S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2571

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2013
                               ___________

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:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "International Marriage Brokers Act".
  S 2. Legislative findings. In 1999, the Immigration and Naturalization
Service  commissioned  a  study  that  found more than 200 international
marriage brokers operating around the globe, arranging between 4,000 and
6,000 marriages between American  men  and  foreign  women  every  year.
Today, the number of international marriage brokers is nearly 500 world-
wide  and,  based  on  the  1999 statistics, 20,000 to 30,000 women have
entered the United States using an international marriage broker in  the
past  five  years.  In  1993, the Commonwealth Fund estimated that seven
percent of American women who are married or  living  with  someone  are
physically  abused in a year's time, and that the incidence is higher in
mail-order marriages.  The purpose of this act is to  regulate  interna-
tional  marriage  brokers and to inform prospective wives of 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.
  S 3. The general business law is amended by adding a new article 28-CC
to read as follows:
                              ARTICLE 28-CC
                   INTERNATIONAL MARRIAGE BROKERS ACT
SECTION 470. DEFINITIONS.
        471. DUTIES   AND   RESPONSIBILITY   OF  INTERNATIONAL  MARRIAGE
               BROKERS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05008-01-3
              

A. 2571                             2

        472. FINANCIAL OBLIGATIONS OF INTERNATIONAL MARRIAGE BROKERS.
        473. PENALTIES.
        474. ENFORCEMENT.
  S 470. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  1. "BASIC RIGHTS INFORMATION PAMPHLET" SHALL MEAN A PAMPHLET, OR OTHER
SIMILAR FORM OF WRITTEN MATERIAL, WHICH SHALL INCLUDE, BUT NOT BE LIMIT-
ED TO, THE FOLLOWING INFORMATION:
  (A)  EMERGENCY  TELEPHONE  NUMBERS  FOR  LAW  ENFORCEMENT AND THE FIRE
DEPARTMENT WHERE THE RECRUIT WILL BE RESIDING,
  (B) THE CLIENT'S MARITAL STATUS, INCLUDING THE NUMBER OF TIMES SHE  OR
HE  HAS  BEEN  MARRIED,  AND  THE  NUMBER  OF K VISAS THAT SHE OR HE HAS
APPLIED FOR OVER HER OR HIS LIFETIME, ISSUED UNDER 8 U.S.C. SEC. 1184,
  (C) IMMIGRATION RELIEF AVAILABLE  TO  IMMIGRANT  VICTIMS  OF  DOMESTIC
VIOLENCE, SEXUAL ASSAULT, TRAFFICKING, AND OTHER CRIMES UNDER THE FEDER-
AL  VIOLENCE  AGAINST  WOMEN  ACT  OF  1994 (TITLE IV, P.L. 103-322) AND
SECTIONS 101(A)(15)(T) AND 101(A)(15)(U) OF THE FEDERAL IMMIGRATION  AND
NATIONALITY ACT (8 U.S.C. SEC. 1101 ET SEQ.),
  (D) INFORMATION ON THE WARNING SIGNS OF DOMESTIC VIOLENCE, AND
  (E)  DOMESTIC  VIOLENCE  AND SEXUAL ASSAULT SERVICES IN NEW YORK STATE
AND THE UNITED STATES, INCLUDING, BUT NOT LIMITED  TO,  THE  TRAFFICKING
INFORMATION  AND  REFERRAL HOTLINE, THE NATIONAL WOMEN'S HEALTH INFORMA-
TION CENTER, THE NATIONAL DOMESTIC VIOLENCE  HOTLINE  AND  THE  NATIONAL
SEXUAL ASSAULT HOTLINE.
  2.  "CLIENT" SHALL MEAN A PERSON WHO IS A RESIDENT OF THE STATE OF NEW
YORK WHO  CONTRACTS  WITH  AN  INTERNATIONAL  MARRIAGE  BROKER  TO  MEET
RECRUITS.
  3. "INTERNATIONAL MARRIAGE BROKER" SHALL MEAN ANY PERSON, CORPORATION,
PARTNERSHIP,  SOLE  PROPRIETORSHIP,  OR ANY OTHER LEGAL ENTITY THAT DOES
BUSINESS IN THE STATE OF NEW YORK FOR A FEE TO RESIDENTS OF THE STATE OF
NEW YORK OFFERING MATRIMONIAL OR RELATED SERVICES  INVOLVING  SOLICITING
RECRUITS BY DOING ANY OF THE FOLLOWING IN STATE:
  (A)  EXCHANGING  PHOTOGRAPHS,  NAMES, TELEPHONE NUMBERS, ADDRESSES, OR
STATISTICS; AND
  (B) PROVIDING A SOCIAL ENVIRONMENT FOR INTRODUCING CLIENTS TO RECRUITS
IN A COUNTRY OTHER THAN THE UNITED STATES.
