Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting clause 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 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 or marriage 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 or marriage as specifically defined by the Constitution 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, legal code, or system' means any law, legal code, or system
of a jurisdiction outside of any state or territory of the
United States including, but not limited to, international
organizations and tribunals and applied by that jurisdiction's
courts, administrative bodies, or other formal or informal
tribunals. For the purposes of this section, foreign law shall
not mean, nor shall it include, any laws of the Native American
tribes in this State.
(B) Any court,
arbitration, tribunal, or administrative agency ruling or
decision shall violate the public policy of this State and be
void and unenforceable if the court, arbitration, tribunal, or
administrative agency bases its rulings or decisions in the
matter at issue in whole or in part on any law, legal code, or
system that would not grant the parties affected by the ruling
or decision the same 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
or marriage as specifically defined by the Constitution of this
State.
(C) A contract or
contractual provision, if severable, which provides for the
choice of a law, legal code, or system 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 if the law, legal code, or system chosen
includes or incorporates any substantive or procedural law, as
applied to the dispute at issue, that would not grant the
parties the same 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 or marriage as
specifically defined by the Constitution of this State.
(D)(1) A contract or
contractual provision, if severable, which provides for a
jurisdiction for purposes of granting 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 if the jurisdiction
chosen includes any law, legal code, or system, as applied to
the dispute at issue, that would not grant the parties the same
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 or marriage as specifically
defined by 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 violates or would
likely violate the fundamental liberties, rights, and privileges
granted under the United States and South Carolina Constitutions
of the nonclaimant in the foreign forum with respect to the
matter in dispute, then it is the public policy of this State
that the claim shall be denied.
(E) Without prejudice
to any legal right, this section shall not apply to a
corporation, partnership, limited liability company, business
association, or other legal entity that contracts to subject
itself to foreign law in a jurisdiction other than this State or
the United States.
(F) This section shall
not apply to a church, religious corporation, 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:
(1)
the jurisdiction of the church would be final; and
(2)
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.
This exemption in no way grants permission
for any otherwise unlawful act under the guise of First
Amendment protection.
(G) 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."
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 4. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 5. This act
takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.