SB 267 Specifies how courts may rule in contractual disputes involving the law of other countries
Sponsor: Nieves
LR Number: 1409S.02T Fiscal Note available
Committee: General Laws
Last Action: 9/11/2013 - H defeated motion to override Governor's veto (Curtman) Journal Page: H47-49
Governor's Veto Letter
Title: SS SB 267 Calendar Position:
Effective Date: August 28, 2013
House Handler: Curtman

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Current Bill Summary

SS/SB 267 - This act creates the Civil Liberties Defense Act. This act mandates that any court, arbitration, tribunal, or administrative agency ruling shall be unenforceable if based on a foreign law which is repugnant or inconsistent with the Missouri and United States constitutions.

The act makes contract provisions that choose to apply a foreign law to contractual disputes or to have disputes settled in another country void and unenforceable in Missouri, if the foreign law is repugnant to or inconsistent with the Missouri and United States constitutions.

In some cases, a court may refuse to take jurisdiction over matters, where the court believes there is a more appropriate forum for the dispute. This act requires that the court hear the case in Missouri, if a state resident brings the case and if the court finds that not hearing the case in Missouri violates or would likely violate the rights of the person who brought the case.

The act does not apply to a business entity that subjects itself to a foreign law in a jurisdiction outside the United States. The act does not authorize courts to adjudicate religious matters.

This act is similar to HB 757 (2013), SB 676 (2012) and SB 308 (2011).