HB 1422 – AS AMENDED BY THE HOUSE
22Feb2012… 0713h
2012 SESSION
01/09
HOUSE BILL 1422
AN ACT relative to the applicability of foreign law in cases before New Hampshire tribunals.
SPONSORS: Rep. Birdsell, Rock 8; Rep. Pettengill, Carr 1; Rep. Burt, Hills 7; Rep. Tamburello, Rock 3; Rep. DeLemus, Straf 1; Rep. Duarte, Rock 1; Rep. Sapienza, Rock 8; Rep. Mirski, Graf 10; Sen. Carson, Dist 14
This bill declares that no New Hampshire tribunal shall enforce foreign law or a state law enforcing foreign law if such enforcement violates the rights of an individual or business under the New Hampshire constitution or the constitution of the United States.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22Feb2012… 0713h
12-2153
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to the applicability of foreign law in cases before New Hampshire tribunals.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Intent. The general court finds that the laws and constitution of the state of New Hampshire and the constitution of the United States of America afford New Hampshire citizens and businesses many rights, liberties, and privileges. It is the continuing public policy of this state that these rights, liberties, and privileges, and the peace, tranquility, and well-being of the citizens and businesses of this state not be threatened, abridged, violated, or restricted in any way. It is the public policy of this state to protect its citizens and businesses from the application of foreign law when its application could result in a violation of the rights, liberties, or privileges, or disturb the security, peace, tranquility, or well-being of its citizens or businesses. The general court finds that the application of foreign law in various agreements, contracts, claims, and other controversies could violate this public policy.
2 New Section; Applicability of Foreign Law. Amend RSA 490 by inserting after section 14-a the following new section:
490:14-b Applicability of Foreign Law.
I. In this section:
(a) “Foreign law” or “international law” means any law, regulation, rule, instruction, principle, edict, doctrine, system, tenet, precept, or legal code or system established and used or applied outside the United States or its territories, including but not limited to those of any denomination, sect, or geographical locale.
(b) “Tribunal” means any New Hampshire court, board, administrative agency, arbitration and mediation service and provider, enforcement authority, commission, and any other body having similarly binding proceedings, and any other adjudicative, mediation, or enforcement authority, whether formal or informal. The term shall also include persons acting on behalf of such tribunal.
(c) “Business” means a corporation, partnership, limited liability company, sole proprietorship, financial institution, and any other form of entity authorized to do business in the state of New Hampshire.
(d) “Claim” means any matter that is the subject of litigation, arbitration, mediation, application, lawsuit, or public claim filed in the state of New Hampshire or any municipality or subdivision thereof.
II.(a) Unless the parties have previously agreed in writing to the contrary, no tribunal shall apply or enforce a foreign law or a state law or decision enforcing a foreign law, or base a determination in whole or in part on foreign law, if such application or enforcement would supersede or take precedence over any right, liberty, or privilege under the constitution of the state of New Hampshire, the laws or public policy of the state of New Hampshire, or the constitution of the United States.
(b) If a person subject to personal jurisdiction in New Hampshire asserts a claim alleging that foreign law governs, in whole or in part, any substantive, procedural, or jurisdictional provision thereof, including but not limited to choice of law, forum non conveniens, venue, or forum provisions, and the tribunal determines that granting the claim would supersede or take precedence over any right, liberty, or privilege of any New Hampshire citizen or business under the constitution of the state of New Hampshire, the laws or public policy of the state of New Hampshire, or the constitution of the United States, the claim shall be denied.
III. A tribunal denying any relief requested under authority of this section shall make written findings of fact and conclusions of law in support of such denial.
3 Applicability. The provisions of RSA 490:14-b as inserted by section 2 of this act shall apply to claims filed, and contracts and agreements executed, on or after July 1, 2012.
4 Effective Date. This act shall take effect July 1, 2012.