An Act to Require the Probate Court to Report Name Changes to the State Bureau of Identification
Maine Legislature, Session 131, LD 0747
Committee Amendment CA_A_S559 (Senate)
Amends: 18-C MRSA §1, 16 MRSA §704, 16 MRSA §705

COMMITTEE AMENDMENT " (\ " to S.P. 305, L.D. 747, "An Act to Require the
Probate Court to Report Name Changes to the State Bureau of Identification"
Amend the bill by striking out the title and substitutmg the following:
'An Act Regarding the Reporting of Adult Name Changes by the Probate Courts to
the State Bureau of Identification*
Amend the bill by inserting after the title and before the emergency preamble the
following:
Mandate preamble. This measure requires one or more local units of government
to expand or modify activities so as to necessitate additional expenditures from local
revenues but does not provide funding for at least 90% of those expenditures. Pursuant to
the Constitution ofMame, Article IX, Section 21,2/3 of all of the members elected to each
House have determined it necessary to enact this measure; and'
Amend the bill by striking out everything after the enacting clause and before the
emergency clause and inserting the following:
'PART A
Sec. A-l. 18-C MRSA §1-701, as amended by PL 2021,c.559,§§1 to 3, is further
amended to read:
§1-701. Process to change name
1. Petition, request; where filed. This section governs the process to change the
name of a person.
A. A person may petition to change that person's name in the Probate Court in the
0 county where the person resides.
B. A parent or guardian of a minor may petition to change a minor's name in the
Probate Court in the county where the minor resides, unless the District Court has
exclusive jurisdiction pursuant to Title 4, section 152, subsection 5-A, in which case
the petition must be filed in the District Court.
COMMITTEE AMENDMENT
<&• ' /
<^w COMMITTEE AMENDMENT " /\ " to S.P. 305, L.D. 74?f <> -5$'<?
C. A parent or guardian may request to change a minor's name as part of a proceeding
concerning parentage or other parental rights, including actions for divorce, parental
rights and responsibilities, post-judgment motions and any other proceeding involving
parental rights with respect to the minor, in the District Court without filmg a separate
petition if the parent or guardian asserts good cause.
D. A minor may petition for a name change through an emancipation proceeding
without filing a separate petition if the minor asserts good cause.
E. A change of a minor's name may not be ordered pursuant to a protection from abuse
order under Title 19-A, section 4007.
For purposes of this section, "parent" means a person who, with respect to the minor, has
established parentage pursuant to Title 19-A, chapter 6 1 and whose parental rights have not
been terminated.
For purposes of this section, "guardian" means a person appointed by a court to make
decisions with respect to the personal affairs of an individual. "Guardian" includes a
coguardian and a permanency guardian appointed under Title 22, section 403 8-C but does
not include a guardian ad litem.
For purposes of this section, "bureau" means the Department of Public Safety. Bureau of
State Police, State Bureau of Identification.
2. Adult's name change. Upon receipt of a petition filed by an adult under subsection
1, paragraph A, the court may change the name of that adult. The court may not require
public notice before approving the name change. Before approving the name change, the
court shall notify the petitioner that:
A._ The name change order will be public unless the court grants a request by the
petitioner to make the name change order confidential as provided in subsection 3-A;
and
B. An abstract of the name change_order will be transmitted to the bureau unless the
court grants a request bv the petitioner not_to transmit the abstract of the name change
order to the bureau as provided in subsection 3-B. paragraph C.
2-A. Notice and name change; minors. A parent or guardian who has filed a petition
under subsection 1, paragraph B or has requested a name change in a District Court
proceeding under subsection 1, paragraph C shall provide notice pursuant to the applicable
rules of procedure to any other parent, any guardian and any person or agency with legal
custody of the minor; to the guardian ad litem if one is currently appointed; and to the mmor
if the minor is 14 years of age or older. To protect the safety of the minor for whom the
name change is sought, the court may lunit notice required under this subsection if the
parent who has sole parental rights and responsibilities shows by a preponderance of the
evidence that:
A. The minor is a victim of abuse; or
B. The minor or petitioner is currently in reasonable fear of the minor's or petitioner's
safety.
2-B. Evaluation of minor's name change. Upon proof of service of the notice
required under subsection 2-A and after providing an opportunity for those entitled to
notice to respond to the petition:
COMMITTEE AMENDMENT
ip9 . ^ _-
COMMITTEE AMENDMENT " Q. " to S,P. 305, L.D. 747 ( <;-.'
A. The court shall change a minor's name by agreement of all parties, which a party
may indicate by signing a waiver; or
B. In the event that not all parties agree to the name change, the court shall consider
the following factors to assess whether the request or petition is in the best mterest of
the minor:
(1) The minor's expressed preference, if the minor is of sufficient age and maturity
to articulate a basis for preferring a particular name;
(2) If the minor is 14 years of age or older, whether the minor consents or objects
to the name change petition;
(3) The extent to which the minor uses a particular name;
(4) Whether the minor's name is different from any of the minor's siblings and the
degree to which the minor associates and identifies with siblings on any side of the
minor's family;
(5) The difficulties, harassment or embarrassment that the minor may experience
by bearing the current or proposed name; and
(6) Any other factor the court considers relevant to the minor's best interests,
including the factors outlined in Title 19-A, section 1653, subsection 3.
If the court fmds that the name change is in the best interest of the minor by a
preponderance of the evidence, the court shall change the minor's name.
3. Record Name chanee of minor; confidentiality. The court shall make and
preserve a record of a name change of a mmor. The court may make the record of the name
change confidential or not public.
