Revision: Feb. 22, 2012, midnight
HB 1422 – AS INTRODUCED
2012 SESSION
01/09
HOUSE BILL 1422
AN ACT relative to the applicability of foreign law in cases before New Hampshire courts.
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 court shall enforce foreign law or a state law enforcing foreign law if such enforcement violates an individual’s or corporation’s rights under the New Hampshire constitution or the United States Constitution.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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 courts.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Intent. The general court finds that the law and constitution of the state of New Hampshire and the Constitution of the United States of America afford New Hampshire citizens and corporations 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 corporations 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 corporations from the application of foreign laws when their 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 corporations. 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 a 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 sect or denomination or geographical locale.
(b) “Court” means state and local courts, boards, administrative agencies, arbitrators, mediators, conciliators, enforcement authorities, tribunals, commissions and boards, other bodies having similarly binding proceedings, and other adjudicative, mediation, or enforcement authority tribunals, whether formal or informal. The term shall also include persons acting on behalf of such court.
(c) “Corporation” means a corporation, partnership, limited liability corporation, sole proprietorship, financial institution, and other form of business association, organization, or group authorized to do business in the state.
(d) “Claim” means any litigation, arbitration, mediation, application, lawsuit, or public claim filed in the state or its municipalities.
II.(a) A court shall not apply or enforce foreign law, or a state law enforcing a foreign law, or base a determination in whole or in part on foreign law, if doing so could violate an individual’s or a corporation’s 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 United States Constitution.
(b) If an agreement includes or incorporates provisions regarding applicability of any substantive, procedural, or jurisdictional law, including but not limited to choice of law, forum non conveniens, venue or forum provisions, requiring foreign law to govern its interpretation or the resolution of a dispute between the parties to the agreement in whole or in part, and the interpretation or enforcement of the agreement could result in a violation of 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 United States Constitution of any New Hampshire citizen or corporation, the agreement shall be interpreted, construed, modified, or amended as necessary to preserve that right. An agreement that may not be so interpreted, construed, modified, or amended is void and unenforceable; however, nothing in this section shall be interpreted or construed to interfere with corporate contracts which do not adversely affect rights of nonparties to the contract.
(c) If a person subject to personal jurisdiction in New Hampshire asserts that foreign law governs, in whole or in part, any substantive, procedural, or jurisdictional provision, including but not limited to choice of law, forum non conveniens, venue or forum provisions, and granting the claim could result in a violation of 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 United States Constitution of any New Hampshire citizen or corporation, the assertion shall be denied.
III. Any court denying any relief requested under this section shall make written findings of fact and conclusions of law in rendering its decision.
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.