HB 402: "An Act relating to marriage brokers and advertisers and to dating and social referral services."

00 HOUSE BILL NO. 402 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 new sections to read: 05 Sec. 08.02.100. Marriage brokers and advertisers; dating and social 06 referral services; criminal justice information. (a) A person may not provide or 07 advertise services as a marriage broker in the state unless the person 08 (1) requires each client to provide in writing, verified under penalty of 09 perjury, 10 (A) a complete criminal justice information report; 11 (B) a complete list of restraining orders and civil protective 12 orders, if any, issued by any court that involve the client; 13 (C) a complete marital history; 14 (2) provides information to each recruit in the recruit's native language

01 that explains 02 (A) the requirements and information provided under (1) of this 03 subsection, with a notice that the information has not been verified for 04 accuracy; 05 (B) the fiance or fiancee visa application process and marriage- 06 based immigration status under federal law; 07 (C) that domestic violence is illegal in the United States and the 08 penalties that attach under state and federal law; 09 (D) that assistance is available to victims of domestic violence, 10 including protective orders, free legal advice, and shelter services; 11 (E) the emergency and assistance procedures, including the 911 12 system, the national domestic violence hotline, the national sexual assault 13 hotline, and the state assistance telephone numbers; and 14 (F) the rights of victims of domestic violence, sexual assault, 15 human trafficking, and related crimes in the United States and in the state, 16 including the right to petition for residency status independent of, and without 17 the knowledge, consent, or cooperation of, the spouse. 18 (b) The criminal justice information required under (a)(1) of this section must 19 be obtained by submitting the client's fingerprints and the required fees under 20 AS 12.62.160 to the Department of Public Safety for criminal justice information and 21 a national criminal history record check under AS 12.62.400. The Department of 22 Public Safety shall submit the fingerprints to the Federal Bureau of Investigation for a 23 national criminal history record check. The information obtained shall be submitted to 24 the marriage broker or advertiser for compliance with this section. 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) In this section, 19 (1) "client" means a person who resides in this state and contracts with 20 or otherwise agrees to employ a marriage broker or advertiser for services related to 21 marriage, engagement, dating, or another social referral; 22 (2) "marriage broker or advertiser" means a person who engages in 23 negotiating, advertising, publicizing, or contracting, by Internet or other electronic 24 means, in writing, or in person, for services to state residents related to marriage, 25 engagement, dating, or another social referral; 26 (3) "recruit" means a person who resides outside of the United States 27 and who is contacted by or who contacts a marriage broker or advertiser for the 28 purpose of providing or acquiring marriage, engagement, dating, or another social 29 referral service.