An Act To Implement the Recommendations of the Commission To Create a Plan To Incorporate the Probate Courts into the Judicial Branch
Maine Legislature, Session 130, LD 1950
Committee Amendment CA_A_H1019 (House)
Amends: 18-C MRSA §1, 5 MRSA §1591

COMJ'vfITTEEAMENDMENT'tf "toH.P.1453,L.D.1950, "AnActToimplement 
the Recommendations of the Commission To Create a Plan To Incorporate the Probate 
• 
Courts into the Judicial Branch" 
Amend the bill by striking out all of the emergency preamble. 
Amend the bill in Part B in section 41 in paragraph B in the in the last blocked 
paragraph in the last line (page 15, line 32 in L.D.) by inserting after the following: "2025;" 
the following: 'or' 
Amend the bill in Part C in section 29 inc. 39 in § 1902 in subsection 2 in paragraph B 
in the first line (page 25, line 17 in L.D.) by inserting after the following: "training" the 
following: 'including training on financial exploitation, domestic abuse and violence' 
Amend the bill in Part C in section 29 inc. 39 in § 1902 in subsection 3 in the first line 
(page 25, line 19 in L.D.) by inserting after the following: "requirements" the following: 
'including no less than 2 hours of training annually on financial exploitation, domestic 
abuse and violence' 
Amend the bill in Part C in section 43 in paragraph A by striking out all of the 2nd 
blocked paragraph (page 31, lines 3 to 5 in L.D.). 
Amend the bill in Part D by inserting after section 4 the following: 
'Sec. D-5. 18-C MRSA §1-305, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by PL 2019, c. 417, Pt. B, §14, is amended to read: 
§1-305. Records and certified copies; judicial supervision 
The register shall maintain records and files and provide copies of documents as 
provided in sections 1-501 to 1-511 and further records and copies as the Supreme Judicial 
Court may by rule provide. The register is subject to the supervision and authority of the 
judge of the eoart assigned by the Chief Judge of the Probate Court under Title 4, section 
413, subsection 2 as the primary Probate Comt Judge in the region in which the register 
serves.' 
COMMITTEE AMENDMENT 
ROFS 
COMMITTEE AMENDMENT" ~o H.P. 1453, L.D. 1950 
Amend the bill in Part D by inserting after section 5 the following: 
'Sec. D-6. 18-C MRSA §1-506, 2nd 1, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by PL 2019, c. 417, Pt. B, §14, is amended to read: 
In the case of an absence of the register in a county where a deputy register has not 
been appointed or in the case of a vacancy in the office of register due to death, resignation 
or any other cause, the judge assigned by the Chief Judge of the Probate Court under Title 
4, section 413, subsection 2 as the prima1y Probate Court Judge in the region shall appoint 
a suitable person to act as register pro tempore until the register resumes the duties of office 
or another person is qualified as register. A register pro tempore must be swom and, if the 
judge requires it, shall give bond as in the case of the register. 
Sec. D-7. 18-C MRSA §1-507, as enacted by PL 2017, c. 402, Pt. A, §2 and affected 
by PL 2019, c. 417, Pt. B, § 14, is amended to read: 
§1-507. Inspection of register's conduct of office 
A The judge assigned by the Chief Judge of the Probate Court under Title 4, section 
413, subsection 2 as the primary Probate Court Judge in the region shall constantly inspect 
the conduct of the register with respect to the register's records and duties and give 
information in writing of any breach of the register's bond to the treasurer of the county, 
who shall bring a civil action. Any funds recovered in the civil action must be applied 
toward the expenses of completing the records of the register under the direction of the 
judge and the surplus, if any, must inure to the county. If the funds are insufficient, the 
treasurer may recover the deficiency from the register in a civil action.' 
Amend the bill by inse1ting after Pait D the following: 
'PARTE 
Sec. E-1. 5 MRSA §1591, sub-§3, as enacted by PL 2009, c. 213, Pt. QQ, §3, is 
amended to read: 
3. Judicial branch. The judicial branch must apply: 
A. Any balance remaining in the debt service program of the judicial branch at the end 
of any fiscal year to be carried forward for use by the judicial branch in the next fiscal 
year.,-; and 
B. Any balance remaining in the Comts - Probate program, General Fund account at 
the end of any fiscal year to be carried forward for use by this program in the next fiscal 
year. 
Sec. E-2. Appropriations and allocations. The following appropriations and 
allocations are made. 
INDIGENT LEGAL SERVICES, MAINE COMMISSION ON 
Maine Commission on Indigent Legal Services Z112 
Initiative: Appropriates funds for the costs beginning January 1, 2023, of counsel to be 
provided for probate court cases for indigent parties entitled to court-appointed counsel 
under the Maine Revised Statutes, Title 18-C. 
