In this subtitle the following words have the meanings indicated. “Basic rights information” means information applicable to a noncitizen, including information about human rights, immigration, and emergency assistance and resources. “Client” means an individual who is a citizen or resident of the United States and the State of Maryland and who uses the services of an international marriage broker to meet recruits. “Criminal history record information” means criminal history record information as described in § 10–201 of the Criminal Procedure Article. “International marriage broker” means a corporation, partnership, sole proprietorship, or other legal entity that does business in the United States and offers to Maryland residents dating, matrimonial, or social referral services involving recruits by: exchanging names, telephone numbers, addresses, photographs, or statistics or otherwise facilitating communication between a client and a recruit; or providing a social environment for introducing clients to recruits in person. “International marriage broker” does not include: a traditional marriage broker that operates on a nonprofit basis and otherwise operates in compliance with the laws of the countries in which it operates, including the laws of the United States; or an entity that provides dating services if its principal business is not to provide international dating services between Maryland residents and foreign nationals and it charges comparable rates and offers comparable services to all individuals it serves regardless of the individual’s gender or country of citizenship. “Marital history information” means a declaration of an individual’s current marital status, the number of times the individual has been married, the number of domestic violence protective orders issued against the individual, and whether any previous marriage occurred as a result of receiving services from an international marriage broker. “Recruit” means an individual who is not a citizen or resident of the United States and who uses the services of or is recruited by an international marriage broker for dating, matrimonial, or social referral services.

An international marriage broker shall provide each recruit with criminal history record information and marital history information of its client and basic human rights information before personal contact information about a recruit is given to the client. The human rights information provided under paragraph (1) of this subsection may be prepared by an organization that is not affiliated with the international marriage broker. The information required in subsection (a) of this section must be: in the recruit’s native language; and displayed in a manner that: separates the criminal history record information, the marital history information, and the basic rights information from any other information; and is highly noticeable. The international marriage broker shall pay the costs incurred to translate the information.

In accordance with federal law, a client shall: provide the client’s own marital history information to the international marriage broker; and notify the international marriage broker if the client has previously sponsored an international spouse. The international marriage broker shall require the client to affirm that the marital history information is complete and accurate and includes information regarding marriages, annulments, dissolutions, and the number of domestic violence protective orders issued against the client that occurred in this State, in another state, or in a foreign country. The international marriage broker may not provide any personal contact information to the client or the recruit, including the last name, phone number, address, or electronic mail address of the client or the recruit, until the international marriage broker has: received the information from the criminal history records check required under § 19–604 of this subtitle; received the requested marital history information; and provided the information to the recruit. Information obtained by the international marriage broker under this section shall be confidential and may not be used for any purpose other than that for which it was disseminated.

Prior to the release of any personal contact information to the client or the recruit, the international marriage broker shall conduct a State and national criminal history records check of the client, including a search of the sex offender registry.

An international marriage broker may disclose personal contact information on a recruit only after obtaining consent from the recruit, written in the recruit’s native language.

An international marriage broker shall be deemed to be doing business in the State if it contracts for services with a Maryland resident or is considered to be doing business under other laws of the State.

A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $12,000 or imprisonment not exceeding 1 year or both, in addition to any penalty imposed under federal law. In determining the penalty, the court shall consider: any previous violations of this subtitle by the international marriage broker; the seriousness of the violation, including the nature, circumstances, and extent of the violation; the demonstrated good faith of the international marriage broker; and the necessity of deterring future violations.