00 CS FOR HOUSE BILL NO. 88(JUD)
01 "An Act prohibiting a court, arbitrator, mediator, administrative agency, or
02 enforcement authority from applying a law, rule, or provision of an agreement that
03 violates an individual's right under the Constitution of the State of Alaska or the United
04 States Constitution."
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
06 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section
07 to read:
08 FINDINGS. The legislature finds that citizens of the state should be protected from
09 the application of a foreign law if application of the foreign law would violate an individual's
10 right guaranteed by the Constitution of the State of Alaska or the United States Constitution.
11 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to
13 LEGISLATIVE INTENT. It is the intent of the legislature that AS 09.68.140, enacted
14 by sec. 3 of this Act, does not address, directly or indirectly, any question of tribal law or the
01 application of tribal law or otherwise address the intersection between state law and tribal law.
02 * Sec. 3. AS 09.68 is amended by adding a new section to read:
03 Sec. 09.68.140. Foreign law prohibited. (a) A court, arbitrator, mediator,
04 administrative agency, or enforcement agency may not apply a foreign law if
05 application of the foreign law would violate an individual's right guaranteed by the
06 Constitution of the State of Alaska or the United States Constitution.
07 (b) If an agreement includes a choice of law provision requiring foreign law to
08 govern its interpretation or the resolution of a dispute between the parties to the
09 agreement and if the interpretation or enforcement of the agreement would violate an
10 individual's right guaranteed by the Constitution of the State of Alaska or the United
11 States Constitution, the agreement must be modified or amended as necessary to
12 preserve the constitutional right. An agreement that may not be modified or amended
13 in order to preserve the constitutional right of an individual under this section is void.
14 (c) If an agreement provides for the choice of venue or a choice of forum
15 outside of the United States or its territories and if the enforcement of the agreement
16 applying the choice of venue or choice of forum provision would result in a violation
17 of an individual's right guaranteed by the Constitution of the State of Alaska or the
18 United States Constitution, the choice of venue or choice of forum provision in the
19 agreement shall be interpreted to preserve the individual's constitutional right.
20 (d) If a person subject to personal jurisdiction in the state asserts a claim of
21 forum non conveniens in litigation in the state, and if a court, arbitrator, mediator,
22 agency, or similar enforcement authority of this state finds that granting the claim of
23 forum non conveniens or similar claim would violate an individual's right guaranteed
24 by the Constitution of the State of Alaska or the United States Constitution, the claim
25 shall be denied.
26 (e) This section applies only to an actual or foreseeable violation of an
27 individual's constitutional right caused by the application of foreign law.
28 (f) This section does not apply to a corporation, partnership, or other form of
29 business association.
30 (g) In this section, "foreign law" means a law, rule, or legal code or system
31 established and used or applied in a jurisdiction outside of the United States and the
01 territories of the United States.