Provides relative to the application of foreign laws
Impact
If passed, HB 785 would influence how courts and other adjudicative authorities in Louisiana handle foreign laws. The bill prohibits the enforcement of foreign laws when they conflict with constitutional rights, which could result in significant changes in contract enforcement, particularly in agreements that specify foreign law as the governing law or that designate foreign venues for dispute resolution. The legislative findings highlight a clear intention to safeguard constitutional rights within the context of both local and international legal interactions.
Summary
House Bill 785 seeks to enact provisions within the Louisiana Revised Statutes that address the application of foreign laws in the state. The bill defines 'foreign law' as any legal code or system used outside the jurisdictions of the United States. Its primary intent is to protect citizens from the enforcement of foreign laws that may violate the rights guaranteed by the Louisiana Constitution or the U.S. Constitution, such as due process, freedom of religion, and rights related to privacy and marriage. The introduction of this bill reflects a legislative effort to assert state sovereignty in legal matters that could intersect with international or foreign legal systems.
Sentiment
The reception of HB 785 is likely to be mixed, with proponents arguing that it creates necessary protections for Louisiana residents against potentially invasive foreign legal practices. Critics, however, may raise concerns about how such a law could impact international agreements or contractual relationships that depend on the application of foreign laws and systems. Overall, the sentiment surrounding this bill reflects a broader debate around state rights versus federal or international influence in the judicial sphere.
Contention
The most notable point of contention regarding HB 785 is its potential implication on contractual agreements that involve foreign elements. By nullifying certain contractual provisions that impose foreign legal frameworks, the bill could limit the enforceability of international contracts, which may be a significant concern for businesses and individuals with interests beyond state borders. Additionally, there could be legal challenges regarding how this bill interacts with existing international treaties or agreements to which the U.S. is a party, thereby placing Louisiana's legislative priorities at odds with established international law.
Relating to the application of foreign laws and foreign forum selection in a proceeding involving marriage, a suit for dissolution of a marriage, or a suit affecting the parent-child relationship in this state.
Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.
Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.