HB 2139 — Prohibits application of foreign laws in Missouri

SECOND REGULAR SESSION HOUSE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.NOS.

2139 & 2175 103RD GENERAL ASSEMBLY INTRODUCED5492H.03C BYJOSEPH REPRESENTATIVEENGLER, JORDAN.Chief Clerk AN ACT To amend chapters 506 and 508, RSMo, by adding thereto two new sections relating to application of foreign law.

5492H.01I JOSEPH ENGLER, Chief Clerk AN ACT To amend chapters 506 and 508, RSMo, by adding thereto two new sections relating to application of foreign law.

This act shall be known and may be cited as the "No Shari'a Act".

2.

2.

Except as provided in subsection 3 of this section, application of any foreign law, legal code, or system that denies the parties the fundamental liberties, rights, and privileges guaranteed under the Constitution of the United States or the Constitution of Missouri shall be prohibited.

Any legal document or court decision that purports to apply any such foreign law, legal code, or system shall be void and unenforceable.

The application of Shari'a law or any foreign law, legal code, or system that denies the parties the fundamental liberties, rights, and privileges guaranteed under the Constitution of the United States or the Constitution of Missouri shall be prohibited and render the following void and unenforceable:

(1) A ruling or decision of any state court, arbitration panel, or administrative agency;

(2) A contract or contractual provision, if severable, that provides for the choice of Shari'a law or any foreign law, legal code, or system;

and (3) A contract or contractual provision, if severable, that grants jurisdiction to a foreign tribunal.

4.

EXPLANATION(2) —Limit Matteradjudication enclosedof inecclesiastical bold-facedmatters bracketsof [thus]a inreligious theorganization, aboveincluding billthe isselection, notappointment, enacteddiscipline, andor isremoval intendedof toclergy beor omittedinterpretation fromof thedoctrine; law.

Matter in bold-face type in the above bill is proposed language.

HB 2139 2 (2) Limit adjudication of ecclesiastical matters of a religious organization, including the selection, appointment, discipline, or removal of clergy or interpretation of doctrine;

508.074.EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law.

NoMatter statein court,bold-face arbitrationtype panel, tribunal, or administrative agency shall transfer any civil action if such transfer would result in the applicationabove ofbill Shari'ais orproposed anylanguage. other foreign law, legal code, or system that would violate or likely violate the fundamental liberties, rights, and privileges of the parties guaranteed under the Constitution of the United States or the Constitution of Missouri.

HCS HBs 2139 & 2175 2 508.074.

No state court, arbitration panel, tribunal, or administrative agency shall transfer any civil action if such transfer would result in the application of any foreign law, legal code, or system that would violate or likely violate the fundamental liberties, rights, and privileges of the parties guaranteed under the Constitution of the United States or the Constitution of Missouri.