02/16/2007 03:01 PM House L&C
| Audio | Topic |
|---|---|
| Start | |
| HB77 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
February 16, 2007
3:01 p.m.
MEMBERS PRESENT
Representative Kurt Olson, Chair
Representative Mark Neuman, Vice Chair
Representative Gabrielle LeDoux
Representative Robert L. "Bob" Buch
MEMBERS ABSENT
Representative Carl Gatto
Representative Jay Ramras
Representative Berta Gardner
COMMITTEE CALENDAR
HOUSE BILL NO. 77
"An Act relating to marriage brokers and advertisers and to
dating and social referral services."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 77
SHORT TITLE: MARRIAGE BROKERS AND ADVERTISERS
SPONSOR(s): REPRESENTATIVE(s) KERTTULA, DOLL
01/16/07 (H) PREFILE RELEASED 1/5/07
01/16/07 (H) READ THE FIRST TIME - REFERRALS
01/16/07 (H) L&C, FIN
02/07/07 (H) L&C AT 3:00 PM CAPITOL 17
02/07/07 (H) Scheduled But Not Heard
02/16/07 (H) L&C AT 3:00 PM CAPITOL 17
WITNESS REGISTER
REPRESENTATIVE BETH KERTTULA
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Joint prime sponsor of HB 77.
HANNAH MCCARTY, Staff
to Representative Beth Kerttula
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during hearing on HB 77
on behalf of Representative Kerttula, joint prime sponsor.
ACTION NARRATIVE
CHAIR KURT OLSON called the House Labor and Commerce Standing
Committee meeting to order at 3:01:38 PM. Representatives Buch,
LeDoux, Neuman, and Olson were present at the call to order.
HB 77-MARRIAGE BROKERS AND ADVERTISERS
CHAIR OLSON announced that the only order of business would be
HOUSE BILL NO. 77, "An Act relating to marriage brokers and
advertisers and to dating and social referral services."
3:02:33 PM
REPRESENTATIVE BETH KERTTULA, Alaska State Legislature, joint
prime sponsor, explained that HB 77 is an "outgrowth" of
previous legislation regarding the trafficking of women. During
the research for the aforementioned trafficking legislation, the
issue of international marriage brokers was discovered. This is
a "right to know" law, and the information gathered would enable
women to make reasonable decisions regarding marriage. There
are high incidences of domestic violence in these cases and
murders have occurred. She pointed out that the federal
trafficking law was a result of high profile cases in Washington
State. She commented that this is a "work in progress." Few
states currently have laws governing international marriage
brokers. She stated that her office has worked with the
Department of Public Safety (DPS), Department of Law (DOL), and
other state agencies.
CHAIR OLSON stated that he does not intend to move the bill
today.
3:05:18 PM
HANNAH MCCARTY, Staff to Representative Beth Kerttula, Alaska
State Legislature, joint prime sponsor, explained that it is
estimated that 8,000 to 16,000 marriages between American men
and foreign women take place each year, as a result of marriage
broker agency introductions. HB 77 requires that marital
history information be provided. This must include the number
of previous marriages, how and when the marriages were
terminated, and whether the individual has previously sponsored
a foreign national for purposes of marriage. In addition,
criminal information must be obtained by submitting fingerprints
for a national criminal history record check. This would also
include a list of restraining orders and civil protective orders
that involve the client. Information on all domestic violence
laws, victim's rights, and victim's assistance information must
be provided. This information must be provided in the language
of the prospective bride. Violations of these requirements are
subject to a civil penalty of up to $20,000. The intent of HB
77 is to require that accurate information be provided, in order
to educate potential brides on the risks associated with this
type of arranged marriage, and what the options are. The
sponsor's are working with the DOL and the DPS to draft a
committee substitute (CS).
3:07:25 PM
MS. MCCARTY, in response to a question from Representative Buch,
referred to Section 1(2), which requires that the aforementioned
information be provided in the recruit's native language.
3:08:03 PM
REPRESENTATIVE LEDOUX asked what jurisdiction the state has over
international marriage brokers. She expressed concern regarding
enforcement of the aforementioned jurisdiction.
MS. MCCARTY replied that only U.S. marriage brokers which
operate in Alaska were considered when drafting HB 77.
REPRESENTATIVE LEDOUX surmised that there are many marriage
brokers based in other countries and advertising in the U.S.
REPRESENTATIVE KERTTULA offered her understanding that other
states have dealt with this issue and have not considered
foreign-based corporations. She agreed that this is a "good
jurisdictional question." In regard to cultural arrangements,
she explained that these have been made exempt from the
aforementioned requirements.
REPRESENTATIVE LEDOUX inquired as to how cultural arrangements
are excluded. She offered her understanding that in cultural
arrangements, a fee may be exchanged.
REPRESENTATIVE KERTTULA replied that the intent is to exempt
cultural and religious arrangements that are not a commercial
transaction through a marriage broker. She opined that this
would require "tighter language," as the bill states that these
arrangements are "not for profit."
REPRESENTATIVE LEDOUX offered her understanding that a number of
foreign cities have marriage brokers that operate in specific
communities, for a fee.
REPRESENTATIVE KERTTULA replied that she would be willing to
work on developing language to address this issue.
CHAIR OLSON offered his understanding that these are religious
arrangements.
REPRESENTATIVE KERTTULA replied that this is correct.
3:11:54 PM
REPRESENTATIVE NEUMAN questioned how the state would have
jurisdiction over an individual who is a citizen of another
country and is residing in the U.S.
REPRESENTATIVE KERTTULA replied that she would look into this.
She explained that the focus has been on bringing foreign
nationals into the US.
CHAIR OLSON inquired as to whether the Internet community has
commented on this issue.
REPRESENTATIVE KERTTULA replied yes. She opined that this is an
"interesting area," adding that the intent is not to stop
legitimate activities.
REPRESENTATIVE LEDOUX inquired as to how this would impact
dating services.
REPRESENTATIVE KERTTULA replied that dating services have been
involved in discussions to ensure that these services are
included or excluded as is appropriate.
MS. MCCARTY added that page 3, lines 26-30 defines "marriage
broker or advertiser." She explained that "with a person who
resides outside of the United States" was added in an attempt to
exclude internet dating services. She stated that more work
will be done on this definition.
3:14:04 PM
REPRESENTATIVE KERTTULA said:
One of the problems ... is truly the situation where
you have someone who doesn't speak English. That
really becomes one of the big issues. In domestic
violence, in holding the women against their will, and
not having any contacts in the U.S., or any ability to
get any help. That's one of the big problems with
trafficking, and one of the problems that we see
throughout the literature on mail order brides.
REPRESENTATIVE NEUMAN inquired as to whether the information
required by HB 77 is public information.
REPRESENTATIVE KERTTULA replied that much of this information
can be obtained from a courthouse. The criminal record
requirement is being discussed with the DOS. She opined that
whether or not this information is public, if a woman is being
brought from a foreign country for the purposes of marriage,
this information should be made available to the potential
bride.
REPRESENTATIVE BUCH offered his understanding that if a divorce
is involved, the information is public.
CHAIR OLSON restated his intention to hold HB 77 until the
following week.
REPRESENTATIVE KERTTULA stated that she would work with members
to address concerns.
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
3:16:23 PM.
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