08 LC 29
3240
House
Bill 1325
By:
Representatives Benfield of the
85th,
Cooper of the
41st,
Powell of the
29th,
and Setzler of the
35th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 19 of the Official Code of Georgia Annotated, relating to domestic
relations, so as to provide for regulation of international marriage brokers or
international matchmaking organizations; to provide for legislative findings; to
define terms; to require that certain information be collected and provided to
persons using such brokerage or matchmaking services; to provide for a civil
penalty; to provide for jurisdiction and venue; to provide for enforcement; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
The
General Assembly finds that international marriage brokers are a growing
industry in Georgia whereby foreign nationals are introduced to Georgia citizens
for the purpose of facilitating marriage. The General Assembly further finds
that this state has an interest in ensuring that minors are not brought into the
United States by international marriage brokers. The General Assembly further
finds that this state has an interest in providing foreign nationals with
information regarding the criminal and marital history of a prospective spouse,
the illegality of domestic violence in the United States, and the resources
available in Georgia to victims of family violence, sexual assault, and human
trafficking.
SECTION
2.
Title
19 of the Official Code of Georgia Annotated, relating to domestic relations, is
amended by adding a new chapter to read as follows:
"CHAPTER
16
19-16-1.
As
used in this chapter, the term:
(1)
'Client' means a Georgia resident, including a lawful permanent resident of the
United States, who contracts with an international marriage broker for its
services.
(2)
'Criminal history information' means:
(A)
Any court ordered restriction on physical contact with another person, including
any temporary or permanent restraining order or civil protection
order;
(B)
Complete criminal history record information maintained by the Georgia Crime
Information Center based on the fingerprints or the consent of the client in
accordance with Code Section 35-3-34;
(C)
A complete transcript of a background check conducted by the Federal Bureau of
Investigation based upon a submission of fingerprint impressions;
and
(D)
A complete transcript of a search for the client on the Georgia Bureau of
Investigation´s website regarding the sexual offender
registry.
(3)
'International marriage broker' means an international marriage broker or
international matchmaking organization which is 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 clients dating, matrimonial, matchmaking services, or
social referrals involving citizens of a foreign country or countries who are
not residing in the United States, by:
(A)
An exchange of names, telephone numbers, addresses, or statistics;
(B)
Selection of photographs; or
(C)
A social environment provided by such broker in a country other than the United
States.
The
term shall not include a traditional matchmaking organization of a religious
nature that otherwise operates in compliance with the laws of the countries of
the recruits of such organization and the laws of the United States, any
organization that does not charge a fee to any party for the service provided,
or an entity that provides dating services if the entity´s principal
business does not provide international dating services between United States
citizens or United States residents and foreign nationals and the entity charges
comparable rates and offers comparable services to all individuals it serves
regardless of the individual´s gender or country of
citizenship.
(4)
'Marital history information' means:
(A)
Current marital status;
(B)
An accounting of previous marital relationships, how many and how the previous
marriages were terminated and the date of such of termination; and
(C)
Whether the client has previously sponsored a person from a foreign country to
whom the client has been engaged or married.
(5)
'Recruit' means a person who is 18 years of age or older, not a citizen or
resident of Georgia or of the United States, and who is recruited by an
international marriage broker for the purpose of providing matrimonial
services.
19-16-2.
Each
international marriage broker shall:
(1)
Obtain the client´s criminal history information;
(2)
Require the client to provide the client´s marital history information, in
writing and signed by the client under penalty of perjury;
(3)
Pay the costs incurred to obtain a certified translation of the client´s
criminal history information and marital history information into the
recruit´s native language and provide all of the information received to
the recruit prior to referring any personal contact information of the recruit
to the client;
(4)
Not provide any individual or entity, including, but not limited to, a client
with the personal contact information, photograph, or general information about
the background or interests of any recruit or any individual under the age of
18; and
(5)
Provide the recruit with information in his or her native language that
explains:
(A)
The client´s responses to questions regarding the client´s criminal
history information and marital history information may not be
accurate;
(B)
The fiancée visa application process and marriage-based immigration
status;
(C)
The illegality of domestic violence in the United States;
(D)
The assistance available to victims of family violence, sexual assault, and
human trafficking in this state;
(E)
The availability of protective orders, free legal advice, immigration resources,
shelters, and the state-wide 24 hour domestic violence hotline; and
(F)
The rights of victims of domestic violence, sexual assault, and human
trafficking in this state including, but not limited to, the right to petition
for residence independent of and without the knowledge, consent, or cooperation
of the spouse.
19-16-3.
The
State Commission on Family Violence shall issue materials which include the
information required by this Code section and each international marriage broker
shall provide such materials to the recruit.
19-16-4.
(a)
Any international marriage broker who violates any provision of this chapter
shall be subject to a civil penalty not to exceed $20,000.00 for each violation.
Each violation of this chapter shall constitute a separate offense. In
determining the amount of the civil penalty, the court shall consider:
(1)
Any previous violations of this chapter by the international marriage broker;
(2)
The seriousness of the violation, including the nature, circumstances, extent,
and gravity of the violation;
(3)
The demonstrated good faith of the international marriage broker; and
(4)
The penalty necessary to deter future violations.
(b)
For the purpose of venue under this chapter, any violation of this chapter shall
be considered to have been committed:
(1)
In the county of the principal place of business in this state of the owner of
an international marriage broker;
(2)
In any county in which any international marriage broker committed an act in
violation of any provision of this chapter;
(3)
In any county in which any act was performed in furtherance of any transaction
which violated this chapter; and
(4)
In any county from which, to which, or through which any use of an international
marriage broker was utilized.
(c)
District attorneys shall conduct the civil prosecutions of violations of this
chapter in accordance with Code Section 15-18-6.
(d)
Any person who suffers damages as a result of an international marriage
broker´s actions or inaction in violation of this chapter has a cause of
action against such international marriage broker for damages and for any other
relief a court of competent jurisdiction deems appropriate, including, but not
limited to, compensatory and punitive damages and recovery of litigation
expenses and reasonable attorney´s fees."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.