HF 1200

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; authorizing the court to
conduct a search if a person applies for a name
change; amending Minnesota Statutes 2004, section
259.11.

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

Section 1.

Minnesota Statutes 2004, section 259.11, is
amended to read:

259.11 ORDER; FILING COPIES.

(a) Upon meeting the requirements of section 259.10, the
court shall grant the application unless: (1) it finds that
there is an intent to defraud or mislead; (2) section 259.13
prohibits granting the name change; or (3) in the case of the
change of a minor child's name, the court finds that such name
change is not in the best interests of the child. The court
shall set forth in the order the name and age of the applicant's
spouse and each child of the applicant, if any, and shall state
a description of the lands, if any, in which the applicant and
the spouse and children, if any, claim to have an interest. The
court administrator shall file such order, and record the same
in the judgment book. If lands be described therein, a
certified copy of the order shall be filed for record, by the
applicant, with the county recorder of each county wherein any
of the same are situated. Before doing so the court
administrator shall present the same to the county auditor who
shall enter the change of name in the auditor's official records
and note upon the instrument, over an official signature, the
words "change of name recorded." Any such order shall not be
filed, nor any certified copy thereof be issued, until the
applicant shall have paid to the county recorder and court
administrator the fee required by law. No application shall be
denied on the basis of the marital status of the applicant.

(b) When a person applies for a name change, the court
shall determine whether the person has been convicted of a
felony in this or any other state. new text begin The court may conduct a
search of national records through the FBI by submitting a set
of fingerprints and the appropriate fee to the Bureau of
Criminal Apprehension. new text end If deleted text begin so deleted text end new text begin it is determined that the person
has been convicted of a felony in this or any other state new text end , the
court shall, within ten days after the name change application
is granted, report the name change to the Bureau of Criminal
Apprehension. The person whose name is changed shall also
report the change to the Bureau of Criminal Apprehension within
ten days. The court granting the name change application must
explain this reporting duty in its order. Any person required
to report the person's name change to the Bureau of Criminal
Apprehension who fails to report the name change as required
under this paragraph is guilty of a gross misdemeanor.