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H. B. No. 513 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Adams, J., Becker, Boose, Brenner, Hood, Maag, Retherford, Thompson
A BILL
To enact section 2701.01 of the Revised Code to
prohibit courts, administrative agencies, and
arbitrators from applying foreign law to the
detriment of constitutional rights under the
United States and Ohio constitutions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2701.01 of the Revised Code be
enacted to read as follows:
Sec. 2701.01. (A) As used in this section:
(1) "Religious organization" means any church, body of
communicants, or group that is not organized or operated for
profit and that gathers in common membership for regular worship
and religious observances.
(2) "System of foreign law" means the legal code or system of
a jurisdiction outside of the United States or its territories,
including international law but not including the legal system of
any native American tribe in this state.
(B)(1) No court, administrative agency, or arbitrator shall
base any ruling or decision in whole or in part on any statutory
or other law of a system of foreign law that does not grant the
parties affected by the ruling or decision one or more of the
following fundamental liberties, rights, and privileges granted
under the constitution of this state or the United States:
(a) Equal protection of the laws;
(e) Freedom of the press;
(f) Any right of privacy or marriage.
(2) A ruling or decision made by a court, administrative
agency, or arbitrator in violation of division (B)(1) of this
section is void and unenforceable.
(C)(1) A contract, or a contractual provision that is
severable from the contract, that designates a system of foreign
law or authorizes the choice of a system of foreign law to govern
some or all of the disputes between the parties or that grants
personal jurisdiction over the parties to any court,
administrative agency, or arbitrator that operates under a system
of foreign law is void and unenforceable if the system of foreign
law designated or chosen or under which the court, administrative
agency, or arbitrator operates does not grant the parties one or
more of the following fundamental liberties, rights, and
privileges granted under the constitution of this state or the
United States:
(a) Equal protection of the laws;
(e) Freedom of the press;
(f) Any right of privacy or marriage.
(2) Division (C)(1) of this section does not apply to
contracts entered into before the effective date of this section.
(D) If, in an action or proceeding commenced by a resident of
this state, an adverse party makes a motion based on forum non
conveniens or a similar doctrine, the court shall deny the motion
if it finds that granting the motion would likely result in the
violation in the foreign forum of the fundamental liberties,
rights, and privileges granted under the constitution of this
state or the United States with respect to the matter in dispute.
(E) This section does not apply to any non-natural person
that contracts to subject itself to a system of foreign law in a
jurisdiction outside the United States.
(F) This section does not authorize any court to adjudicate,
or prohibit any religious organization from adjudicating, the
election, appointment, calling, discipline, dismissal, removal, or
excommunication of a member, officer, or employee of a religious
organization or other ecclesiastical matters, including the
interpretation of religious doctrine, where adjudication by a
court would violate the constitution of this state or the United
States.
(G) No court shall interpret this section to conflict with
any federal treaty or other international agreement to which the
United States is a party to the extent that the treaty or
international agreement preempts or is superior to state law on
the matter at issue.
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