S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5970
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 9, 2015
                                      ___________
       Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
         on Economic Development
       AN ACT to amend the general  business  law,  in  relation  to  educating
         foreign  women  entering this country as prospective spouses about the
         history of the men they may be marrying and their rights as  residents
         of the United States if they become victims of domestic violence
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "International Marriage Brokers Act".
    3    S 2. Legislative findings. In 1999, the Immigration and Naturalization
    4  Service  commissioned  a  study  that  found more than 200 international
    5  marriage brokers operating around the globe, arranging between 4,000 and
    6  6,000 marriages between American  men  and  foreign  women  every  year.
    7  Today, the number of international marriage brokers is nearly 500 world-
    8  wide  and,  based  on  the  1999 statistics, 20,000 to 30,000 women have
    9  entered the United States using an international marriage broker in  the
   10  past  five  years.  In  1993, the Commonwealth Fund estimated that seven
   11  percent of American women who are married or  living  with  someone  are
   12  physically  abused in a year's time, and that the incidence is higher in
   13  mail-order marriages.  The purpose of this act is to  regulate  interna-
   14  tional  marriage  brokers and to inform prospective wives of the history
   15  of the men they may be marrying and their rights  as  residents  of  the
   16  United States if they become victims of domestic violence.
   17    S 3. The general business law is amended by adding a new article 28-CC
   18  to read as follows:
   19                                ARTICLE 28-CC
   20                     INTERNATIONAL MARRIAGE BROKERS ACT
   21  SECTION 470. DEFINITIONS.
   22          471. DUTIES   AND   RESPONSIBILITY   OF  INTERNATIONAL  MARRIAGE
   23                 BROKERS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04656-01-5
       A. 5970                             2
    1          472. FINANCIAL OBLIGATIONS OF INTERNATIONAL MARRIAGE BROKERS.
    2          473. PENALTIES.
    3          474. ENFORCEMENT.
