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CSHB 88(JUD): "An Act prohibiting a court, arbitrator, mediator, administrative agency, or enforcement authority from applying a law, rule, or provision of an agreement that violates an individual's right under the Constitution of the State of Alaska or the United States Constitution."

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                          
12 read:                                                                                                                   
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.