Bill Text: MI HB4769 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Civil rights; equal protection; application of foreign laws; prohibit. Creates new act.
Spectrum: Partisan Bill (Republican 42-0)
Status: (Introduced - Dead) 2012-11-27 - Motion To Discharge Committee Postponed For Day [HB4769 Detail]
Download: Michigan-2011-HB4769-Introduced.html
HOUSE BILL No. 4769
June 16, 2011, Introduced by Reps. Agema, Hooker, Tyler, McMillin, Lund, Bumstead, Glardon, Heise, Rogers, MacGregor, Nesbitt, MacMaster, Franz, Moss, Potvin, Genetski, Haveman, Lori, Pettalia, Haines, Shirkey, O'Brien, Knollenberg, Lyons, McBroom, Opsommer, Johnson, Denby, Muxlow, Outman, Damrow, Jacobsen, Rendon, Hughes, Kurtz, Price, Yonker, Daley, Kowall, Huuki, Scott and Cotter and referred to the Committee on Judiciary.
A bill to limit the application and enforcement by a court,
arbitrator, or administrative body of foreign laws that would
impair constitutional rights; to provide for modification or
voiding of certain contractual provisions or agreements that would
result in a violation of constitutional rights; and to require a
court, arbitrator, or administrative body to take certain actions
to prevent violation of constitutional rights.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) This act shall be known and may be cited as the
"restriction of application of foreign laws act".
(2) As used in this act "foreign law" means any law, legal
code, or system of a jurisdiction outside of any state or territory
of the United States, including, but not limited to, international
organizations and tribunals, and applied by that jurisdiction's
courts, administrative bodies, or other formal or informal
tribunals.
Sec. 2. A court, arbitrator, administrative agency, or other
adjudicative, mediation, or enforcement authority shall not enforce
a foreign law if doing so would violate a right guaranteed by the
constitution of this state or of the United States.
Sec. 3. (1) If any contractual provision or agreement provides
for the choice of a foreign law to govern its interpretation or the
resolution of any dispute between the parties and if the
enforcement or interpretation of the contractual provision or
agreement would result in a violation of a right guaranteed by the
constitution of this state or of the United States, the contractual
provision or agreement shall be applied as modified or amended to
the extent necessary to preserve the constitutional rights of the
parties.
(2) If any contractual provision or agreement provides for the
choice of venue or forum outside of the states or territories of
the United States, and if the enforcement or interpretation of the
contractual provision or agreement applying that choice of venue or
forum provision would result in a violation of any right guaranteed
by the constitution of this state or of the United States, that
contractual provision or agreement shall be interpreted or
construed to preserve the constitutional rights of the person
against whom enforcement is sought. Similarly, if a natural person
subject to personal jurisdiction in this state seeks to maintain
litigation, arbitration, agency, or similarly binding proceedings
in this state, and if a court of this state finds that granting a
claim of forum non conveniens or a related claim violates or would
likely lead to a violation of the constitutional rights of the
nonclaimant in the foreign forum with respect to the matter in
dispute, the claim shall be denied.
(3) Any contractual provision or agreement incapable of being
modified or amended to preserve the constitutional rights of the
parties pursuant to the provisions of this section is null and
void.
(4) If a corporation, partnership, limited liability company,
business association, or other legal entity contracts to subject
itself to foreign law in a jurisdiction outside of any state or
territory of the United States, this act does not apply to that
contract.
Sec. 4. This act applies only to actual or foreseeable
violations of the constitutional rights of a person caused by the
application of the foreign law.
