Reference is to Printer's Date 5/6/15-H.
Amend the bill, as and if amended, by striking SECTION 1 and 2 in their entirety and inserting:
/ SECTION 1. The General Assembly finds that it shall be the public policy of this State to protect its citizens from the application of foreign laws, whether secular or religious in nature or origin, 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 as specifically defined by the Constitution of this State. The General Assembly 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 or South Carolina Constitution including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy as specifically defined by the Constitution of the United States or of this State.
SECTION 2. Chapter 1, Title 14 of the 1976 Code is amended by adding:
"Section 14-1-250.
(A) As used in this section, 'foreign
law' means any law, legal code, or legal system of a
jurisdiction outside of any state or territory of the United
States including, but not limited to, international
organizations and tribunals applied by that jurisdiction's
courts, administrative bodies, or other formal or informal
tribunals.
(B) Any court,
arbitration, tribunal, or administrative agency ruling or
decision in a matter at issue shall violate the public policy of
this State and be void and unenforceable to the extent that any
such ruling or decision is based upon any foreign law that would
not grant the parties affected by the ruling or decision, at a
minimum, the fundamental liberties, rights, and privileges
granted under the United States and South Carolina Constitutions
including, but not limited to, due process, freedom of religion,
speech, or press, and any right of privacy as specifically
defined by the Constitution of the United States, or of this
State.
(C) A contract or, if
severable, a contractual provision which provides for the choice
of a foreign law 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 shall
violate the public policy of this State and be void and
unenforceable entirely or, if severable, to the extent of the
violation, if the foreign law chosen would apply any substantive
or procedural law that would not grant the parties the same
fundamental liberties, rights, and privileges granted under the
United States or South Carolina Constitutions including, but not
limited to, due process, freedom of religion, speech, or press,
and any right of privacy as specifically defined by the
Constitution of the United States or of this State.
(D)(1) A contract or,
if severable, a contractual provision which provides the courts
or arbitration panels in personam jurisdiction over the
parties to adjudicate any disputes between parties arising from
the contract mutually agreed upon shall violate the public
policy of this State and be void and unenforceable entirely or,
if severable, to the extent of the violation, if the
jurisdiction chosen applies any foreign law to the dispute at
issue, that would not grant the parties, at a minimum, the
fundamental liberties, rights, and privileges granted under the
United States and South Carolina Constitutions including, but
not limited to, due process, freedom of religion, speech, or
press, and any right of privacy as specifically defined by the
Constitution of the United States or the Constitution of this
State.
(2)
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 would result or
likely result in a violation in the foreign forum of the
nonclaimant's fundamental liberties, rights, and privileges
granted under the United States or South Carolina Constitution
with respect to the matter in dispute, then it is the public
policy of this State that the claim shall be denied.
(E) This section shall
not apply to a church or other religious organization,
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, when the jurisdiction of the courts of this State
would be contrary to the First Amendment of the United States
and the Constitution of this State.
(F) This section 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."
/
Renumber sections to conform.
Amend title to conform.