BILL REQ. #:  H-1111.1 

Read first time 02/12/13.   Referred to Committee on Judiciary.

     AN ACT Relating to surname changes; amending RCW 4.24.130; adding a new section to chapter 26.04 RCW; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 26.04 RCW to read as follows:
     After the solemnization of a marriage, either spouse may elect to change his or her surname to: (1) The surname of the other spouse; (2) any former surname of either spouse; (3) a single surname that combines all or a segment of the premarriage surname or any former surname of either spouse; or (4) a combination surname separated by a hyphen as long as each part of the combination surname is the premarriage surname, or any former surname, of either spouse.

Sec. 2   RCW 4.24.130 and 1998 c 220 s 5 are each amended to read as follows:
     (1) Any person desiring a change of his or her name, except for surname changes due to marriage, or that of his or her child or ward, may apply therefor to the district court of the judicial district in which he or she resides, by petition setting forth the reasons for such change; thereupon such court in its discretion may order a change of the name and thenceforth the new name shall be in place of the former.
     (2) An offender under the jurisdiction of the department of corrections who applies to change his or her name under subsection (1) of this section shall submit a copy of the application to the department of corrections not fewer than five days before the entry of an order granting the name change. No offender under the jurisdiction of the department of corrections at the time of application shall be granted an order changing his or her name if the court finds that doing so will interfere with legitimate penological interests, except that no order shall be denied when the name change is requested for religious or legitimate cultural reasons or in recognition of marriage or dissolution of marriage. An offender under the jurisdiction of the department of corrections who receives an order changing his or her name shall submit a copy of the order to the department of corrections within five days of the entry of the order. Violation of this subsection is a misdemeanor.
     (3) A sex offender subject to registration under RCW 9A.44.130 who applies to change his or her name under subsection (1) of this section shall follow the procedures set forth in RCW 9A.44.130(6).
     (4) The district court shall collect the fees authorized by RCW 36.18.010 for filing and recording a name change order, and transmit the fee and the order to the county auditor. The court may collect a reasonable fee to cover the cost of transmitting the order to the county auditor.
     (5) Name change petitions may be filed and shall be heard in superior court when the person desiring a change of his or her name or that of his or her child or ward is a victim of domestic violence as defined in RCW 26.50.010(1) and the person seeks to have the name change file sealed due to reasonable fear for his or her safety or that of his or her child or ward. Upon granting the name change, the superior court shall seal the file if the court finds that the safety of the person seeking the name change or his or her child or ward warrants sealing the file. In all cases filed under this subsection, whether or not the name change petition is granted, there shall be no public access to any court record of the name change filing, proceeding, or order, unless the name change is granted but the file is not sealed.
     (6) Surname changes due to marriage as authorized under section 1 of this act may be completed through the state registrar of vital statistics by presenting a marriage certificate and photo identification. Upon presentation of the marriage certificate and photo identification, the state registrar of vital statistics must issue a stand-alone certified name change certificate that can be utilized to change a surname at state and local government offices. The state registrar of vital statistics must adopt rules to implement this subsection.

NEW SECTION.  Sec. 3   This act takes effect August 1, 2013.