An Act To Provide Additional Background Information to the Probate Court
Maine Legislature, Session 123, LD 0200
Committee Amendment CA_A_H339 (House)

COMMITTEE AMENDMENT ,It" to H.P. 171, L.D. 200, Bill, "An Act To 
Provide Additional Background Information to the Probate Court" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, To Direct the Study of Providing Additional Background 
Information to the Probate Court' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, in order to convene the study established in this resolve in time to report 
in December of this year, this resolve needs to take effect immediately; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Sec. 1. Study convened. Resolved: 
That the Department of Public Safety, 
Bureau of State Police shall convene a working group to examine the accessibility of 
criminal history information to the Probate Court in the consideration of individuals for 
appointment as guardians and conservators under the Maine Revised Statutes, Title I8-A, 
Article 5. The working group must include members representing the judges of probate, 
registers of probate, the State Police, the Department of Public Safety, State Bureau of 
Identification and the Office of the Attorney General. The working group shall review 
existing state and federal laws concerning the sharing of criminal history information 
with probate courts, the purposes for which the information would be used, the limits on 
disclosure of the information and the costs for sharing of the information. The working 
group shall report to the Joint Standing Committee on Judiciary no later than December 
COMMITTEE AMENDMENT 
, 
COMMITTEE AMENDMENT "~,, to H.P. 171, L.D. 200 
15,2007 and shall submit any proposed legislation to the committee. The Joint Standing 
Committee on Judiciary may submit legislation to the Second Regular Session of the 
I23rd Legislature after receiving the report. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
The Probate Court currently does not have access to criminal history record 
information. This amendment replaces the bill with a resolve directing the Department of 
Public Safety, Bureau of State Police to convene a working group to look at providing to 
the Probate Court access to criminal history information that the Probate Court will use in 
determining whether an individual should be appointed as a guardian or a conservator. 
After reviewing the state and federal laws, the working group shall report to the Joint 
Standing Committee on Judiciary no later than December 15,2007. The committee may 
submit legislation after receiving the report. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05115/07 MaC!-
LD200 
LR 1505(02) 
An Act To Provide Additional Background Information to the Probate Court 
Fiscal Note for Bill as Amended by Committee Amendment 'A " 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR 1505(02) - Fiscal Note - Page I of I