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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Last update: Fri Feb 20 03:42:16 CST 1998