Text: HF02232                           Text: HF02234
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Bills and Amendments: General Index     Bill History: General Index



House File 2233

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 22.7, Code Supplement 1997, is amended
  1  2 by adding the following new subsection:
  1  3    NEW SUBSECTION.  38.  Sealed decrees and orders issued
  1  4 pursuant to section 674.15.  In addition, notwithstanding any
  1  5 other provision of law to the contrary, all public files in
  1  6 the possession of any state department or agency, or of any
  1  7 political subdivision, relating to the person's previous name,
  1  8 shall be deemed confidential, and no notation of the person's
  1  9 previous name may appear on public documents containing the
  1 10 new name of the person, as ordered by the court.
  1 11    Sec. 2.  NEW SECTION.  674.15  PROCEDURES IN RELATION TO
  1 12 SEALED DECREES.
  1 13    1.  Notwithstanding any provision of this chapter to the
  1 14 contrary, if the court decides to seal a decree of change of
  1 15 name issued in accordance with this chapter, the only
  1 16 documents sent by the clerk of the court regarding the change
  1 17 of name shall be orders and notices issued under this
  1 18 subsection.  Such documents and the envelopes conveying them
  1 19 shall be appropriately marked as confidential.
  1 20    2.  In any action under this chapter in which the court has
  1 21 ordered the decree sealed, the court shall make any order
  1 22 which justice requires to protect the petitioner from
  1 23 annoyance, embarrassment, or oppression in relation to
  1 24 changing the petitioner's name in public records, including
  1 25 but not limited to the following:
  1 26    a.  Notwithstanding any provision of this chapter or
  1 27 chapter 144 to the contrary, the court shall order the state
  1 28 registrar of vital statistics to issue a new birth certificate
  1 29 to the petitioner indicating only the petitioner's new name,
  1 30 that no notation of the petitioner's former name appear on the
  1 31 new birth certificate or other public documents, that the new
  1 32 birth certificate not be stamped "amended", and that the
  1 33 change in name, the order, and the public file and documents
  1 34 relating to the petitioner's former name be treated as
  1 35 confidential pursuant to section 22.7.  The clerk of court
  2  1 shall convey the order to the state registrar of vital
  2  2 statistics.  If the petitioner was born in a state other than
  2  3 Iowa, the state registrar of vital statistics shall also
  2  4 forward a copy of the order and the new birth certificate to
  2  5 the appropriate registration authority in the state of birth.
  2  6    b.  Notwithstanding any provision of this chapter to the
  2  7 contrary, the court shall order the county recorder in each
  2  8 county where the petitioner owns real property to change the
  2  9 name on any deed for the property to reflect the petitioner's
  2 10 new name; to index the property listed in the decree only
  2 11 under the new name; to treat the change of name, the order,
  2 12 and the public files and documents relating to the
  2 13 petitioner's former name as confidential pursuant to section
  2 14 22.7; and to make no notation of the petitioner's former name
  2 15 on the new deed or other public documents containing the
  2 16 petitioner's new name.  The clerk of court shall convey the
  2 17 order to the appropriate county recorders.
  2 18    c.  The court shall order that the county treasurer in each
  2 19 county where the petitioner has vehicles registered,
  2 20 notwithstanding any provision of law to the contrary, be
  2 21 ordered to change the registration to reflect only the
  2 22 petitioner's new name, to treat the change of name, the order,
  2 23 and the public files and documents relating to the
  2 24 petitioner's former name as confidential pursuant to section
  2 25 22.7, and to make no notation of the petitioner's former name
  2 26 on the new registration or other public document containing
  2 27 the petitioner's new name.  The clerk of court shall convey
  2 28 the order to the appropriate county treasurers.
