Bill Text: OR HB2781 | 2013 | Regular Session | Introduced
Bill Title: Relating to international matchmaking organizations.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2781 Detail]
Download: Oregon-2013-HB2781-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 889
House Bill 2781
Sponsored by Representative GELSER; Representatives BARTON,
BERGER, GARRETT, KENY-GUYER, OLSON, TOMEI
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires international matchmaking organization doing business
in this state to provide criminal history record information and
personal history information about client, and basic rights
information, to noncitizen, nonresident recruit.
Makes violation punishable by maximum of one year's
imprisonment, $6,250 fine, or both.
Permits person injured by violation to bring action for damages
within two years after violation or discovery of violation.
Authorizes court to award attorney fees in certain circumstances.
A BILL FOR AN ACT
Relating to international matchmaking organizations.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 5 of this 2013 Act:
(1) 'Basic rights information' means information appropriate
for a noncitizen, including information about domestic violence
resources, human rights, immigration and emergency assistance,
that is prepared by an international matchmaking organization or
an organization not affiliated with an international matchmaking
organization.
(2) 'Client' means an individual who is a resident of this
state and who uses an international matchmaking organization for
dating, matrimonial or social referral services.
(3) 'Criminal history record information' means information
about a client's criminal record as determined under section 3 of
this 2013 Act.
(4)(a) 'International matchmaking organization' means a
corporation, partnership, business, individual or other legal
entity that does business in the United States and offers to
residents of this state dating, matrimonial or social referral
services with recruits by providing clients with the personal
contact information of recruits or otherwise facilitating
communication between clients and recruits, or by providing a
social environment for introducing clients to recruits.
(b) 'International matchmaking organization' does not include:
(A) A traditional marriage broker that operates on a nonprofit
basis in compliance with the laws of the countries in which the
broker operates, including the laws of the United States;
(B) An entity that provides dating services, if the entity's
principal business is not to provide to residents of this state
dating services with recruits and if the entity charges
comparable rates and offers comparable services to all
individuals it serves, regardless of the individual's gender or
country of citizenship or residence; or
(C) An organization that does not charge a fee to any person
for dating, matrimonial or social referral services.
(5) 'Personal history information' means a declaration under
oath by a client regarding:
(a) The client's marital status;
(b) The number of previous marriages, annulments and
dissolutions of marriage the client has had and the state,
territory of the United States or country in which the marriage,
annulment or dissolution occurred;
(c) Whether any previous marriage occurred after receiving
services from an international matchmaking organization;
(d) All substantiated allegations of child abuse or neglect
against the client, regardless of the state, territory of the
United States or country in which the allegations were made or
investigated;
(e) All protective, restraining and stalking orders that have
been issued against the client, regardless of the state,
territory of the United States or country in which the orders
were issued;
(f) All orders of a court of bankruptcy discharging the client
as a petitioner in a bankruptcy proceeding;
(g) All aliases used by the client at any time; and
(h) All past or current court orders for spousal or child
support arrearages, regardless of the state, territory of the
United States or country in which the orders were issued.
(6) 'Recruit' means a person who is not a citizen or resident
of the United States and who is recruited by, or uses the
services of, an international matchmaking organization. + }
SECTION 2. { + (1) An international matchmaking organization
doing business in this state shall provide each recruit with the
following before personal contact information of the recruit is
given to a client:
(a) Criminal history record information about the client;
(b) Personal history information about the client; and
(c) Basic rights information.
(2) The international matchmaking organization shall provide
basic rights information to a recruit:
(a) When the organization first contacts the recruit;
(b) When the recruit arrives in the United States; and
(c) Six months after the recruit arrives in the United States.
(3) The information provided under subsections (1) and (2) of
this section must be:
(a) In the recruit's native language; and
(b) Displayed in a clearly conspicuous manner that separates
the criminal history record information, the personal history
information and the basic rights information from any other
information.
(4) The international matchmaking organization shall pay the
costs incurred in translating and providing the information
required under subsections (1) and (2) of this section.
(5) Information obtained by an international matchmaking
organization under sections 2 or 3 of this 2013 Act is
confidential and may not be used for any purpose other than that
for which it was obtained or disseminated.
(6) An international matchmaking organization is deemed to be
doing business in this state if it enters into a contract with a
resident of this state or is considered to be doing business in
this state under any other provision of state law. + }
SECTION 3. { + (1) Upon the request of an international
matchmaking organization, and in compliance with procedures
adopted by the Department of State Police under ORS 181.555, the
department shall:
(a) Furnish to the authorized staff of the organization
information about a client that the department has in its
possession, including but not limited to criminal offender
information, and information to which the department has access,
including but not limited to information in the Law Enforcement
Data System established under ORS 181.730;
(b) Conduct international and nationwide criminal records
checks of the client through the Federal Bureau of Investigation
by use of the client's fingerprints; and
(c) Transmit the information obtained under this subsection to
the authorized staff of the organization.
(2) The department may not transfer the fingerprint card used
to conduct a criminal records check on a client to the authorized
staff of an international matchmaking organization and shall
destroy the client's fingerprint card or return the fingerprint
card to the client. The department may not keep a record of the
client's fingerprints.
(3) The department may charge a fee for providing information
to an international matchmaking organization under this
section. + }
SECTION 4. { + A person that violates any provision of section
2 of this 2013 Act commits a Class A misdemeanor. A penalty
imposed under this section is in addition to any penalty imposed
under federal law. + }
SECTION 5. { + (1) An individual injured by a violation of
section 2 of this 2013 Act may bring an action in an appropriate
court to recover actual damages or statutory damages of $1,000,
whichever is greater. The court or the jury may award punitive
damages and the court may provide the equitable relief the court
considers necessary and proper.
(2) The court may award reasonable attorney fees and costs at
trial and on appeal to a prevailing plaintiff in an action under
this section. The court may award reasonable attorney fees and
costs at trial and on appeal to a prevailing defendant only if
the court finds there was no objectively reasonable basis for
bringing the action or asserting the ground for appeal.
(3) An action brought under this section must be commenced
within two years after the date of the violation or the date of
the discovery of the violation, whichever is later. + }
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