Senate Bill 2802

AN ACT TO PROTECT RIGHTS AND PRIVILEGES GRANTED UNDER THE UNITED STATES CONSTITUTION AND THE MISSISSIPPI CONSTITUTION OF 1890; TO ADDRESS THE APPLICATION OF FOREIGN LAWS IN JUDICIAL PROCEEDINGS IN THIS STATE; TO PROVIDE LEGISLATIVE FINDINGS; TO DEFINE CERTAIN TERMS; TO PROHIBIT THE USE AND ENFORCEMENT OF FOREIGN LAWS UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE FOR APPLICABILITY IN CERTAIN CIRCUMSTANCES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The Legislature finds that it is the public policy of this state 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 Constitution of this state or of the United States, including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the Constitution of this state. The Legislature fully recognizes the right to contract freely under the laws of this state, and also recognizes that this right may be reasonably and rationally circumscribed pursuant to the state's interest to protect and promote rights and privileges granted under the United States Constitution or the Mississippi Constitution of 1890, including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the Constitution and laws of this state.

(2) For the purposes of this section, "foreign law, legal code, or system" 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. For the purposes of this act, foreign law shall not mean, nor shall it include, any laws of the Native American tribes in this state.

(3) Any court, arbitration, tribunal, or administrative agency ruling or decision which violates the public policy of this state shall be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue, in whole or in part, on any law, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States Constitution and the Mississippi Constitution of 1890, including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the Constitution of this state.

(4) A contract or contractual provision (if capable of segregation) which provides for the choice of a law, legal code or system to govern some or all of the disputes between the parties adjudicated by a court of law or by an arbitration panel arising from the contract mutually agreed upon violates the public policy of this state and shall be void and unenforceable if the law, legal code or system chosen includes or incorporates any substantive or procedural law, as applied to the dispute at issue, that would not grant the parties the same fundamental liberties, rights, and privileges granted under the United States Constitution and the Mississippi Constitution of 1890, including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the Constitution of this state.

(5) (a) A contract or contractual provision, if capable of segregation, which provides for a jurisdiction for purposes of granting the courts or arbitration panels in personam jurisdiction over the parties to adjudicate any disputes between parties arising from the contract mutually agreed upon violates the public policy of this state and shall be void and unenforceable if the jurisdiction chosen includes any law, legal code or system, as applied to the dispute at issue, that would not grant the parties the same fundamental liberties, rights, and privileges granted under the United States Constitution and the Mississippi Constitution of 1890, including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the Mississippi Constitution of 1890.

(b) If a resident of this state, subject to personal jurisdiction in this state, seeks to maintain litigation, arbitration, agency or similarly binding proceedings in this state and if the courts of this state find that granting a claim of forum non conveniens or a related claim violates or would likely violate the fundamental liberties, rights, and privileges granted under the United States Constitution and the Mississippi Constitution of 1890 of the nonclaimant in the foreign forum with respect to the matter in dispute, then it is the public policy of this state that the claim shall be denied.

(6) Without prejudice to any legal right, this act shall not 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 this state or the United States.

(7) This act shall not apply to a church, religious corporation, association or society with respect to the individuals of a particular religion regarding matters that are purely ecclesiastical, including, but not limited to, matters of calling a pastor, excluding members from a church, electing church officers, matters concerning church bylaws, constitution and doctrinal regulations and the conduct of other routine church business where (a) the jurisdiction of the church would be final, and (b) the jurisdiction of the courts would be contrary to the First Amendment of the United States Constitution and Article 3, Sections 13 and 18 of the Mississippi Constitution of 1890. This exemption in no way grants permission for any otherwise unlawful act under the guise of the First Amendment protection.

SECTION 2. This act shall not be interpreted by any court to conflict with any federal treaty or other international agreement to which the United States is a party to the extent that such treaty or international agreement preempts or is superior to state law on the matter at issue.

SECTION 3. This act shall take effect and be in force from and after July 1, 2018.