  2 29    d.  The court shall order the state department of
  2 30 transportation, notwithstanding any provision of law to the
  2 31 contrary, to change all records pertaining to the petitioner
  2 32 to reflect only the petitioner's new name; to issue a motor
  2 33 vehicle license or nonoperator identification card reflecting
  2 34 the petitioner's new name and new characteristics, if
  2 35 applicable; to treat the change of name, the order, and the
  3  1 public files and documents relating to the petitioner's former
  3  2 name as confidential pursuant to section 22.7; and to make no
  3  3 notation of the petitioner's former name on the license or
  3  4 identification card or other public document containing the
  3  5 petitioner's new name.  The clerk of court shall convey the
  3  6 order to the state department of transportation.
  3  7    e.  If the petitioner possesses any professional license
  3  8 regulated by the state or any political subdivision of the
  3  9 state, the court shall order the appropriate licensing entity
  3 10 or entities, notwithstanding any provision of law to the
  3 11 contrary, to change all records to reflect only the
  3 12 petitioner's new name, to issue a license reflecting only the
  3 13 petitioner's new name, to treat the order and public files and
  3 14 documents relating to the petitioner's former name as
  3 15 confidential pursuant to section 22.7, and to make no notation
  3 16 of the petitioner's former name on the new license or other
  3 17 public document containing the petitioner's new name.  The
  3 18 clerk of court shall convey the order to the appropriate
  3 19 entity.
  3 20    f.  The court shall order the state registrar of voters and
  3 21 the commissioner of registration in the county of the
  3 22 petitioner's residence to change all records pertaining to the
  3 23 petitioner to reflect only the petitioner's new name; to issue
  3 24 a new voter registration card reflecting the petitioner's new
  3 25 name and new characteristics, if applicable; to treat the
  3 26 change of name, the order, and the public files and documents
  3 27 relating to the petitioner's former name as confidential
  3 28 pursuant to section 22.7; and to make no notation of the
  3 29 petitioner's former name on the voter registration card or
  3 30 other public document containing the petitioner's new name.
  3 31 The clerk of court shall convey the order to the state
  3 32 registrar of voters, who shall work in cooperation with the
  3 33 appropriate commissioner of registration to implement the
  3 34 order.
  3 35    3.  The court shall issue a notice to the United States
  4  1 social security administration and other federal agencies, as
  4  2 appropriate, informing the agency of the petitioner's new name
  4  3 and requesting that the agency change all records pertaining
  4  4 to the petitioner to reflect only the petitioner's new name;
  4  5 that the agency issue a new social security card reflecting
  4  6 only the petitioner's new name, that the agency treat the
  4  7 change of name as confidential; and that the agency make the
  4  8 notice and other public documents relating to the petitioner's
  4  9 former name inaccessible to the public or to law enforcement
  4 10 agencies.  The clerk of court shall convey the notice to the
  4 11 United States social security administration or other
  4 12 appropriate agency.
  4 13    4.  The court shall issue a notice that the petitioner may
  4 14 send to any creditor of the petitioner, informing the creditor
  4 15 of the petitioner's new name, and requesting that the creditor
  4 16 change all records pertaining to the petitioner to reflect
  4 17 only the petitioner's new name; that the creditor treat the
  4 18 change of name as confidential; and that the creditor make the
  4 19 notice and other public documents containing the petitioner's
  4 20 former name inaccessible to the public.  The clerk of court
  4 21 shall provide the petitioner with a copy of the notice.  The
  4 22 petitioner may convey a copy of the notice to any creditor, as
  4 23 necessary.
  4 24    5.  The supreme court shall develop a notification
  4 25 procedure for orders and notices issued in accordance with
  4 26 this section that conveys the least information necessary to
  4 27 accomplish a change in the appropriate records.  The supreme
  4 28 court and state agencies and departments shall develop such
  4 29 practices and procedures as are necessary to protect the
  4 30 privacy of a petitioner under this section, and to prevent
  4 31 information related to the change of name from becoming
  4 32 public, while ensuring that a confidential record or sealed
  4 33 change of name decree shall not be used to perpetrate a crime
  4 34 or fraud, or enable the perpetration of a crime or fraud.  In
  4 35 this regard, in any case under this chapter if the court is
  5  1 requested to seal the file, the court shall request
  5  2 appropriate proof of identity and conduct an appropriate
  5  3 criminal background check on the petitioner, in addition to
  5  4 other actions deemed prudent by the court, prior to sealing
  5  5 any such file or decree.