    4    S 470. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
    5  HAVE THE FOLLOWING MEANINGS:
    6    1. "BASIC RIGHTS INFORMATION PAMPHLET" SHALL MEAN A PAMPHLET, OR OTHER
    7  SIMILAR FORM OF WRITTEN MATERIAL, WHICH SHALL INCLUDE, BUT NOT BE LIMIT-
    8  ED TO, THE FOLLOWING INFORMATION:
    9    (A)  EMERGENCY  TELEPHONE  NUMBERS  FOR  LAW  ENFORCEMENT AND THE FIRE
   10  DEPARTMENT WHERE THE RECRUIT WILL BE RESIDING,
   11    (B) THE CLIENT'S MARITAL STATUS, INCLUDING THE NUMBER OF TIMES SHE  OR
   12  HE  HAS  BEEN  MARRIED,  AND  THE  NUMBER  OF K VISAS THAT SHE OR HE HAS
   13  APPLIED FOR OVER HER OR HIS LIFETIME, ISSUED UNDER 8 U.S.C. SEC. 1184,
   14    (C) IMMIGRATION RELIEF AVAILABLE  TO  IMMIGRANT  VICTIMS  OF  DOMESTIC
   15  VIOLENCE, SEXUAL ASSAULT, TRAFFICKING, AND OTHER CRIMES UNDER THE FEDER-
   16  AL  VIOLENCE  AGAINST  WOMEN  ACT  OF  1994 (TITLE IV, P.L. 103-322) AND
   17  SECTIONS 101(A)(15)(T) AND 101(A)(15)(U) OF THE FEDERAL IMMIGRATION  AND
   18  NATIONALITY ACT (8 U.S.C. SEC. 1101 ET SEQ.),
   19    (D) INFORMATION ON THE WARNING SIGNS OF DOMESTIC VIOLENCE, AND
   20    (E)  DOMESTIC  VIOLENCE  AND SEXUAL ASSAULT SERVICES IN NEW YORK STATE
   21  AND THE UNITED STATES, INCLUDING, BUT NOT LIMITED  TO,  THE  TRAFFICKING
   22  INFORMATION  AND  REFERRAL HOTLINE, THE NATIONAL WOMEN'S HEALTH INFORMA-
   23  TION CENTER, THE NATIONAL DOMESTIC VIOLENCE  HOTLINE  AND  THE  NATIONAL
   24  SEXUAL ASSAULT HOTLINE.
   25    2.  "CLIENT" SHALL MEAN A PERSON WHO IS A RESIDENT OF THE STATE OF NEW
   26  YORK WHO  CONTRACTS  WITH  AN  INTERNATIONAL  MARRIAGE  BROKER  TO  MEET
   27  RECRUITS.
   28    3. "INTERNATIONAL MARRIAGE BROKER" SHALL MEAN ANY PERSON, CORPORATION,
   29  PARTNERSHIP,  SOLE  PROPRIETORSHIP,  OR ANY OTHER LEGAL ENTITY THAT DOES
   30  BUSINESS IN THE STATE OF NEW YORK FOR A FEE TO RESIDENTS OF THE STATE OF
   31  NEW YORK OFFERING MATRIMONIAL OR RELATED SERVICES  INVOLVING  SOLICITING
   32  RECRUITS BY DOING ANY OF THE FOLLOWING IN STATE:
   33    (A)  EXCHANGING  PHOTOGRAPHS,  NAMES, TELEPHONE NUMBERS, ADDRESSES, OR
   34  STATISTICS; AND
   35    (B) PROVIDING A SOCIAL ENVIRONMENT FOR INTRODUCING CLIENTS TO RECRUITS
   36  IN A COUNTRY OTHER THAN THE UNITED STATES.
   37    4. "RECRUIT" SHALL MEAN A PERSON WHO IS NOT A CITIZEN OR  RESIDENT  OF
   38  THE  UNITED  STATES  AND  WHO  IS RECRUITED BY AN INTERNATIONAL MARRIAGE
   39  BROKER FOR THE PURPOSE OF PROVIDING MATRIMONIAL OR RELATED SERVICES.
   40    S 471. DUTIES AND RESPONSIBILITY OF INTERNATIONAL MARRIAGE BROKERS. 1.
   41  PRIOR TO THE RELEASE OF ANY PERSONAL CONTACT INFORMATION OF A RECRUIT TO
   42  ANY THIRD PARTY, AN INTERNATIONAL MARRIAGE BROKER SHALL OBTAIN FROM  THE
   43  RECRUIT  A  SIGNED  WRITTEN  CONSENT  FORM,  IN  THE  RECRUIT'S  PRIMARY