GENERAL FUND 
Personal Services 
2021-22 
$0 
COMMITTEE AMENDMENT 
2022-23 
$1,062,500 
ROFS 
COMMITTEE AMENDMENT" fr, to H.P. 1453, L.D. 1950 
GENERAL FUND TOTAL 
INDIGENT LEGAL SERVICES, MAINE 
COMMISSION ON 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
JUDICIAL DEPARTMENT 
Courts - Probate N955 
$0 
2021-22 
$0 
$0 
$1,062,500 
2022-23 
$1,062,500 
$1,062,500 
Initiative: Establishes one Chief Judge position, 8 Judge positions, 9 Deputy Marshal 
positions, 2 Law Clerk positions, 2 Judicial Administrative Assistant positions, one 
Information Technology Field Technician position, one Facility Engineer position, one 
Process Planning Manager position and one Help Desk Technician position and provides 
funding for related All Other costs. Also includes funding for Judicial Department 
professional services provided in probate court cases including guardian ad litem, visitor, 
interpreter, court reporter and mediator services. Also includes funding for Judicial 
Department probate court facility costs, general operations, technology costs and supplies. 
GENERAL FUND 
2021-22 
2022-23 
POSITIONS - LEGISLATIVE COUNT 
0.000 
26.000 
Personal Services 
$0 
$1,474,366 
All Other 
$0 
$1,299,906 
GENERAL FUND TOTAL 
$0 
$2,774,272 
JUDICIAL DEPARTMENT 
DEPARTMENT TOTALS 
2021-22 
2022-23 
GENERAL FUND 
$0 
$2,774,272 
DEPARTMENT TOTAL-ALL FUNDS 
$0 
$2,774,272 
SECTION TOTALS 
2021-22 
2022-23 
GENERAL FUND 
$0 
$3,836,772 
SECTION TOTAL - ALL FUNDS 
$0 
$3,836,772 
Amend the bill by striking out all of the emergency clause. 
COMMITTEE AMENDMENT 
ROFS 
COMMITTEE AMENDMENT "~~.P. 1453, L.D. 1950 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the majority rep01t of the committee, adds appropriations 
and allocations sections and makes the following changes to the bill: 
1. It makes a minor technical correction to the bill; 
2. It requires court-appointed visitors to receive training on financial exploitation, 
domestic abuse and violence; 
3. It removes a redundant provision of the bill requiring the Maine Commission on 
Indigent Legal Services to pay the fees of an attorney appointed to represent the minor 
adoptee or a party in a proceeding to annul an adoption decree; 
4. It specifies that, beginning January 1, 2025, the Probate Court Judge assigned by the 
Chief Judge of the Probate Court to serve as the primary Probate Court Judge in the region 
must oversee the duties of the register of probate in the counties within that region; and 
5. It removes the emergency preamble and emergency clause. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 04/07/22 ::tPae.. 
LD 1950 
LR2578(02) 
An Act To Implement the Recommendations of the Commission To Create a Plan To Incorporate the 
Probate Courts into the Judicial Branch 
Fiscal Note for Bill as Amended by Committee Amendment {f, if/---! DI q) 
Committee: Judiciary 
Net Cost (Savings) 
General Fund 
t1propriations/ Allocations 
General Fund 
Legislative Cost/Study 
Fiscal Note Required: Yes 
Fiscal Note 
Legislative Cost/Study 
FY 2021-22 
FY2022-23 
$0 
$3,836,772 
$0 
$3,836,772 
Projections 
FY2023-24 
$7,361,601 
$7,361,601 
Projections 
FY2024-25 
$7,473,409 
$7,473,409 
The general operating expenses of the Cmmnission to Evaluate the Incorporation of the Probate Court into the Judicial 
Branch are estimated to be $1,250 in fiscal year 2026-27 and $2,500 in fiscal year 2026-27. The additional costs of 
providing staffing assistance to the study during the interim can be absorbed utilizing existing budgeted staff 
resources. 
Fiscal Detail and Notes 
The bill includes a General Fund appropriation of $2,774,272 beginning in fiscal year 2022-23 to the newly 
established Court - Probate program within the Judicial Department to establish one Chief Judge position, 8 Judge 
positions, 9 Deputy Marshal positions, 2 Law Clerk positions, 2 Judicial Administrative Assistant positions, one 
Information Technology Field Technician position, one Facility Engineer position, one Process Planning Manager 
position and one Help Desk Technician position and provides funding for related All Other costs. This appropriation 
also includes funding for Judicial Department professional services provided in probate court cases including guardian 
ad litem, visitor, interpreter, court reporter and mediator services and for funding for Judicial Department probate 
court facility costs, general operations, technology costs and supplies. These estimates largely assume six months of 
costs and services in fiscal year 2022-23 based on a January 1, 2023 effective date. 
The bill also includes a General Fund appropriation of $1,062,500 beginning in fiscal year 2022-23 to the Maine 
Commission on Indigent Legal Services for the costs beginning January 1, 2023 of counsel for probate court cases to 
be provided for indigent parties entitled to court-appointed counsel under Title 18-C of the Maine Revised Statutes. 
LR2578(02) - Fiscal Note - Page 1 of 1