIL LIBERTIES DEFENSE ACT
Summary of the Committee Version of the Bill

HB 1512 -- CIVIL LIBERTIES DEFENSE ACT

SPONSOR:  Curtman

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 8 to 4.

This bill establishes the Civil Liberties Defense Act which
specifies that it must be the public policy of Missouri to
protect its citizens from the application of foreign laws when
the application of a foreign law will result in the violation of
a right guaranteed by the Missouri Constitution or the United
States Constitution.

The bill specifies that any court, tribunal, arbitration, or
administrative agency decision or ruling which is based, in whole
or in part, on foreign law, legal code, or system that would not
grant the parties affected by the decision or ruling the same
rights granted under the Missouri Constitution or the United
States Constitution will violate the public policy of Missouri
and be void and unenforceable.

A contract or contractual provision which provides for the choice
of a law, legal code, or system to govern any dispute which does
not grant the same rights under the Missouri Constitution or the
United States Constitution will violate the public policy of
Missouri and be void and unenforceable.

A contract which provides for a jurisdiction in a dispute that
includes any foreign law, legal code, or system that would not
grant the parties the same rights under the Missouri Constitution
or the United States Constitution will violate the public policy
of Missouri and be void and unenforceable.

A claim of forum non conveniens or a related claim must be denied
if a court finds that granting the claim would likely violate the
rights under the Missouri Constitution or the United States
Constitution of the non-claimant in the foreign forum.

These provisions cannot apply to a corporation, partnership,
limited liability company, business association, or other legal
entity that contracts to subject itself to foreign law in a
jurisdiction other than Missouri or the United States.

No court or arbitrator can interpret these provisions to limit
the right of any person to the free exercise of religion as
guaranteed by the Missouri Constitution and the United States
Constitution.

FISCAL NOTE:  No impact on state funds in FY 2013, FY 2014, and
FY 2015.

PROPONENTS:  Supporters say that the bill contains exemptions and
exclusions to alleviate concerns in similar legislation from last
session.

Testifying for the bill were Representative Curtman; and Missouri
Family Network.

OPPONENTS:  There was no opposition voiced to the committee.

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Missouri House of Representatives
Last Updated February 21, 2012 at 3:22 pm