Report Title:

International Matchmaking Orgs; Background Checks; Violations

Description:

Amends definition of "Hawaii resident"; requires international matchmaking organization to conduct a background check on Hawaii resident upon recruit's request for criminal conviction or marital history information; requires sworn disclosure by Hawaii residents; establishes violations.

HOUSE OF REPRESENTATIVES

H.B. NO.

280

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to international matchmaking organizations.

 

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 "Hawaii resident" to read as follows:

""Hawaii resident" means any person who resides in this State and includes aliens lawfully admitted for permanent residence and residing in Hawaii."

SECTION 2. Section 489N-2, Hawaii Revised Statutes, is amended to read as follows:

"[[]§489N-2[]] [Dissemination of] State criminal conviction record information and marital history information[.]; notice; background check; dissemination; violations. (a) Each international matchmaking organization doing business in this State shall:

(1) Notify all recruits that state criminal [history record information] conviction records are public documents and that state criminal conviction record information and marital history information [is available] relating to a Hawaii resident shall be provided to a recruit by the organization upon the request[;] of the recruit; and

(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].

(b) Upon receipt of a request for the state criminal conviction record information or marital history information of a Hawaii resident from a recruit, an international matchmaking organization shall conduct a background check on the Hawaii resident that shall require:

(1) The Hawaii resident to disclose in a sworn statement:

(A) Whether the resident has been convicted of a crime; and

(B) The resident's complete marital history information, including information regarding marriages, annulments, dissolutions, and divorces in Hawaii, as well as in any other state or country.

The Hawaii resident's criminal conviction disclosure shall be verified by the international matchmaking organization by means of state criminal conviction record information obtained through the Hawaii criminal justice data center.

The Hawaii resident shall provide the international matchmaking organization with personal identifying information that shall include but not be limited to the Hawaii resident's name, social security number, date of birth, and gender. This information shall be used only for the purpose of conducting the state criminal conviction record check.

The results of the background check, including any state criminal conviction record information and marital history information of the Hawaii resident, shall be disseminated to the recruit by the international matchmaking organization not less than ten working days after the information is obtained by the organization.

[(b)] (c) Upon receipt of a request for state criminal conviction record information 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 state criminal conviction record and the marital history information requested by the recruit concerning the Hawaii resident has [submitted to] been disseminated to the recruit by 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 dissolution that occurred in other states or countries].

(d) An international matchmaking organization shall notify the department of the attorney general each time that:

(1) A recruit requests the international matchmaking organization to provide state criminal conviction record information or marital history information on a Hawaii resident; and

(2) A Hawaii resident complies with the disclosure requirements of subsection (b)(1).

(e) Failure to comply with this section by an international matchmaking organization, including the failure to disseminate in a timely fashion any state criminal conviction record information or marital history record information relating to a Hawaii resident when requested by a recruit, shall constitute a deceptive trade practice under section 481A-3.

(f) A Hawaii resident's failure to disclose information, or the disclosure of false information, required pursuant to subsection (b) shall constitute false swearing under section 710-1062."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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