AN
ACT Relating to international matchmaking organizations; amending RCW
43.43.760; adding a new chapter to Title 19 RCW; and providing an effective
date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature intends to provide increased consumer awareness on the part of
persons living abroad regarding Washington residents who utilize international
matchmaking services for purposes of establishing relationships with those
living abroad. The legislature recognizes that persons living abroad are
already required to provide background information to the federal government
during visa applications, but, unlike residents of the United States, are
unlikely to have the means to access and fully verify personal history
information about prospective spouses residing in the United States. The
legislature does not intend to impede the ability of any person to establish a
marital or romantic relationship, but rather to increase the ability of persons
living abroad to make informed decisions about Washington residents.
The
legislature does not intend to adversely impact in any way those businesses who
offer international matchmaking services on a not for fee basis.
NEW
SECTION. Sec. 2. (1)
Each international matchmaking organization doing business in Washington state
shall disseminate to a recruit, upon request, state background check
information and marital history information relating to any Washington state
resident about whom any information is provided to the recruit, in the
recruit's native language. The organization shall notify all recruits that
background check and marital history information is available upon request.
The notice that background check and marital history information is available
upon request shall be in the recruit's native language and shall be displayed
in a manner that separates it from other information, is highly noticeable, and
in lettering not less than one-quarter of an inch high.
(2)
If an international matchmaking organization receives a request for information
from a recruit pursuant to subsection (1) of this section, the organization
shall notify the Washington state resident of the request. Upon receiving
notification, the Washington state resident shall obtain from the state patrol
and provide to the organization the complete transcript of any background check
information provided pursuant to RCW 43.43.760 based on a submission of
fingerprint impressions and provided pursuant to RCW 43.43.838 and shall
provide to the organization his or her marital history information. The
organization shall require the resident to affirm that marital history
information is complete and accurate, and includes any information regarding
marriages, annulments, and dissolutions which occurred in other states or
countries. The organization shall refrain from knowingly providing any further
services to the recruit or the Washington state resident in regards to
facilitating future interaction between the recruit and the Washington state
resident until the organization has obtained the requested information and
provided it to the recruit.
(3)
This section does not apply to a traditional matchmaking organization of a
religious nature that otherwise operates in compliance with the laws of the
countries of the recruits of such organization and the laws of the United
States nor to any organization that does not charge a fee to any party for the
service provided.
(4)
As used in this section:
(a)
"International matchmaking organization" means a corporation,
partnership, business, or other legal entity, whether or not organized under
the laws of the United States or any state, that does business in the United
States and for profit offers to Washington state residents, including aliens
lawfully admitted for permanent residence and residing in Washington state,
dating, matrimonial, or social referral services involving citizens of a
foreign country or countries who are not residing in the United States, by: (i)
An exchange of names, telephone numbers, addresses, or statistics; (ii)
selection of photographs; or (iii) a social environment provided by the
organization in a country other than the United States.
(b)
"Marital history information" means a declaration of the person's
current marital status, the number of times the person has previously been
married, and whether any previous marriages occurred as a result of receiving
services from an international matchmaking organization.
(c)
"Recruit" means a noncitizen, nonresident person, recruited by an
international matchmaking organization for the purpose of providing dating,
matrimonial, or social referral services.
NEW
SECTION. Sec. 3. For
purposes of establishing personal jurisdiction under this act, an international
matchmaking organization is deemed to be doing business in Washington and
therefore subject to specific jurisdiction if it contracts for matchmaking
services with a Washington resident or if it is considered to be doing business
under any other provision or rule of law.
NEW
SECTION. Sec. 4. The
legislature finds that the practices covered by this chapter are matters
vitally affecting the public interest for the purpose of applying the consumer
protection act, chapter 19.86 RCW. A violation of this chapter is not
reasonable in relation to the development and preservation of business and is
an unfair or deceptive act in trade or commerce and an unfair method of
competition for the purpose of applying the consumer protection act, chapter
19.86 RCW.
Sec.
5. RCW
43.43.760 and 2001 c 217 s 3 are each amended to read as follows:
(1)
Whenever a resident of this state appears before any law enforcement agency and
requests an impression of his or her fingerprints to be made, such agency may
comply with his or her request and make the required copies of the impressions
on forms marked "Personal Identification". The required copies shall
be forwarded to the section and marked "for personal identification
only".
The
section shall accept and file such fingerprints submitted voluntarily by such
resident, for the purpose of securing a more certain and easy identification in
case of death, injury, loss of memory, or other similar circumstances. Upon
the request of such person, the section shall return his or her identification
data.
(2)
Whenever a person claiming to be a victim of identity theft appears before any
law enforcement agency and requests an impression of his or her fingerprints to
be made, such agency may comply with this request and make the required copies
of the impressions on forms marked "Personal Identification." The
required copies shall be forwarded to the section and marked "for personal
identification only."
The
section shall accept and file such fingerprints submitted by such resident, for
the purpose of securing a more certain and easy identification in cases of identity
theft. The section shall provide a statement showing that the victim's
impression of fingerprints has been accepted and filed with the section.
The
statement provided to the victim shall state clearly in twelve-point print:
"The
person holding this statement has claimed to be a victim of identity theft.
Pursuant to chapter 9.35 RCW, a business is required by law to provide this
victim with copies of all relevant application and transaction information
related to the transaction being alleged as a potential or actual identity
theft. A business must provide this information once the victim makes a
request in writing, shows this statement, any government issued photo
identification card, and a copy of a police report."
Upon
the request of such person, the section shall return his or her identification
data.
(3)
Whenever any person is an applicant for appointment to any position or is an
applicant for employment or is an applicant for a license to be issued by any
governmental agency, and the law or a regulation of such governmental agency
requires that the applicant be of good moral character or not have been
convicted of a crime, or is an applicant for appointment to or employment with
a criminal justice agency, or the department, or is an applicant for the
services of an international matchmaking organization, the applicant may
request any law enforcement agency to make an impression of his or her
fingerprints to be submitted to the section. The law enforcement agency may
comply with such request and make copies of the impressions on forms marked
"applicant", and submit such copies to the section.
The
section shall accept such fingerprints and shall cause its files to be examined
and shall promptly send to the appointing authority, employer, ((or))
licensing authority, or international matchmaking organization indicated
on the form of application, a transcript of the record of previous crimes
committed by the person described on the data submitted, or a transcript of the
dependency record information regarding the person described on the data
submitted, or if there is no record of his or her commission of any crimes, or
if there is no dependency record information, a statement to that effect.
(4)
The Washington state patrol shall charge fees for processing of noncriminal
justice system requests for criminal history record information pursuant to
this section which will cover, as nearly as practicable, the direct and
indirect costs to the patrol of processing such requests.
Any
law enforcement agency may charge a fee not to exceed five dollars for the
purpose of taking fingerprint impressions or searching its files of
identification for noncriminal purposes.
NEW
SECTION. Sec. 6.
Sections 1 through 4 of this act constitute a new chapter in Title 19 RCW.
NEW
SECTION. Sec. 7. This
act takes effect September 1, 2002.
