S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6226
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2019
                                ___________
 
 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".
   § 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.
   § 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.
              

                                                            LBD10265-01-9

 A. 6226                             2
 
         472. FINANCIAL OBLIGATIONS OF INTERNATIONAL MARRIAGE BROKERS.
         473. PENALTIES.
         474. ENFORCEMENT.
   § 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.
   § 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 DEFINED 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.

 A. 6226                             3
 
   § 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  DEFINED  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

 A. 6226                             4
 
 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.
   § 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.
   §   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.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.