Regulatory Control or Discrimination?

HB 805 will amend the requirements for applying for and receiving a name change. As stated in the video, the reason for this legislation is based on an example where a convicted rapist obtained a name change using misrepresentation to have the same nane as his victim and then moved to her neighborhood. Based on our current statutes, this seems to be strange since she states that he was in prison at the time and could not have met the requirements for a name change.  It seems that the only legislation that needs to be amended in this case is to add a penalty for signing a petition of good character.

Instead, our legislators enact more stringent requirements to penalize people who have limited resources. Whether this legislation is another power grab and/or discriminatory as Rep. Hall was trying to assert without much success, we are still waiting for meaningful legislation to be passed concerning the second amendment, the tenth amendment and immigration.

httpv://www.youtube.com/watch?v=lLAR6deffrQ

I highlighted the changes in red in the legislation that are “egregious”. As usual Mrs. Ross provides some levity at the end of the video but her point was dismissed even though valid.

I agree with Chairman Blust, representatives may have to change their names to hide from the public after this legislative session. It is apparent that our politicians have no idea how credit checks are conducted. If our president would have had to follow this process to change his name to Barack Obama from Barry Soetoro, I wonder if our clerks would have validated his current birth certificate.

David DeGerolamo

The current statues that are to be amended:

North Carolina General Statutes 101-3. Contents of petition. The applicant shall state in the application his true name, county of birth, date of birth, the full name of parents as shown on birth certificate, the name he desires to adopt, his reasons for desiring such change, and whether his name has ever before been changed by law, and, if so, the facts with respect thereto.(1891, c. 145; Rev., s. 2147; C.S., s. 2972; 1945, c. 37, s. 1;1957, c. 1233, s. 1.)

North Carolina General Statutes 101-4. Proof of good character to accompany petition. The applicant shall also file with said petition proof of his good character, which proof must be made by at least two citizens of the county who know his standing: Provided, however, proof of good character shall not be required when the application is for the change of name of a child under 16 years of age.(1891, c. 145; Rev., s. 2148; C.S., s. 2973; 1963, c. 206.)

North Carolina General Statutes 101-5. Clerk to order change; certificate and record. If the clerk thinks that good and sufficient reason exists for the change of name, it shall be his duty to issue an order changing the name of the applicant from his true name to the name sought to be adopted. Such order shall contain the true name, the county of birth, the date of birth, the full name of parents as shown on birth certificate, and the name sought to be adopted. He shall issue to the applicant a certificate under his hand and seal of office, stating the change made in the applicant’s name, and shall also record said application and order on the docket of special proceedings in his court. He shall forward the order to the State Registrar of Vital Statistics on a form provided by him. If the applicant was born in North Carolina, the State Registrar shall note the change of name of the individual or individuals specified in the order on the birth certificate of that individual or those individuals and shall notify the register of deeds in the county of birth. If the applicant was born in another state of the United States, the State Registrar shall forward the notice of change of name to the registration office of the state of birth.(1891, c. 145; Rev., ss. 2149, 2150; C.S., s. 2974; 1955, c. 951,s. 4; 1957, c. 1233, s. 2; 1971, c. 444, s. 2.)

HB 805 Additional Name Change Requirements

AN ACT amending the name change statute to include a criminal record check and other requirements before the clerk of superior court may grant or deny a name change application.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 101‑5 reads as rewritten:

“§ 101‑5. Name change application requirements; grounds for clerk to order or deny name change; certificate and record.

(a) A person who desires to change his or her true name may apply to the clerk of superior court of the county where the person resides and must submit all of the following information to the clerk in support of the application for a name change

(1) The applicant’s true name, county of birth, date of birth, the full name of parents as shown on birth certificate, and the name sought to be adopted.

(2) The certified results of an official state and national criminal history record check.

(3) A sworn statement as to the following:

a. That the applicant is a bona fide resident of, and domiciled in, the county where the change of name is sought.

b. Whether or not the applicant has been adjudicated a bankrupt or is subject to a current judgment and, if so, where and when.

c. Whether or not the applicant has outstanding tax or child support obligations.

(b) The clerk shall instruct the petitioner on the process for having fingerprints taken and submitted for the criminal history record check, including providing information on law enforcement agencies or acceptable service providers. The clerk may require the applicant to provide any other information that the clerk determines is reasonably necessary for the fair and complete review of the name change application.

(c) The clerk shall review all the information contained in the application and otherwise available to the clerk to determine whether there is good and sufficient reason to grant or to deny the name change.

(d) If the clerk finds that good and sufficient reasons exist for the change of name, and the applicant has met the requirements of subsection (a) of this section, it is the clerk’s duty to issue an order changing the name of the applicant from that person’s true name to the name sought to be adopted. The order shall contain all of the following:

(1) The true name, the county of birth, the date of birth, the full name of parents as shown on birth certificate, and the name sought to be adopted.

(2) The clerk’s summary of the information reviewed in connection with the application.

The clerk shall issue to the applicant a certificate under the clerk’s hand and seal of office, stating the change made in the applicant’s name, and shall also record the application and order on the docket of special proceedings in his court. The clerk shall forward the order granting the name change to:

(1) The State Registrar of Vital Statistics on a form provided by the Registrar. If the applicant was born in North Carolina, the State Registrar shall note the change of name of the individual or individuals specified in the order on the birth certificate of that individual or those individuals and shall notify the register of deeds in the county of birth. If the applicant was born in another state of the United States, the State Registrar shall forward the notice of change of name to the registration office of the state of birth.

(2) The Division of Criminal Information at the State Bureau of Investigation, which shall update its records to show the name change.

(f) If the clerk finds that good and sufficient reasons exist to deny the applicant’s request for a name change, it is the clerk’s duty not to issue an order changing the name of the applicant from that person’s true name to the name sought to be adopted. The order denying the name change shall state the reasons for the denial. If the applicant desires to appeal the clerk’s decision, the applicant must petition the chief resident superior court judge within 30 days of the date of the order denying the name change to request a reconsideration of the application. The reconsideration decision of the chief resident superior court judge is final and not subject to appeal. An unsuccessful applicant on reconsideration is subject to a waiting period of 12 months from the date the adverse decision of the chief resident superior court judge before the applicant may submit another name change application. A successful applicant on reconsideration shall be granted the name change by the clerk in like manner as presrcibed by subsection (d) of this section.

      
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