   44  LANGUAGE, AUTHORIZING THE RELEASE  OF  THE  RECRUIT'S  PERSONAL  CONTACT
   45  INFORMATION TO THE SPECIFIC THIRD PARTY.
   46    2.  AN  INTERNATIONAL MARRIAGE BROKER SHALL PROVIDE THE RECRUIT WITH A
   47  BASIC RIGHTS INFORMATION PAMPHLET, AS REQUIRED BY SECTION  FOUR  HUNDRED
   48  SEVENTY  OF THIS ARTICLE, AT THE INITIAL CONTACT BETWEEN THE RECRUIT AND
   49  THE INTERNATIONAL MARRIAGE BROKER, ITS EMPLOYEES OR AGENTS.
   50    3. THE INFORMATION  IN  SUBDIVISION  TWO  OF  THIS  SECTION  SHALL  BE
   51  PROVIDED IN THE RECRUIT'S PRIMARY LANGUAGE AND THE BASIC RIGHTS INFORMA-
   52  TION PAMPHLET SHALL BE DISPLAYED SEPARATELY FROM ANY OTHER INFORMATION.
   53    4.  AN  INTERNATIONAL MARRIAGE BROKER SHALL REFRAIN FROM PROVIDING ANY
   54  FURTHER SERVICES TO  THE  RECRUIT  OR  CLIENT  UNTIL  THE  INTERNATIONAL
   55  MARRIAGE  BROKER  HAS  OBTAINED AND PROVIDED THE RECRUIT THE INFORMATION
   56  DESCRIBED IN SUBDIVISIONS ONE, TWO AND THREE OF THIS SECTION.
       A. 5970                             3
    1    S 472. FINANCIAL OBLIGATIONS OF INTERNATIONAL MARRIAGE  BROKERS.    1.
    2  PRIOR  TO  ENGAGING  IN  THE BUSINESS OF OR ACTING IN THE CAPACITY OF AN
    3  INTERNATIONAL MARRIAGE BROKER, EVERY INTERNATIONAL MARRIAGE BROKER SHALL
    4  FILE WITH THE SECRETARY OF STATE A SURETY BOND TO THE PEOPLE OF NEW YORK
    5  NOT  TO  EXCEED  A PENAL SUM OF FIFTY THOUSAND DOLLARS AND EXECUTED BY A
    6  SURETY COMPANY DULY AUTHORIZED TO TRANSACT BUSINESS IN THE  STATE.  SUCH
    7  SURETY  BOND  SHALL  BE  CONDITIONED  UPON  THE  INTERNATIONAL  MARRIAGE
    8  BROKER'S COMPLIANCE WITH THE REQUIREMENTS SET FORTH WITHIN THIS  ARTICLE
    9  AND ANY OTHER RULES AND REGULATIONS PRESCRIBED BY THE SECRETARY OF STATE
   10  PURSUANT  TO  THE  PROVISIONS  OF  THIS ARTICLE AND CONDITIONED UPON THE
   11  PAYMENT OF ANY RESULTING FINES AND PENALTIES OF SUCH NONCOMPLIANCE  WITH
   12  THE  PROVISIONS  OF  THIS ARTICLE. SUCH SURETY BOND SHALL ALSO BE CONDI-
   13  TIONED UPON PAYMENT OF  JUDGMENTS  RENDERED  AGAINST  THE  INTERNATIONAL
   14  MARRIAGE  BROKER,  OR PRINCIPAL OF THE BOND, FOR ANY ACTION BROUGHT BY A
   15  PERSON FOR FRAUD, MISSTATEMENT, MISREPRESENTATION, DECEIT, OR ANY  OTHER
   16  UNLAWFUL  ACT  OR  OMISSION  OF THE INTERNATIONAL MARRIAGE BROKER OR THE
   17  AGENTS OR EMPLOYEES OF SUCH BROKER.   SUCH SURETY BOND  SHALL  BE  MAIN-
   18  TAINED  FOR  THE DURATION OF THE BUSINESS AND FOR THREE YEARS SUCCEEDING
   19  THE DISSOLUTION OF THE BUSINESS. PROOF OF SUCH BOND SHALL BE PROVIDED TO
   20  THE SECRETARY OF STATE ON A BIANNUAL BASIS.
   21    2. UPON A FINAL JUDGMENT RENDERED AGAINST THE PRINCIPAL  OF  THE  BOND
   22  FOR  FAILURE  OF  THE  INTERNATIONAL  MARRIAGE BROKER TO COMPLY WITH THE
