SF 2575

2nd Engrossment - 84th Legislature (2005 - 2006) 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.
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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.
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new text begin (e) "International marriage broker" means any person, corporation, partnership, sole
proprietorship, or other legal entity that does business in this state and that, for a fee, offers
to Minnesota residents dating, matrimonial, or social referral services involving recruits
by doing any of the following in Minnesota, including through use of the Internet:
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new text begin (1) exchanging names, telephone numbers, addresses, or statistics;
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new text begin (2) selecting photographs; and
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new text begin (3) providing a social environment for introducing clients to recruits in a country
other than the United States.
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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 have available pamphlets in appropriate languages 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.
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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
fianc or fiance 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.
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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 information in paragraph (a) must be provided in 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, the marital history information, and
the 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 must not provide 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.
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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, 2006, except that
subdivision 2 is effective the day following final enactment.
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