Report Title:
International Matchmaking; Domestic Abuse Orders
Description:
Adds abuse orders of protection issued against the person as information that must be disclosed by a Hawaii resident as part of the resident's marital history information in dealings with international matchmaking organizations. (HB2050 HD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2050 |
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TWENTY-THIRD LEGISLATURE, 2006 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to international matchmaking.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 489N-1, Hawaii Revised Statutes, is amended by amending the definition of "marital history information" to read as follows:
""Marital history information" means a declaration of the person's current marital status, the number of times the person has previously been married, the number of domestic abuse orders of protection issued against the person, and whether any previous marriages occurred as a result of receiving services from an international matchmaking organization."
SECTION 2. Section 489N-2, Hawaii Revised Statutes, is amended to read as follows:
"[[]§489N-2[]] Dissemination of criminal record and marital history information. (a) Each international matchmaking organization doing business in this State shall:
(1) Notify all recruits that criminal history record information and marital history information is available upon request;
(2) Provide the notice required by paragraph (1) in the recruit's native language and display it in a manner that separates it from other information, is conspicuous, and in lettering not less than one-quarter of an inch high; [and]
(3) Upon request, disseminate to a recruit in the recruit's native language all criminal conviction information and marital history information in the possession of the international matchmaking organization relating to a Hawaii resident about whom any information is provided to the recruit[.];
(4) Require the Hawaii resident to submit or authorize access to the resident's criminal history and marital history information upon requesting the services of the international matchmaking organization; and
(5) Submit an annual report on its business activities to the department of commerce and consumer affairs.
(b) Upon receipt of a request for criminal conviction or marital history information from a recruit, an international matchmaking organization shall refrain from providing any further services to the recruit or the Hawaii resident with regard to facilitating future interaction between the recruit and the Hawaii resident until the Hawaii resident has submitted to the organization:
(1) The complete transcript of any criminal history record or a statement that there is no record of convictions; provided that these are obtained from the Hawaii criminal justice data center based on a submission of fingerprint impressions and sent directly to the organization by the Hawaii criminal justice data center; and
(2) The Hawaii resident's marital history information, accompanied by an affirmation by the Hawaii resident that any marital history information provided is complete and accurate and includes information regarding marriages, annulments, [and] dissolutions, and the number of domestic abuse orders of protection issued against the person that occurred in other states or countries."
SECTION 3. Section 489N-3, Hawaii Revised Statutes, is amended to read as follows:
"[[]§489N-3[]] Jurisdiction. (a) An international matchmaking organization shall be deemed to be doing business in Hawaii if it contracts for matchmaking services with a Hawaii resident or is considered to be doing business under any other law of this State.
(b) Notwithstanding any other law to the contrary, Hawaii residents using the services of an international matchmaking organization shall be subject to the laws of this state."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on January 1, 2007.