CSHB 77(L&C): "An Act relating to marriage brokers and advertisers and to dating and social referral services."
00 CS FOR HOUSE BILL NO. 77(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 from each 12 state in which the client has resided since reaching 18 years of age; 13 (B) a complete list of restraining orders and civil protective 14 orders issued by any court that involve the client;
01 (C) a complete marital history; 02 (2) provides information to each recruit in the recruit's native language 03 that explains 04 (A) the requirements and information provided under (1) of this 05 subsection, with a notice that the information has not been verified for 06 accuracy; 07 (B) the fiance or fiancee visa application process and marriage- 08 based immigration status under federal law; 09 (C) that domestic violence is illegal in the United States and the 10 penalties that attach under state and federal law; 11 (D) that assistance is available to victims of domestic violence, 12 including protective orders and shelter services; 13 (E) the emergency and assistance procedures, including the 911 14 system, the national domestic violence hotline, the national sexual assault 15 hotline, and the state assistance telephone numbers; and 16 (F) the rights of victims of domestic violence, sexual assault, 17 human trafficking, and related crimes in the United States and in the state, 18 including the right to petition for residency status independent of, and without 19 the knowledge, consent, or cooperation of, the spouse. 20 (b) The criminal justice information required under (a)(1) of this section for a 21 client that has resided in the state must be obtained by submitting the client's 22 fingerprints and the required fees under AS 12.62.160 to the Department of Public 23 Safety for criminal justice information and, if available, a national criminal history 24 record check under AS 12.62.400. 25 (c) The marital history report required under (a)(1) of this section must include 26 whether the client 27 (1) is currently married; 28 (2) has previously been married and, if so, 29 (A) how many times; 30 (B) how each marriage was terminated; 31 (C) when each marriage was terminated; and
01 (3) has previously sponsored a foreign national for purposes of 02 marriage or engagement to be married. 03 (d) The Department of Law shall enforce this section and may institute a civil 04 action against a person who violates this section. 05 (e) A person who violates the requirements of this section is subject to a civil 06 penalty not to exceed $20,000 for each violation. A penalty collected under this 07 section shall be deposited in the general fund and accounted for separately. The 08 legislature may appropriate money collected under this section to the crime victim 09 compensation fund created in AS 18.67.162 to be used to compensate victims of 10 violent crime under AS 18.67. In determining the amount of the civil penalty, the court 11 shall consider 12 (1) any previous violation of AS 08.02.100; 13 (2) the seriousness of the violation, including the nature, 14 circumstances, extent, and consequences of the violation; 15 (3) any evidence of good faith on the part of the marriage broker or 16 advertiser; and 17 (4) the potential for deterrence. 18 (f) Nothing in this section prohibits a person or organization from engaging in 19 traditional matchmaking of a cultural or religious nature that is otherwise consistent 20 with international, federal, state, and local laws. 21 (g) In this section, 22 (1) "client" means a person who resides in this state and contracts with 23 or otherwise agrees to employ a marriage broker or advertiser for services related to 24 marriage, engagement, dating, or another social referral; 25 (2) "marriage broker or advertiser" means a person who engages by 26 Internet or other electronic means, in writing, or in person, in negotiating with, 27 advertising to, publicizing to, or contracting with a state resident, for services related 28 to marriage, engagement, dating, or another social referral with a person who resides 29 outside of the United States; 30 (3) "recruit" means a person who resides outside of the United States 31 and who is contacted by or who contacts a marriage broker or advertiser for the
01 purpose of providing or acquiring marriage, engagement, dating, or another social 02 referral service. 03 * Sec. 2. AS 12.62.400 is amended by adding a new paragraph to read: 04 (15) a position involving marriage brokering or advertising or dating or 05 social referral services under AS 08.02.100.