   23  REQUIREMENTS AND  CONDITIONS  SET  FORTH  IN  SUBDIVISION  ONE  OF  THIS
   24  SECTION,  THE  SURETY BOND SHALL BE SATISFIED BY PAYMENT OF THE JUDGMENT
   25  TO THE PEOPLE OF THE STATE AND SUCH MONEYS SHALL BE APPROPRIATED  SOLELY
   26  FOR  THE  BENEFIT OF THE OBLIGEE AND FOR THE PURPOSE OF COMPENSATING THE
   27  OBLIGEE FOR DAMAGES AND COSTS INCURRED FROM THE  INTERNATIONAL  MARRIAGE
   28  BROKER'S FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE.
   29    3. AN INTERNATIONAL MARRIAGE BROKER SHALL BE REQUIRED TO FILE A SURETY
   30  BOND  AND  A DISCLOSURE FORM WITH THE SECRETARY OF STATE. THE DISCLOSURE
   31  FORM SHALL CONTAIN ALL OF THE FOLLOWING INFORMATION, INCLUDING  BUT  NOT
   32  LIMITED TO:
   33    (A)  THE  INTERNATIONAL  MARRIAGE BROKER'S NAME, BUSINESS ADDRESS, AND
   34  BUSINESS TELEPHONE NUMBER.
   35    (B) IF APPLICABLE, THE NAME, BUSINESS ADDRESS, AND BUSINESS  TELEPHONE
   36  NUMBER  OF  THE CORPORATION OR PARTNERSHIP EMPLOYED BY THE INTERNATIONAL
   37  MARRIAGE BROKER.
   38    (C) ALL INTERNET WEB SITE ADDRESSES AND DOMAIN NAMES OWNED OR OPERATED
   39  BY THE INTERNATIONAL MARRIAGE BROKER.
   40    (D) EACH PERSON, INCLUDING THE BROKER'S EMPLOYEES AND AGENTS,  ENGAGED
   41  IN  THE  BUSINESS OR ACTING IN THE CAPACITY OF AN INTERNATIONAL MARRIAGE
   42  BROKER SHALL SUBMIT WITH THE DISCLOSURE FORM  A  COPY  OF  A  VALID  AND
   43  CURRENT  PHOTO  IDENTIFICATION  TO  DETERMINE THE INTERNATIONAL MARRIAGE
   44  BROKER'S IDENTITY, SUCH AS A NEW YORK  STATE  DRIVER'S  LICENSE  OR  ANY
   45  OTHER IDENTIFICATION ACCEPTABLE TO THE SECRETARY OF STATE.
   46    (E)  A  COPY  OF EACH VERSION OF THE BASIC RIGHTS INFORMATION THAT HAS
   47  BEEN TRANSLATED INTO A LANGUAGE  OTHER  THAN  ENGLISH,  AS  REQUIRED  BY
   48  SECTION FOUR HUNDRED SEVENTY OF THIS ARTICLE.
   49    4.  AN  INTERNATIONAL  MARRIAGE  BROKER SHALL NOTIFY THE DEPARTMENT OF
   50  STATE IN WRITING WITHIN THIRTY  DAYS  FROM  THE  DATE  THE  SURETY  BOND
   51  REQUIRED  BY  SUBDIVISION ONE OF THIS SECTION IS RENEWED WITH THE SURETY
   52  COMPANY OR OBTAINED WITH A NEW SURETY COMPANY,  AND  OF  ANY  CHANGE  OF
   53  NAME,  ADDRESS, TELEPHONE NUMBER, OR AGENT OF THE INTERNATIONAL MARRIAGE
   54  BROKER.
   55    5. THE SECRETARY OF STATE SHALL POST SUCH INFORMATION SUBMITTED BY  AN
   56  INTERNATIONAL  MARRIAGE  BROKER ON THE DEPARTMENT'S WEB SITE REQUIRED BY
       A. 5970                             4
    1  SUBDIVISION THREE OF THIS SECTION. THE SECRETARY OF STATE  SHALL  ENSURE
    2  ONCE A YEAR THAT SUCH INFORMATION IS CURRENT.
    3    6.  THE  SECRETARY OF STATE SHALL DEVELOP THE DISCLOSURE FORM REQUIRED
    4  TO FILE A BOND UNDER SUBDIVISION THREE  OF  THIS  SECTION  AND  MAKE  IT
    5  AVAILABLE TO ANY INTERNATIONAL MARRIAGE BROKER FILING A BOND PURSUANT TO
