First Substitute H.B. 296

Representative Carl Wimmer proposes the following substitute bill:

1 CHOICE OF LAW IN UTAH COURTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Carl Wimmer
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill requires that, in circumstances where applying non-U.S. law would otherwise
10 fail to protect the fundamental constitutional rights of the parties before the courts, Utah
11 courts should apply U.S. law as necessary in cases and controversies before them.
12 Highlighted Provisions:
13 This bill:
14 . requires a Utah court to apply United States and Utah law in cases and controversies
15 before them if the court determines that applying a foreign law would deprive a
16 person of fundamental rights guaranteed by the United States and Utah
17 constitutions.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 78B-5-104, Utah Code Annotated 1953
25

26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 78B-5-104 is enacted to read:
28 78B-5-104. Choice of law -- Definition -- Use of foreign laws.
29 (1) "Foreign law, legal code or system" means any foreign law, legal code or system
30 used or applied in a jurisdiction outside of any United States territory. It does not include any
31 law, legal code or system applied in any state or United States territory.
32 (2) It is the public policy of this state that a court, arbitrator, administrative agency, or
33 other adjudicative, mediation, or enforcement authority may not enforce a law enacted or a
34 decision rendered by any legislative, judicial, or other governmental authority of a foreign
35 nation or power if the law enacted or the decision rendered violated or would violate a right of
36 the party against whom enforcement is sought guaranteed by the constitution of this state or the
37 United States including due process, freedom of religion, speech, or press, and any right of
38 privacy or marriage as specifically defined by the constitution of this state.
39 (3) If any contractual provision or agreement provides for the choice of a foreign law or
40 legal code or system to govern its interpretation or the resolution of any dispute between the
41 parties, and if the enforcement or interpretation of the contract or agreement would result in a
42 violation of a right guaranteed by the constitution of this state or of the United States including
43 due process, freedom of religion, speech, or press, and any right of privacy or marriage as
44 specifically defined by the constitution of this state, it is the public policy of this state that the
45 agreement or contractual provision is considered modified or amended to the extent necessary
46 to preserve the constitutional rights of the parties under the laws of this state or the United
47 States. Any agreement or contractual provision incapable of being modified or amended in
48 order the preserve these constitutional rights of the parties is null and void.