SB 5028 — Revising the process for individuals to request name changes.

S-0636.3S-0013.3 SUBSTITUTE SENATE BILL 5028 State of Washington 68th Legislature 2023 Regular Session By Senate Law & Justice (originally sponsored by Senators Pedersen, Wagoner, Dhingra, Frame, Hunt, Keiser, Kuderer, Liias, Nobles, Randall, Saldaña, Shewmake, Stanford, Wellman, and C.

Wilson)Wilson READPrefiled FIRST12/07/22. TIME 01/20/23.

Read first time 01/09/23.

Referred to Committee on Law & Justice.

1 SSBSB 5028 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.

(4) The((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.

Upon affidavit by the person seeking the name change or a qualified legal service provider that the person is unable to pay the fees due to financial hardship, the court shall waive all fees for filing and recording a name change order and direct the county auditor or recording officer to process the name change order at no expense to the person.

For(5))) purposes(a) ofName thischange subsection,petitions "qualifiedmay legalbe servicefiled provider"and meansshall abe not-for-profitheard legal services organization in Washingtonany statesuperior whosecourt primary((when purposethe)) isin tothe providestate: legal services to low-income clients.

(5)(a)(i) NameWhen a person for whom a name change petitionsis maysought beis filedsubject andto shallproceedings beunder heardTitle 13 or 74 RCW in anywhich superiorthe court ((whenhas the))exercised inexclusive jurisdiction over the state:person;

(i)(ii) When a person desiring a change of the person's name ((or that of the person's child or ward is a victim of domestic violence as defined in RCW 7.105.010 and the person seeks to have the name change file sealed due to reasonable fear for the person's safety or that of the person's child or ward)):

or (ii)(iii) If the reason for the person's name change, or the name change of the person's child or of an individual subject to guardianship for whom the person has been appointed as guardian, is:

p.(A) Related to gender expression or identity as defined in RCW 49.60.040;

2 SSB 5028 (A) Related to gender expression or identityp. as defined in RCW 49.60.040;

or2 SB 5028 (B) Due to an experience of or reasonable fear of domestic violence, stalking, unlawful harassment, or coercive control as those terms are defined in RCW 7.105.010.

(b) WhenUpon agranting personthe forname whomchange, athe namesuperior changecourt isshall, soughtupon isrequest, aseal childthe namedfile in((if athe proceedingcourt underfinds Titlethat 13the orsafety 74of RCWthe inperson whichseeking the courtname haschange exercisedor original,the exclusiveperson's jurisdiction,child theor juvenileward courtwarrants hassealing jurisdictionthe file)) to eitherprotect adjudicatethe aperson's nameprivacy changeor petitionthat orof grantthe concurrentperson's jurisdictionchild toor anotherof courtan individual subject to hearguardianship for whom the petition.person has been appointed as guardian.

(c)In Uponall grantingcases thefiled nameunder change,this thesubsection superior(4), courtwhether shallor sealnot the file ((if the court finds that the safety of the person seeking the name change orpetition theis person'sgranted, childthere orshall wardbe warrantsno sealingpublic theaccess file)) to protectany thecourt person'srecord privacy or that of the person'sname childchange filing, proceeding, or oforder, anunless individualthe subjectname tochange guardianshipis forgranted whombut the personfile hasis beennot appointedsealed. as guardian.

InA allsealed cases filed under this subsection (5), whether or not the name change petitionfile is granted, there shall thereafter be noopen public access to anyinspection courtupon recordrequest ofby the nameperson changewhose filing, proceeding, or order, unless the name change ispetition was granted butor theto filethat isperson's notguardian sealed.or representative.

The(c) nameThis changesubsection file(4) shalldoes not thereafterapply beto opena person who is subject to inspectionthe except:requirements of subsection (2) or (3) of this section.

(i)(5) UponAny ordercourt ofto which an application for name change is made shall collect the courtfees authorized by RCW 36.18.010 for goodfiling causeand shown;recording a name change order, and transmit the fee and the order to the county auditor.

orThe (ii)court uponmay thecollect requesta ofreasonable thefee personto whosecover namethe changecost wasof grantedtransmitting or the person'sorder guardianto orthe representative.county auditor.

(d)Upon Thisaffidavit subsectionby (5)either doesthe notperson applyseeking tothe name change or a personqualified wholegal service provider that the person is subjectunable to pay the requirementsfees ofdue subsectionto (2)financial hardship, the court shall waive all fees for filing, transmitting, and recording a name change order and direct the county auditor or (3)recording ofofficer thisto section.process the name change order at no expense to the person.

The court may not waive the fees if the person has received victim compensation for name change fees.

For purposes of this subsection, "qualified legal service provider" means a not- for-profit legal services organization in Washington state whose primary purpose is to provide legal services to low-income clients.

3 SSBSB 5028