Adds to existing law to establish provisions prohibiting the use of foreign laws in Idaho courts.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 602 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT1 RELATING TO FOREIGN LAWS; AMENDING TITLE 73, IDAHO CODE, BY THE ADDITION OF2 A NEW CHAPTER 6, TITLE 73, IDAHO CODE, TO PROVIDE LEGISLATIVE INTENT,3 TO DEFINE TERMS, TO PROVIDE FOR THE UNENFORCEABILITY OF FOREIGN LAWS,4 TO PROVIDE FOR CHOICE OF LAW IN CERTAIN INSTANCES, TO PROVIDE FOR JU-5 RISDICTION IN CERTAIN INSTANCES, TO PROVIDE FOR FORUM NON CONVENIENS IN6 CERTAIN INSTANCES, TO PROVIDE APPLICABILITY, AND TO PROVIDE FOR CERTAIN7 CONFLICTS; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.8

Be It Enacted by the Legislature of the State of Idaho:9

SECTION 1. That Title 73, Idaho Code, be, and the same is hereby amended10 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-11 ter 6, Title 73, Idaho Code, and to read as follows:12 CHAPTER 613 APPLICATION OF FOREIGN LAWS14 73-601. LEGISLATIVE INTENT. It shall be the public policy of this15 state to protect its citizens from the application of foreign laws when the16 application of a foreign law will result in the violation of a fundamental17 right guaranteed by the constitution of the United States or the constitu-18 tion of the state of Idaho, including but not limited to due process, freedom19 of religion, speech, or the press, and any right of privacy or marriage em-20 bodied in the constitution of the state of Idaho.21 73-602. DEFINITIONS. As used in this chapter:22 (1) "Court" means any court, board, tribunal, arbitration, administra-23 tive agency, or other adjudicative or enforcement authority of this state.24 (2) "Foreign law" means any law, legal code, or system adopted by a ju-25 risdiction outside of any state or territory of the United States, including26 but not limited to international organizations and tribunals, and applied by27 that jurisdiction's courts, administrative bodies, or other formal or in-28 formal tribunals. For the purposes of this chapter, "foreign law" shall not29 mean, nor shall it include, any laws of the Indian tribes in this state or the30 English common law.31 (3) "Religious organization" means any church, seminary, synagogue,32 temple, mosque, religious order, or religious corporation, association, or33 society whose identity is distinctive in terms of common religious creed,34 beliefs, doctrines, practices, or rituals of any faith or denomination, in-35 cluding any organization qualifying as a church or religious organization36 under section 501(c)(3) or 501(d) of the Internal Revenue Code.37 73-603. USE OF FOREIGN LAWS -- UNENFORCEABILITY. Any court ruling or38 decision that violates the public policy of this state shall be void and un-39

2 enforceable to the extent that the court bases its ruling or decision in the1 matter at issue, in whole or in part, on any foreign law that would not grant2 the parties affected by the ruling or decision similar fundamental liber-3 ties, rights, and privileges guaranteed under the constitution of the United4 States and the constitution of the state of Idaho, including but not limited5 to due process, freedom of religion, speech, or the press, and any right of6 privacy or marriage embodied in the constitution of the state of Idaho.7 73-604. CHOICE OF LAW. A contract or contractual provision that pro-8 vides for the choice of foreign law to govern some or all of the disputes9 between the parties adjudicated by a court or by an arbitration panel arising10 from the contract mutually agreed on that violates the public policy of this11 state shall be void and unenforceable if the foreign law chosen includes or12 incorporates substantive or procedural law, as applied to the dispute at is-13 sue, that would not grant the parties similar fundamental liberties, rights,14 and privileges guaranteed under the constitution of the United States and15 the constitution of the state of Idaho, including but not limited to due16 process, freedom of religion, speech, or the press, and any right of privacy17 or marriage embodied in the constitution of the state of Idaho.18 73-605. JURISDICTION. A contract or contractual provision that pro-19 vides for jurisdiction for the purpose of granting the courts or arbitration20 panels in personam jurisdiction over the parties to adjudicate any disputes21 between the parties arising from the contract mutually agreed on shall vio-22 late the public policy of this state and be void and unenforceable if the ju-23 risdiction or arbitration panel chosen includes or incorporates substantive24 or procedural foreign law, as applied to the dispute at issue, that would not25 guarantee the parties similar fundamental liberties, rights, and privileges26 guaranteed under the constitution of the United States and the constitution27 of the state of Idaho, including but not limited to due process, freedom of28 religion, speech, or the press, and any right of privacy or marriage embodied29 in the constitution of the state of Idaho.30 73-606. FORUM NON CONVENIENS. If a person, subject to personal juris-31 diction in this state, seeks to maintain litigation, arbitration, agency, or32 similarly binding proceedings in this state and if the courts of this state33 find that granting a claim of forum non conveniens violates or would likely34 violate a fundamental right guaranteed under the constitution of the United35 States or the constitution of the state of Idaho of the nonclaimant in the36 foreign forum with respect to the matter in dispute, the claim shall be de-37 nied.38 73-607. APPLICABILITY. (1) This chapter shall not apply to a corpo-39 ration, partnership, limited liability company, business association, or40 other legal entity to the extent that it contracts to subject itself to for-41 eign law in a jurisdiction other than this state or the United States.42 (2) This chapter shall not apply to a contract entered into prior to the43 effective date of this act.44 (3) The provisions of this chapter shall not be construed to limit the45 right of any person to the free exercise of religion as guaranteed by the46

3 first amendment to the constitution of the United States and section 4, ar-1 ticle I of the constitution of the state of Idaho. The provisions of this2 chapter shall not be construed to require or authorize any court to adjudi-3 cate or prohibit any religious organization from adjudicating ecclesiasti-4 cal matters, including but not limited to the appointment, calling, disci-5 pline, dismissal, removal, or excommunication of a member, officer, offi-6 cial, priest, nun, monk, pastor, rabbi, imam, or other member of the clergy7 of the religious organization, or the determination or interpretation of the8 doctrine of the religious organization where adjudication by a court would9 violate the establishment or free exercise clause of the first amendment to10 the constitution of the United States and section 4, article I of the consti-11 tution of the state of Idaho.12 73-608. CONFLICT. This chapter shall not be construed to conflict with13 any federal treaty or other international agreement to which the United14 States is a party, to the extent that such treaty or international agreement15 is valid and preempts or is superior to state law on the matter at issue.16

SECTION 2. An emergency existing therefor, which emergency is hereby17 declared to exist, this act shall be in full force and effect on and after18 July 1, 2026.19