  5  6    6.  a.  Any order issued in accordance with subsection 2
  5  7 shall be applicable in full to any person reading its
  5  8 contents, including the director of a department or agency, as
  5  9 well as any employee, independent contractor, volunteer, or
  5 10 other agent of the department or agency.  The order shall
  5 11 state the terms of its applicability, as well as the liability
  5 12 for damages provided for in paragraph "b".
  5 13    b.  Any person maliciously violating a court order issued
  5 14 in accordance with subsection 2 shall be liable to the
  5 15 petitioner for damages.  A person who reveals information
  5 16 ordered to be treated as "confidential" pursuant to subsection
  5 17 2 is deemed to have acted with malice.
  5 18    c.  The party whose name was changed shall also have the
  5 19 right to seek injunctive relief or other appropriate remedy
  5 20 under law to enforce an order under subsection 2, or to
  5 21 otherwise effectuate the intent of this section.
  5 22    7.  In the event that a petition is filed seeking access to
  5 23 the sealed records of the court regarding a change of name,
  5 24 the party whose name was changed shall be notified and
  5 25 presented an appropriate opportunity to object, including the
  5 26 opportunity to file a confidential written objection with the
  5 27 court.
  5 28    8.  The court shall maintain continuing jurisdiction over a
  5 29 case involving a sealed decree in order to issue orders and
  5 30 notices as appropriate under this section.  
  5 31                           EXPLANATION
  5 32    This bill adds new Code section 674.15, setting forth
  5 33 procedures for the court to follow in an action for a name
  5 34 change in which the petitioner requests that the file or
  5 35 decree be sealed.
  6  1    A sealed decree is listed as a "confidential" public record
  6  2 under Code section 22.7.  The court is required to issue any
  6  3 order to protect the petitioner from annoyance, embarrassment,
  6  4 or oppression in connection with a name change under Code
  6  5 chapter 674, including but not limited to issuing appropriate
  6  6 orders for the petitioner's name change to the Iowa department
  6  7 of public health regarding a new birth certificate, to the
  6  8 appropriate county recorders regarding real property, to the
  6  9 appropriate county treasurers regarding vehicle registration,
  6 10 to the state department of transportation regarding the
  6 11 petitioner's motor vehicle license and driving records, to any
  6 12 appropriate entity regarding professional licenses held by the
  6 13 petitioner, and to the state registrar of voters and
  6 14 commissioner of registration regarding voter registration.
  6 15 Notices must be sent to the social security administration and
  6 16 other appropriate federal agencies, and the court must also
  6 17 prepare a notice that the petitioner can send to the
  6 18 petitioner's creditors.
  6 19    The supreme court is required to develop a notification
  6 20 procedure that reveals the least amount of information
  6 21 possible to result in a change in the appropriate records.
  6 22 The supreme court and state agencies are directed to develop
  6 23 practices and procedures that respect the petitioner's
  6 24 privacy, while also ensuring that the sealed file is not used
  6 25 to perpetrate a crime or fraud, including requiring proof of
  6 26 the petitioner's identification and a criminal background
  6 27 check.
  6 28    A violation of a court order of confidentiality committed
  6 29 with actual malice is subject to liability for damages.  The
  6 30 petitioner may also seek injunctive or other relief, as
  6 31 appropriate.  The court is authorized to retain jurisdiction
  6 32 over cases under this chapter with sealed decrees in order to
  6 33 issue orders and notices as necessary.  The requirements of
  6 34 this chapter, including the contents of court orders, take
  6 35 precedence over contrary statutory provisions.
  7  1    If a person seeks to open a sealed file in a name change
  7  2 action, the party whose name was changed shall be notified and
  7  3 given the opportunity to make an argument to the court,
  7  4 including a confidential written argument.  
  7  5 LSB 3220YH 77
  7  6 jls/sc/14
     

Text: HF02232                           Text: HF02234
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Bills and Amendments: General Index     Bill History: General Index

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