    6  SUBDIVISION ONE OF THIS SECTION.
    7    7.  THE  SECRETARY  OF  STATE SHALL CHARGE AND COLLECT A FILING FEE TO
    8  COVER THE COST OF FILING THE BOND.
    9    S 473. PENALTIES. 1. (A) AN INTERNATIONAL MARRIAGE BROKER WHO VIOLATES
   10  THIS ARTICLE SHALL BE SUBJECT TO A  CIVIL  PENALTY  NOT  TO  EXCEED  ONE
   11  HUNDRED  THOUSAND  DOLLARS  FOR  EACH  VIOLATION,  TO  BE  ASSESSED  AND
   12  COLLECTED IN A CIVIL  ACTION  BROUGHT  BY  ANY  PERSON  INJURED  BY  THE
   13  VIOLATION  OR IN A CIVIL ACTION BROUGHT IN THE NAME OF THE PEOPLE OF THE
   14  STATE OF NEW YORK BY THE ATTORNEY GENERAL OR THE  DISTRICT  ATTORNEY  OR
   15  THE CITY ATTORNEY HAVING JURISDICTION OVER THE MATTER. AN ACTION BROUGHT
   16  IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK SHALL NOT PRECLUDE AN
   17  ACTION BEING BROUGHT BY AN INJURED PERSON.
   18    (B) ANY ACTION BROUGHT PURSUANT TO THIS SECTION BY THE ATTORNEY GENER-
   19  AL,  DISTRICT  ATTORNEY,  OR  CITY  ATTORNEY  MAY  SEEK  RELIEF  FOR ANY
   20  VIOLATIONS OF THIS ARTICLE COMMITTED BY AN INTERNATIONAL MARRIAGE BROKER
   21  INCLUDING INJUNCTIVE RELIEF, RESTITUTION,  AND  OTHER  EQUITABLE  RELIEF
   22  AGAINST  THE  INTERNATIONAL MARRIAGE BROKER IN THE NAME OF THE PEOPLE OF
   23  THE STATE OF NEW YORK.
   24    2. A PERSON CLAIMING TO BE AGGRIEVED BY A VIOLATION OF THIS ARTICLE BY
   25  AN INTERNATIONAL MARRIAGE BROKER MAY BRING A CIVIL ACTION FOR INJUNCTIVE
   26  RELIEF OR DAMAGES, OR BOTH. IF THE COURT FINDS THAT  THE  DEFENDANT  HAS
   27  VIOLATED  A  PROVISION  OF  THIS ARTICLE, IT SHALL AWARD ACTUAL DAMAGES,
   28  PLUS AN AMOUNT EQUAL TO TREBLE THE AMOUNT OF ACTUAL DAMAGES OR ONE THOU-
   29  SAND DOLLARS PER VIOLATION, WHICHEVER IS GREATER. THE COURT  SHALL  ALSO
   30  GRANT  TO  THE PREVAILING PLAINTIFF REASONABLE ATTORNEYS' FEES AND LEGAL
   31  COSTS.
   32    3. WHEN ANY CLAIM OR CLAIMS AGAINST A BOND HAVE BEEN  PAID  SO  AS  TO
   33  REDUCE  THE  PRINCIPAL  AMOUNT  OF  THE  BOND REMAINING AVAILABLE TO PAY
   34  CLAIMS BELOW THE PRINCIPAL  AMOUNT  REQUIRED  BY  SECTION  FOUR  HUNDRED
   35  SEVENTY-TWO  OF  THIS  ARTICLE,  THE INTERNATIONAL MARRIAGE BROKER SHALL
   36  CEASE TO CONDUCT ANY BUSINESS WITHIN THE STATE UNLESS AND UNTIL THE BOND
   37  HAS BEEN REINSTATED UP TO THE MINIMUM AMOUNT REQUIRED  BY  SECTION  FOUR
   38  HUNDRED SEVENTY-TWO OF THIS ARTICLE.
   39    S   474.  ENFORCEMENT.  THE  SECRETARY  OF  STATE  SHALL  ENFORCE  THE
   40  PROVISIONS OF THIS ARTICLE THAT GOVERN THE  FILING  AND  MAINTENANCE  OF
   41  SURETY  BONDS  AND SHALL PROMULGATE ANY RULES AND REGULATIONS PERTAINING
   42  TO THE POSTING OF SUCH BONDS.
   43    S 4. This act shall take effect on the one hundred eightieth day after
   44  it shall have become a law.