HF 1627

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; regulating international marriage brokers; proposing
coding for new law in Minnesota Statutes, chapter 325E.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [325E.65] INTERNATIONAL MARRIAGE BROKERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
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new text begin (b) "Basic rights information" means information about human rights, immigration,
and emergency assistance and resources and victim rights under Minnesota law with
regard to domestic violence, as prepared under subdivision 2.
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new text begin (c) "Client" means a person who is a resident of this state who contracts with an
international marriage broker to meet recruits.
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new text begin (d) "Criminal history information" means a criminal background check obtained
from the Bureau of Criminal Apprehension, including information in its possession and a
search of the National Criminal Records Repository using a set of classifiable fingerprints
provided by the client to a law enforcement agency.
new text end

new text begin (e) "International marriage broker" means a corporation, partnership, sole
proprietorship, or other legal entity, whether or not organized under the laws of the United
States or any state, that does business in the United States and for profit offers to residents
of this state, dating, matrimonial, matchmaking, or social referral services involving
citizens of a foreign country or countries who are not residing in the United States, by:
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new text begin (1) an exchange of names, telephone numbers, addresses, or statistics;
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new text begin (2) selection of photographs; or
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new text begin (3) a social environment provided by the organization in a country other than the
United States.
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new text begin The term does not include a traditional matchmaking organization of a religious
nature that otherwise operates in compliance with the laws of the countries of the foreign
recruits of such organization and the laws of the United States or that does not charge a
fee to any party for the service provided.
new text end

new text begin (f) "Marital history information" means a signed written statement by a person of
the person's current marital status, the number of times the person has been married,
how each previous marriage ended, and whether the person has previously sponsored a
foreign national to whom the person has been engaged or married. The statement must be
signed by the person under penalty of perjury.
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new text begin (g) "Recruit" means a person who is not a citizen or resident of the United States
and who is recruited by an international marriage broker for the purpose of providing
dating, matrimonial, or social referral services.
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new text begin Subd. 2. new text end

new text begin Preparation of basic rights information. new text end

new text begin (a) The commissioner of public
safety shall prepare a form providing the basic rights information defined in subdivision 1,
paragraph (b).
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new text begin (b) The commissioner shall consult with:
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new text begin (1) the Minnesota Department of Human Rights;
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new text begin (2) a statewide organization that provides civil legal services to women and children;
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new text begin (3) a statewide human rights and social justice advocacy organization;
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new text begin (4) the statewide coalition against domestic violence;
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new text begin (5) the statewide coalition against sexual assault;
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new text begin (6) a statewide organization that serves the needs of immigrant and refugee women
and children from diverse ethnic communities; and
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new text begin (7) the state immigrant and refugee coalition.
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new text begin Subd. 3. new text end

new text begin Release of recruit contact information; consent required. new text end

new text begin Prior to the
release of any contact information of a recruit, an international marriage broker shall first
obtain the recruit's consent to the release of that information.
new text end

new text begin Subd. 4. new text end

new text begin Information required. new text end

new text begin (a) Prior to any application by a client for a foreign
fiance or fiancee visa for a recruit, the international marriage broker shall obtain:
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new text begin (1) basic rights information;
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new text begin (2) criminal history information regarding the client; and
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new text begin (3) marital history information regarding the client.
new text end

new text begin (b) The international marriage broker shall obtain the criminal history information
directly from the Department of Public Safety.
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new text begin Subd. 5. new text end

new text begin Information provided to recruit. new text end

new text begin (a) An international marriage broker
shall provide the recruit with the information required to be collected under subdivision 4.
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new text begin (b) The international marriage broker shall, at its expense, provide or obtain a
competent and accurate translation of the information listed in paragraph (a) into the
recruit's native language and displayed in a manner that conforms with the following:
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new text begin (1) separates the criminal history information, marital history information, and basic
rights information from any other information; and
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new text begin (2) is easily accessible and highly visible.
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new text begin (c) An international marriage broker shall refrain from providing any further
services to the recruit or client until the broker has obtained and provided the recruit the
information described in paragraphs (a) and (b).
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new text begin Subd. 6. new text end

new text begin Out-of-state business entity or assumed name filing required. new text end

new text begin An
international marriage broker shall comply with section 303.03, 322B.883, 323A.1102, or
333.02, whichever applies, with regard to filing the appropriate documents in the Office of
the Secretary of State, prior to doing business in the state.
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new text begin Subd. 7. new text end

new text begin Retention of records. new text end

new text begin An international marriage broker shall retain
records showing compliance with this section and shall promptly provide access to those
records to the attorney general or to a county attorney of a county in which a client lives,
upon request.
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new text begin Subd. 8. new text end

new text begin Jurisdiction. new text end

new text begin An international marriage broker is deemed to be doing
business in this state if it contracts for services with a state resident or is considered to be
doing business in the state under any other law of the state.
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new text begin Subd. 9. new text end

new text begin Enforcement. new text end

new text begin (a) An international marriage broker that violates
this section is subject to a civil penalty not to exceed $20,000 for each violation. In
determining the amount of the civil penalty, the court shall consider:
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new text begin (1) any previous violations of this act by the international marriage broker;
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new text begin (2) the seriousness of the violation, including the nature, circumstances, extent, and
gravity of the violation;
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new text begin (3) the demonstrated good faith of the international marriage broker; and
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new text begin (4) the amount necessary to deter future violations.
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new text begin (b) The attorney general or the appropriate county attorney may bring an action
under this section in the name of the state in a district court of a county in which any part
of the violation occurs. A penalty collected under this section by the attorney general or a
county attorney must be distributed in the same manner as proceeds of forfeiture under
section 609.5315, subdivision 5b.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, except that
subdivision 2 is effective the day following final enactment.
new text end