  4. "RECRUIT" SHALL MEAN 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 MATRIMONIAL OR RELATED SERVICES.
  S 471. DUTIES AND RESPONSIBILITY OF INTERNATIONAL MARRIAGE BROKERS. 1.
PRIOR TO THE RELEASE OF ANY PERSONAL CONTACT INFORMATION OF A RECRUIT TO
ANY THIRD PARTY, AN INTERNATIONAL MARRIAGE BROKER SHALL OBTAIN FROM  THE
RECRUIT  A  SIGNED  WRITTEN  CONSENT  FORM,  IN  THE  RECRUIT'S  PRIMARY
LANGUAGE, AUTHORIZING THE RELEASE  OF  THE  RECRUIT'S  PERSONAL  CONTACT
INFORMATION TO THE SPECIFIC THIRD PARTY.
  2.  AN  INTERNATIONAL MARRIAGE BROKER SHALL PROVIDE THE RECRUIT WITH A
BASIC RIGHTS INFORMATION PAMPHLET, AS REQUIRED BY SECTION  FOUR  HUNDRED
SEVENTY  OF THIS ARTICLE, AT THE INITIAL CONTACT BETWEEN THE RECRUIT AND
THE INTERNATIONAL MARRIAGE BROKER, ITS EMPLOYEES OR AGENTS.
  3. THE INFORMATION  IN  SUBDIVISION  TWO  OF  THIS  SECTION  SHALL  BE
PROVIDED IN THE RECRUIT'S PRIMARY LANGUAGE AND THE BASIC RIGHTS INFORMA-
TION PAMPHLET SHALL BE DISPLAYED SEPARATELY FROM ANY OTHER INFORMATION.
  4.  AN  INTERNATIONAL MARRIAGE BROKER SHALL REFRAIN FROM PROVIDING ANY
FURTHER SERVICES TO  THE  RECRUIT  OR  CLIENT  UNTIL  THE  INTERNATIONAL
MARRIAGE  BROKER  HAS  OBTAINED AND PROVIDED THE RECRUIT THE INFORMATION
DESCRIBED IN SUBDIVISIONS ONE, TWO AND THREE OF THIS SECTION.

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  S 472. FINANCIAL OBLIGATIONS OF INTERNATIONAL MARRIAGE  BROKERS.    1.
PRIOR  TO  ENGAGING  IN  THE BUSINESS OF OR ACTING IN THE CAPACITY OF AN
INTERNATIONAL MARRIAGE BROKER, EVERY INTERNATIONAL MARRIAGE BROKER SHALL
FILE WITH THE SECRETARY OF STATE A SURETY BOND TO THE PEOPLE OF NEW YORK
NOT  TO  EXCEED  A PENAL SUM OF FIFTY THOUSAND DOLLARS AND EXECUTED BY A
SURETY COMPANY DULY AUTHORIZED TO TRANSACT BUSINESS IN THE  STATE.  SUCH
SURETY  BOND  SHALL  BE  CONDITIONED  UPON  THE  INTERNATIONAL  MARRIAGE
BROKER'S COMPLIANCE WITH THE REQUIREMENTS SET FORTH WITHIN THIS  ARTICLE
AND ANY OTHER RULES AND REGULATIONS PRESCRIBED BY THE SECRETARY OF STATE
PURSUANT  TO  THE  PROVISIONS  OF  THIS ARTICLE AND CONDITIONED UPON THE
PAYMENT OF ANY RESULTING FINES AND PENALTIES OF SUCH NONCOMPLIANCE  WITH
THE  PROVISIONS  OF  THIS ARTICLE. SUCH SURETY BOND SHALL ALSO BE CONDI-
TIONED UPON PAYMENT OF  JUDGMENTS  RENDERED  AGAINST  THE  INTERNATIONAL
MARRIAGE  BROKER,  OR PRINCIPAL OF THE BOND, FOR ANY ACTION BROUGHT BY A
PERSON FOR FRAUD, MISSTATEMENT, MISREPRESENTATION, DECEIT, OR ANY  OTHER
UNLAWFUL  ACT  OR  OMISSION  OF THE INTERNATIONAL MARRIAGE BROKER OR THE
AGENTS OR EMPLOYEES OF SUCH BROKER.   SUCH SURETY BOND  SHALL  BE  MAIN-
TAINED  FOR  THE DURATION OF THE BUSINESS AND FOR THREE YEARS SUCCEEDING
THE DISSOLUTION OF THE BUSINESS. PROOF OF SUCH BOND SHALL BE PROVIDED TO
THE SECRETARY OF STATE ON A BIANNUAL BASIS.
