HB1369: HB1369 Law and statutes; effect and enforcement of foreign laws; revise provisions

26 LC 49 2687 House Bill 1369 By: Representatives Clark of the 100th, Bonner of the 73rd, Barrett of the 24th, Ridley of the 22nd, Horner of the 3rd, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws1 and statutes, so as to revise provisions relating to the effect and enforcement of foreign laws;2 to provide that no court, arbitration panel, administrative age ncy, or other tribunal shall3 enforce a foreign law if doing so would violate a right guarant eed by the United States4 Constitution or the Georgia Constitution; to provide for defini tions; to provide for5 exceptions; to change provisions relating to forum non convenie ns; to amend Part 1 of6 Article 2 of Chapter 10 of Title 9 of the Official Code of Geor gia Annotated, relating to7 general provisions regarding venue, so as to provide for a cros s-reference; to provide for8 related matters; to provide for an effective date and applicability; to repeal conflicting laws;9 and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes,13 is amended by revising Code Section 1-3-9, relating to the effect and enforcement of foreign14 laws, as follows:15 H. B. 1369 - 1 - 26 LC 49 2687 "1-3-9.16 (a) As used in this Code section, the term:17 (1) 'Foreign law' means any law, legal code, or system of a ju risdiction outside of any18 state or territory of the Un ited States, in cluding, but not lim ited to, international19 organizations and tribunals, and applied by such jurisdiction's courts, administrative20 bodies, or other formal or informal tribunals. Such term shall not mean, nor shall it21 include, any laws of the Native American tribes in this state.22 (2) 'Tribunal' means a court, administrative agency, tribunal, arbitrator, or arbitration23 panel.24 (b) The laws of other states and foreign nations law shall have no force and effect of25 themselves within this state further than is provided by the Co nstitution of the United26 States and is recognized by the comity of states. The courts s hall enforce this comity,27 unless restrained by the General Assembly, so long as its enforcement is not contrary to the28 policy or prejudicial to the interests of this state.29 (c) Any tribunal ruling shall be void and unenforceable if the tribunal bases its ruling in30 whole or in part on any foreign law that would deny the parties the rights and privileges31 granted under the United States Constitution or the Georgia Constitution.32 (d) This Code section shall not apply to:33 (1) Part 2 of Article 1 of Chapter 9 of Title 9 relative to international arbitration;34 (2) Article 3 of Chapter 5 of Title 14; or35 (3) A corporation, partnership, limited liability company, bus iness association, sole36 proprietorship, or other legal entity that contracts to subject itself to foreign law;37 provided, however, that the exception provided by this paragrap h shall not apply to38 domestic relations contracts, including, but not limited to, an tenuptial agreements or39 contracts, divorce agreements, adoptions, and other contracts or agreements related to or40 arising from matters of family law.41 H. B. 1369 - 2 - 26 LC 49 2687 (e) When litigation is pending in this state, no court shall g rant a motion of forum non42 conveniens to allow a case to be refiled in a foreign jurisdict ion outside any state or43 territory of the United States unless the court finds by clear and convincing evidence that44 the foreign jurisdiction has in place a body of foreign law, the application of which would45 not lead to the violation of rights and privileges guaranteed b y the United States46 Constitution or the Georgia Constitution to a party in the litigation.47 (f) If a tribunal denies the protections provided by this Code section, it shall make written48 findings of fact and conclusions of law in support of its decision."49 SECTION 2.50 Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Co de of Georgia Annotated,51 relating to general provisions regarding venue, is amended by r evising Code Section52 9-10-31.1, relating to forums outside of this state and waiver of statute of limitations defense,53 as follows:54 "9-10-31.1.55 (a) If a court of this state, on written motion of a party, finds that in the interest of justice56 and for the convenience of the parties and witnesses a claim or action would be more57 properly heard in a forum outside this state or in a different county of proper venue within58 this state, the court shall decline to adjudicate the matter under the doctrine of forum non59 conveniens. As to a claim or action that would be more properly heard in a forum outside60 this state, the court shall may dismiss the claim or action. As to a claim or action that61 would be more properly heard in a different county of proper venue within this state, the62 venue shall be transferred to the appropriate county. In deter mining whether to grant a63 motion to dismiss an action or to transfer venue under the doct rine of forum non64 conveniens, the court shall give consideration to the following factors:65 (1) Relative ease of access to sources of proof;66 (2) Availability and cost of compulsory process for attendance of unwilling witnesses;67 H. B. 1369 - 3 - 26 LC 49 2687 (3) Possibility of viewing of the premises, if viewing would be appropriate to the action;68 (4) Unnecessary expense or trouble to the defendant not necessary to the plaintiff's own69 right to pursue his or her remedy;70 (5) Administrative difficulties for the forum courts;71 (6) Existence of local interests in deciding the case locally; and72 (7) The provisions of Code Section 1-3-9; and73 (7)(8) The traditional deference given to a plaintiff's choice of forum.74 (b) A court may shall not dismiss a claim under this Code section until the defendant files75 with the court or with the clerk of the court a written stipulation that, with respect to a new76 action on the claim commenced by the plaintiff, all the defendants waive the right to assert77 a statute of limitations defense in all other states of the Uni ted States in which the claim78 was not barred by limitations at the time the claim was filed i n this state as necessary to79 effect a tolling of the limitations periods in those states beginning on the date the claim was80 filed in this state and ending on the date the claim is dismissed."81 SECTION 2.82 This Act shall become effective on July 1, 2026, and shall appl y to contracts executed or83 renewed on or after July 1, 2026.84 SECTION 3.85 All laws and parts of laws in conflict with this Act are repealed.86 H. B. 1369 - 4 -