Legislature(2005 - 2006)CAPITOL 17
02/15/2006 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) || Commissioner, Department of Commerce, Community, & Economic Development || Alcoholic Beverage Control Board | |
| HB338 | |
| HB402 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 338 | TELECONFERENCED | |
| *+ | HB 402 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 402-MARRIAGE BROKERS AND ADVERTISERS [Contains brief mention of HB 148] CHAIR ANDERSON announced that the final order of business would be HOUSE BILL NO. 402, "An Act relating to marriage brokers and advertisers and to dating and social referral services." 4:09:17 PM REPRESENTATIVE BETH KERTTULA, Alaska State Legislature, sponsor, began by stating that HB 402 deals with the growing trade of [International Marriage Brokers (IMB)], which is often referred to as "bride trafficking." This bill is intended to provide foreign brides with information regarding the marital history and criminal history of the client. In addition, the IMB must provide information explaining the laws regarding domestic violence and where victims can obtain assistance. There are, she said, between 8,000 and 16,000 marriages per year as a result of IMB's. A study has shown that the rate of domestic violence in these marriages is close to 77 percent. REPRESENTATIVE KERTTULA went on to say that her office has worked with a woman in this situation, in addition to receiving anonymous phone calls from women in similar situations. She said that a growing number of states have passed legislation dealing with these issues, in addition to a new National Act which, when in effect, would not prohibit the states from taking action. 4:11:33 PM REPRESENTATIVE LYNN opined that this is a type of "informed consent." REPRESENTATIVE KERTTULA agreed and added that currently, women from foreign countries, who oftentimes do not speak English, are given minimal information. These women may be taken to isolated areas where they do not have any other contacts prior to realizing that the relationship [is abusive]. REPRESENTATIVE ROKEBERG, referring to page 3, line 22, of the bill, asked if online dating websites, such as Match.com, would be considered a "marriage broker or advertiser." He opined that the wording may be too broad. CHAIR ANDERSON opined that there is a "big difference" between a marriage broker and an online dating service. REPRESENTATIVE KERTTULA replied that HB 402 is intended to effect women from outside of the US, adding that she would look into this further. 4:15:06 PM SARALYN TABACHNICK, Executive Director, Aiding Women in Abuse & Rape Emergencies, Inc. (AWARE, Inc.), read from written testimony as follows [original punctuation provided]: I'm Saralyn Tabachnik, Executive Director of AWARE, Aiding Women in Abuse & Rape Emergencies, here in Juneau. I'm here to speak in support of House Bill 402, which serves to protect the safety and well being of foreign brides, to prevent abusive U.S. citizens from enticing foreign women into abusive relationships, and ultimately to promote safe and healthy marriages. In the past year, AWARE staff has worked intensely with two women who came to [Juneau, Alaska] as foreign brides, and within a couple years, both experienced domestic violence from their husbands. These women are extremely vulnerable, have limited English language skills, are without other resources in the United States, and are unfamiliar with the United States legal system. These are complex issues for battered immigrant women who fear for their and their children's safety and immigration status, particularly when their only source of information is their abusive husband. Under this bill, foreign brides will receive, in their native language, the marital history of their potential spouse, a criminal history check including incidents of civil protection orders, explanations regarding marriage based immigration status, and information about domestic violence and appropriate interventions including crisis interventions. I don't have enough information to say whether or not the women served by AWARE could have avoided violent relationships were this bill in place, however they certainly would have been aware of the resources available to them sooner. And providing foreign brides with information they need and deserve, and holding International Marriage Brokers to a standard of safety and accountability, are critical components for safety. Within the Unites States, the federal Violence Against Women Act of 2005 addresses International Marriage Brokers and concerns for safety and access to information for foreign brides. I am hopeful that the Alaska Legislature will pass similar legislation this session. Thank you very much. REPRESENTATIVE LYNN said that he strongly supports the concept behind the bill. He asked when the information would be provided to the potential bride. MS. TABACHNICK expressed her understanding that the information would be provided prior to coming to the United States. REPRESENTATIVE LYNN asked if there would be proof of receipt for this information. REPRESENTATIVE KERTTULA replied that "Return Receipt Requested" may be added, although the bill states that this information "must" be provided, therefore a return receipt may not be necessary. CHAIR ANDERSON moved to adopt CSHB 402, Version 24-LS1432\G, Mischel, 2/7/06, for discussion purposes. There being no objection, Version G was before the committee. CHAIR ANDERSON, referring to page 3, line 30, which adds a new paragraph, inquired as to the intent of this section. HANNAH MCCARTY, Staff to Representative Beth Kerttula, Alaska State Legislature, noted that the aforementioned section was added at the recommendation of David Brower, Assistant Attorney General. She explained that this section adds marriage brokering, advertising, dating, and social referral services to the list of positions under which background information may be obtained. REPRESENTATIVE KERTTULA recalling an earlier question, agreed that the language of the bill should be more specific in regard to who is required to give background information. In addition, she said, the bill is presently under the statutes which govern occupational licensing. She opined that this language may be more appropriate in the domestic violence statutes, adding that Mr. Brower also suggested this. REPRESENTATIVE KERTTULA, in response to comments, agreed that the definition of "marriage broker or advertiser" should include the phrase "outside of the United States." In addition, she said, this should be changed in Section 1. [HB 402 was held over.]
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