  2. UPON A FINAL JUDGMENT RENDERED AGAINST THE PRINCIPAL  OF  THE  BOND
FOR  FAILURE  OF  THE  INTERNATIONAL  MARRIAGE BROKER TO COMPLY WITH THE
REQUIREMENTS AND  CONDITIONS  SET  FORTH  IN  SUBDIVISION  ONE  OF  THIS
SECTION,  THE  SURETY BOND SHALL BE SATISFIED BY PAYMENT OF THE JUDGMENT
TO THE PEOPLE OF THE STATE AND SUCH MONEYS SHALL BE APPROPRIATED  SOLELY
FOR  THE  BENEFIT OF THE OBLIGEE AND FOR THE PURPOSE OF COMPENSATING THE
OBLIGEE FOR DAMAGES AND COSTS INCURRED FROM THE  INTERNATIONAL  MARRIAGE
BROKER'S FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE.
  3. AN INTERNATIONAL MARRIAGE BROKER SHALL BE REQUIRED TO FILE A SURETY
BOND  AND  A DISCLOSURE FORM WITH THE SECRETARY OF STATE. THE DISCLOSURE
FORM SHALL CONTAIN ALL OF THE FOLLOWING INFORMATION, INCLUDING  BUT  NOT
LIMITED TO:
  (A)  THE  INTERNATIONAL  MARRIAGE BROKER'S NAME, BUSINESS ADDRESS, AND
BUSINESS TELEPHONE NUMBER.
  (B) IF APPLICABLE, THE NAME, BUSINESS ADDRESS, AND BUSINESS  TELEPHONE
NUMBER  OF  THE CORPORATION OR PARTNERSHIP EMPLOYED BY THE INTERNATIONAL
MARRIAGE BROKER.
  (C) ALL INTERNET WEB SITE ADDRESSES AND DOMAIN NAMES OWNED OR OPERATED
BY THE INTERNATIONAL MARRIAGE BROKER.
  (D) EACH PERSON, INCLUDING THE BROKER'S EMPLOYEES AND AGENTS,  ENGAGED
IN  THE  BUSINESS OR ACTING IN THE CAPACITY OF AN INTERNATIONAL MARRIAGE
BROKER SHALL SUBMIT WITH THE DISCLOSURE FORM  A  COPY  OF  A  VALID  AND
CURRENT  PHOTO  IDENTIFICATION  TO  DETERMINE THE INTERNATIONAL MARRIAGE
BROKER'S IDENTITY, SUCH AS A NEW YORK  STATE  DRIVER'S  LICENSE  OR  ANY
OTHER IDENTIFICATION ACCEPTABLE TO THE SECRETARY OF STATE.
  (E)  A  COPY  OF EACH VERSION OF THE BASIC RIGHTS INFORMATION THAT HAS
BEEN TRANSLATED INTO A LANGUAGE  OTHER  THAN  ENGLISH,  AS  REQUIRED  BY
SECTION FOUR HUNDRED SEVENTY OF THIS ARTICLE.
  4.  AN  INTERNATIONAL  MARRIAGE  BROKER SHALL NOTIFY THE DEPARTMENT OF
STATE IN WRITING WITHIN THIRTY  DAYS  FROM  THE  DATE  THE  SURETY  BOND
REQUIRED  BY  SUBDIVISION ONE OF THIS SECTION IS RENEWED WITH THE SURETY
COMPANY OR OBTAINED WITH A NEW SURETY COMPANY,  AND  OF  ANY  CHANGE  OF
NAME,  ADDRESS, TELEPHONE NUMBER, OR AGENT OF THE INTERNATIONAL MARRIAGE
BROKER.
  5. THE SECRETARY OF STATE SHALL POST SUCH INFORMATION SUBMITTED BY  AN
INTERNATIONAL  MARRIAGE  BROKER ON THE DEPARTMENT'S WEB SITE REQUIRED BY

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SUBDIVISION THREE OF THIS SECTION. THE SECRETARY OF STATE  SHALL  ENSURE
ONCE A YEAR THAT SUCH INFORMATION IS CURRENT.
