#HB1422 applicability of foreign law in cases before NH courts PASSES by voice vote #nhhouse

HB 1422, relative to the applicability of foreign law in cases before New Hampshire courts.  MAJORITY:  OUGHT TO PASS WITH AMENDMENT.  MINORITY:  INEXPEDIENT TO LEGISLATE.

Rep. Gregory M. Sorg for the Majority of  Judiciary:  This bill, as amended, is a preventative measure. It anticipates and is intended to protect against future attempts to apply foreign or international law in the determination of any case or controversy before any tribunal of the state of New Hampshire where such application would supersede or take precedence over the constitution, laws, and public policy of New Hampshire. It provides an exception from this prohibition in cases where the parties before the tribunal have previously agreed in writing to be governed by foreign or international law.  Vote 7-3.      

Rep. Lucy M. Weber for the Minority of  Judiciary:  Proponents of this bill argue it is necessary to prevent the courts in the state of New Hampshire applying the law of a foreign country in such a way as to deprive citizens of New Hampshire their rights under the constitutions of New Hampshire and the United States.  Members of the minority are bemused by this argument, because the New Hampshire and United States constitutions, and under them, the statutes enacted by this legislature, are already the controlling law in this state.  No one has furnished an instance in which a New Hampshire court has applied foreign law in defiance of either constitution.  Vague references were made to the problem having occurred elsewhere in the country, but no actual cites were ever presented.  The majority argues it is good to have this law on the books on the off-chance that such a case may arise in the future.  The minority believes this is a true case of a solution in search of a problem, and would urge that we not clutter the statute books with unneeded legislation.