Text: HF02232 Text: HF02234 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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