  6.  THE  SECRETARY OF STATE SHALL DEVELOP THE DISCLOSURE FORM REQUIRED
TO FILE A BOND UNDER SUBDIVISION THREE  OF  THIS  SECTION  AND  MAKE  IT
AVAILABLE TO ANY INTERNATIONAL MARRIAGE BROKER FILING A BOND PURSUANT TO
SUBDIVISION ONE OF THIS SECTION.
  7.  THE  SECRETARY  OF  STATE SHALL CHARGE AND COLLECT A FILING FEE TO
COVER THE COST OF FILING THE BOND.
  S 473. PENALTIES. 1. (A) AN INTERNATIONAL MARRIAGE BROKER WHO VIOLATES
THIS ARTICLE SHALL BE SUBJECT TO A  CIVIL  PENALTY  NOT  TO  EXCEED  ONE
HUNDRED  THOUSAND  DOLLARS  FOR  EACH  VIOLATION,  TO  BE  ASSESSED  AND
COLLECTED IN A CIVIL  ACTION  BROUGHT  BY  ANY  PERSON  INJURED  BY  THE
VIOLATION  OR IN A CIVIL ACTION BROUGHT IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK BY THE ATTORNEY GENERAL OR THE  DISTRICT  ATTORNEY  OR
THE CITY ATTORNEY HAVING JURISDICTION OVER THE MATTER. AN ACTION BROUGHT
IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK SHALL NOT PRECLUDE AN
ACTION BEING BROUGHT BY AN INJURED PERSON.
  (B) ANY ACTION BROUGHT PURSUANT TO THIS SECTION BY THE ATTORNEY GENER-
AL,  DISTRICT  ATTORNEY,  OR  CITY  ATTORNEY  MAY  SEEK  RELIEF  FOR ANY
VIOLATIONS OF THIS ARTICLE COMMITTED BY AN INTERNATIONAL MARRIAGE BROKER
INCLUDING INJUNCTIVE RELIEF, RESTITUTION,  AND  OTHER  EQUITABLE  RELIEF
AGAINST  THE  INTERNATIONAL MARRIAGE BROKER IN THE NAME OF THE PEOPLE OF
THE STATE OF NEW YORK.
  2. A PERSON CLAIMING TO BE AGGRIEVED BY A VIOLATION OF THIS ARTICLE BY
AN INTERNATIONAL MARRIAGE BROKER MAY BRING A CIVIL ACTION FOR INJUNCTIVE
RELIEF OR DAMAGES, OR BOTH. IF THE COURT FINDS THAT  THE  DEFENDANT  HAS
VIOLATED  A  PROVISION  OF  THIS ARTICLE, IT SHALL AWARD ACTUAL DAMAGES,
PLUS AN AMOUNT EQUAL TO TREBLE THE AMOUNT OF ACTUAL DAMAGES OR ONE THOU-
SAND DOLLARS PER VIOLATION, WHICHEVER IS GREATER. THE COURT  SHALL  ALSO
GRANT  TO  THE PREVAILING PLAINTIFF REASONABLE ATTORNEYS' FEES AND LEGAL
COSTS.
  3. WHEN ANY CLAIM OR CLAIMS AGAINST A BOND HAVE BEEN  PAID  SO  AS  TO
REDUCE  THE  PRINCIPAL  AMOUNT  OF  THE  BOND REMAINING AVAILABLE TO PAY
CLAIMS BELOW THE PRINCIPAL  AMOUNT  REQUIRED  BY  SECTION  FOUR  HUNDRED
SEVENTY-TWO  OF  THIS  ARTICLE,  THE INTERNATIONAL MARRIAGE BROKER SHALL
CEASE TO CONDUCT ANY BUSINESS WITHIN THE STATE UNLESS AND UNTIL THE BOND
HAS BEEN REINSTATED UP TO THE MINIMUM AMOUNT REQUIRED  BY  SECTION  FOUR
HUNDRED SEVENTY-TWO OF THIS ARTICLE.
  S   474.  ENFORCEMENT.  THE  SECRETARY  OF  STATE  SHALL  ENFORCE  THE
PROVISIONS OF THIS ARTICLE THAT GOVERN THE  FILING  AND  MAINTENANCE  OF
SURETY  BONDS  AND SHALL PROMULGATE ANY RULES AND REGULATIONS PERTAINING
TO THE POSTING OF SUCH BONDS.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.