CSHB 402(L&C): "An Act relating to marriage brokers and advertisers and to dating and social referral services."

00 CS FOR HOUSE BILL NO. 402(L&C) 01 "An Act relating to marriage brokers and advertisers and to dating and social referral 02 services." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.02 is amended by adding a new section to read: 05 Sec. 08.02.100. Marriage brokers and advertisers; dating and social 06 referral services; criminal justice information. (a) Except as provided in (f) of this 07 section, a person may not provide or advertise services as a marriage broker in the 08 state unless the person 09 (1) requires each client to provide in writing, certified under penalty of 10 perjury, 11 (A) a complete criminal justice information report; 12 (B) a complete list of restraining orders and civil protective 13 orders, if any, issued by any court that involve the client; 14 (C) a complete marital history;

01 (2) provides information to each recruit in the recruit's native language 02 that explains 03 (A) the requirements and information provided under (1) of this 04 subsection, with a notice that the information has not been verified for 05 accuracy; 06 (B) the fiance or fiancee visa application process and marriage- 07 based immigration status under federal law; 08 (C) that domestic violence is illegal in the United States and the 09 penalties that attach under state and federal law; 10 (D) that assistance is available to victims of domestic violence, 11 including protective orders, free legal advice, and shelter services; 12 (E) the emergency and assistance procedures, including the 911 13 system, the national domestic violence hotline, the national sexual assault 14 hotline, and the state assistance telephone numbers; and 15 (F) the rights of victims of domestic violence, sexual assault, 16 human trafficking, and related crimes in the United States and in the state, 17 including the right to petition for residency status independent of, and without 18 the knowledge, consent, or cooperation of, the spouse. 19 (b) The criminal justice information required under (a)(1) of this section must 20 be obtained by submitting the client's fingerprints and the required fees under 21 AS 12.62.160 to the Department of Public Safety for criminal justice information and 22 a national criminal history record check under AS 12.62.400. The Department of 23 Public Safety shall submit the fingerprints to the Federal Bureau of Investigation for a 24 national criminal history record check. The information obtained shall be submitted to 25 the marriage broker or advertiser for compliance with this section. 26 (c) The marital history report required under (a)(1) of this section must include 27 whether the client 28 (1) is currently married; 29 (2) has previously been married and, if so, 30 (A) how many times; 31 (B) how each marriage was terminated;

01 (C) when each marriage was terminated; and 02 (3) has previously sponsored a foreign national for purposes of 03 marriage or engagement to be married. 04 (d) The Department of Law shall enforce this section and may institute a civil 05 action against a person who violates this section. 06 (e) A person who violates the requirements of this section is subject to a civil 07 penalty not to exceed $20,000 for each violation. A penalty collected under this 08 section shall be deposited in the general fund and accounted for separately. The 09 legislature may appropriate money collected under this section to the crime victim 10 compensation fund created in AS 18.67.162 to be used to compensate victims of 11 violent crime under AS 18.67. In determining the amount of the civil penalty, the court 12 shall consider 13 (1) any previous violation of AS 08.02.100; 14 (2) the seriousness of the violation, including the nature, 15 circumstances, extent, and consequences of the violation; 16 (3) any evidence of good faith on the part of the marriage broker or 17 advertiser; and 18 (4) the potential for deterrence. 19 (f) Nothing in this section prohibits a person or organization from engaging in 20 traditional matchmaking of a cultural or religious nature that is not for profit and that 21 is otherwise consistent with international, federal, state, and local laws. 22 (g) In this section, 23 (1) "client" means a person who resides in this state and contracts with 24 or otherwise agrees to employ a marriage broker or advertiser for services related to 25 marriage, engagement, dating, or another social referral; 26 (2) "marriage broker or advertiser" means a person who engages by 27 Internet or other electronic means, in writing, or in person, in negotiating with, 28 advertising to, publicizing to, or contracting with a state resident, for services related 29 to marriage, engagement, dating, or another social referral with a person who resides 30 outside of the United States; 31 (3) "recruit" means a person who resides outside of the United States

01 and who is contacted by or who contacts a marriage broker or advertiser for the 02 purpose of providing or acquiring marriage, engagement, dating, or another social 03 referral service. 04 * Sec. 2. AS 12.62.400 is amended by adding a new paragraph to read: 05 (14) a position involving marriage brokering or advertising or dating or 06 social referral services under AS 08.02.100.