SB61 Alabama 2011 Session

Summary

Primary Sponsor

Cam Ward

Republican

Co-Sponsors

J.T. WaggonerScott BeasonGerald O. Dial

Session

Regular Session 2011

Title

Foreign law, application in violation of rights guaranteed United States and Alabama citizens, prohibited, exceptions, American and Alabama Laws for Alabama Courts Amendment, const. amend.

Summary

SB61 would add a constitutional rule that Alabama courts must not apply foreign laws if doing so would violate rights guaranteed by the U.S. or Alabama constitutions, with an exception for business entities that contract to be governed by foreign law.

What This Bill Does

If enacted, the amendment would stop Alabama courts and other decision makers from enforcing foreign laws when that would violate constitutional rights. It would require contracts that specify foreign law to be adjusted to protect those rights, and would interpret or modify venue or forum provisions to preserve rights; if a provision cannot be adjusted, it would be void. It also creates an exception for certain business entities that contract to be governed by foreign law in jurisdictions outside Alabama or the United States.

Who It Affects

• Natural persons (Alabama residents) whose constitutional rights would be protected from foreign laws applied in Alabama courts.
• Businesses and other legal entities that contract to be governed by foreign law in jurisdictions outside Alabama or the United States (these entities are exempt from certain restrictions).
• Courts, arbitrators, and administrative agencies in Alabama that would need to apply the new rule and potentially modify or interpret contracts to preserve rights.

Key Provisions

• Prohibits Alabama courts and other adjudicators from applying foreign law if it would violate rights guaranteed by the U.S. or Alabama Constitutions, and requires adjustments to contracts that designate foreign law to preserve constitutional rights.
• Provides that contracts selecting foreign law or foreign venue/forum must be interpreted or amended to preserve constitutional rights; if a provision cannot be modified to do so, it shall be null and void; and it allows denial of claims where forum non conveniens would violate rights. It also preserves an exception for certain business entities that contract to subject themselves to foreign law in other jurisdictions.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Constitutional Amendments