SENATE BILL REPORT

                                    SB 6135

          AS REPORTED BY COMMITTEE ON LAW & JUSTICE, JANUARY 30, 1992

Brief Description:  Requiring permanent retention of name change orders.

SPONSORS: Senators Nelson, A. Smith, Erwin and Madsen

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  That Substitute Senate Bill No. 6135 be substituted therefor, and the substitute bill do pass. 

      Signed by Senators Nelson, Chairman; Thorsness, Vice Chairman; Erwin, M. Kreidler, Madsen, Newhouse, Rasmussen, and A. Smith.

Staff:  Dick Armstrong (786‑7460)

Hearing Dates: January 23, 1992; January 30, 1992

BACKGROUND:

In 1991 the Legislature authorized name change petitions to be heard in district court.  Current law requires district court to retain records of its proceedings for ten years.

However, records relating to name change orders need to be established on a permanent basis because such orders may be used indefinitely to establish the legal name of a person.

SUMMARY:

District courts are required to maintain a permanent record of all name change orders.  Such orders may be filed and recorded at the county auditor's office.

EFFECT OF PROPOSED SUBSTITUTE:

The permanent record of the name change order is to be maintained at the county auditor's office.  The district court is to collect the appropriate filing and recording fee, and transmit the order and the fee to the auditor's office.

Appropriation:  none

Revenue:  none

Fiscal Note:  requested January 17, 1992

TESTIMONY FOR:

A permanent record should be kept of name change orders.  This information should not be destroyed because it is needed throughout a person's lifetime.

TESTIMONY AGAINST:  None

TESTIFIED:  Judge Seitz, Judge McBeth, District Court Judges Association