3-A. Name change of adult; confidentiality. The court shall make and preserve a
record of a name change of an adult. Upon request, the courtmayorder that the name
change be confidential if the court finds that, under the circumstances, the adult's interest
in mamtaining the confidentiality of the record outweighs the public interest in the
disclQsyreL ofthe record. In making this determination, the court shall consider the
following factors:
A. Whether the adult is a victkn of abuse;
B. Whether the adult is currently in reasonable fear of the adult's safety;
C. Whether the adult is a program participant in the Address Confidentiality Program
pursuant to Title 5. section 90-B;
D,_The results of the criminal history record check and any other backgrQund checks
ordered under subsection 5. There is a rebuttable presumption that the public interest
5 in the disclosure of the record outweighs the adult's interest m maintamins the
confidentiality of the record if the adult was convicted of murder or a Class A, Class B
or Class C crime within the 10 years immediately preceding the filing offtie petition
8 under subsection 1 . paragraph A or was convicted of a Class D or Class E crime within
the 5 years immediately preceding the filine of the petition; and
E. Any other factor that the court considers relevant.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "^ " to S.P. 305, L.D. 747 f'<-)-5S^
The court may not order that the name change be confidential under this subsection if the
adult is currently under official supervision as a probationer, a parolee or a sex offender on
supervised release or is currently required to register as a sex offender.
3-B. Transmission of adult name change to bureau. This subsection governs
transmission of adult name change orders to the bureau.
A. Exceot as provided injsaragraph C. the court shall electronically transmit to the
bureau an abstract of any name change order of an adult issued on or after January 1.
2025 pursuant to this section. The abstract must include the adult's former name, new
name and date of birth; whether the court ordered that the record of the name change
be confidential under subsection 3-A; and. if known to the court and not otherwise
confidential, the adult's physical address and the number assQciatedwith the adult's
criminal history record information. as defmed in Title 16. section 703, subsection 3 or
other number assigned by the bureau.
BJTitle 16. section 704. subsection 3 and Title 16. section 705. subsection 4 govern
dissemination of criminal _history record information by a Maine criminal justice
agency for an adult whose name has been changed pursuant to an order made
cQnfidentiaLunder subsection 3-A.
C. Uuon request and upon a showmg of extraordinary circumstances, the court may
order that .an abstract of a_jiame change order of an adult made confidential under
subsection 3 -A not be transmitted to the bureau.
4. Filing fee. The fee for filing a name change petition is $75.
5. Background checks. The court ffl^1 shall require a person an adult seeking a name
change to undergo one or more of the following background checks: a criminal history
record checkf. The court may require a minor seeking a name change to undergo a criminal
history record check andmay require any person seeking: a name change to undergo a motor
vehicle record check? or a credit check. The court may require the person to pay the cost
of each background check required.
6. Denial of petition brought for improper purpose. The court may not change the
name of a person if the court has reason to believe that the person is seeking the name
change for purposes of defrauding another person or entity or for purposes otherwise
contrary to the public interest. There is a rebuttable presumption that the name change is
brought for purposes contrary to the public interest if the adult is currently under official
supervision as a probationer. a parolee_or a see offender on supervisedrelease__or is
currently required to register as a sex offender.
PART B
Sec. B-l. 16 MRSA §704, sub-§3 is enacted to read:
3. Public criminal history record information of person whose leeal name has
8 been changed. Except as provided in this subsection. a Maine criminal justice agency may
disseminate public criminal history record information associated with each former and
current legal name of aj?erson wh,Qse nanie_has been changed to any person or public or
private entity for any purpose. If an order changing the person's name was made
confidential under Title J8-C, section 1-701. subsection 3 -A or any other provision of law.,
a Maine criminal justice aeencv:
COMMITTEE AMENDMENT
^
COMMITTEE AMENDMENT " /| " to S.P. 305, L.D. 747 f ^-S^
A, MavjioLdisclose the ^ person's legal name change
to any person or public or private agency that is not authorizedto receive confidential
criminal history record mfonnation^ynd_er_ section 7^^^^
B. In response to a request for public crimmal history record information from any
person or public or private agency that is not authorized to receive confidential criminal
history record infonnation under section 705, may not dissemmate^ oubUc^runmal
history record jnformation about a person that is associated with any legal name of the
person not included within the request.
Sec.B-2. 16 MRSA §705, sub-§4 is enacted to read:
4. Confidential criminal history record information of person whose 1^
has_been chaneed. Regardless of whether the order changing a person's name was made
confidential under Title 18-C, section 1-701, subsection 3-A or any other provision of law,
a Maine criminal justice agency may disseminate confidential criminal histor/ record
information associated with each former and current legal name.of a iserson whose name
has been changed to any person or public or private entity that is authorized to receive
confidential criminal history record information under subsection 1-A.'
Amend the bill by relettermg or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill and changes the title. Part A:
1. Requires that an adult seeking a name change in a probate court undergo a criminal
history record check;
2. Establishes a rebuttable presumption that a probate court may not order a name
change of an adult if the adult is currently under official supervision as a probationer, a
parolee or a sex offender on supervised release or if the adult is currently required to register
as a sex offender;
3. Provides that a probate court may order that the record of the name change of an
adult is confidential if the court finds, after considering all relevant factors, that the adult's
interest m maintaining the confidentiality of the record outweighs the public interest m the
disclosure of the record. It also creates a rebuttable presumption that the public's interest
in disclosure outweighs the adult's interest in maintaining confidentiality if the adult has
been convicted of a Class D or E crune within the 5 years immediately preceding the filing
of the name change request or has been convicted of a more serious crime within the 10
years immediately preceding the filing of the name change request. The probate court may
not order that the record of the name change of an adult is confidential if the adult is
currently under official supervision as a probationer, a parolee or a sex offender on
supervised release or if the adult is currently required to register as a sex offender;
4. Beginning January 1, 2025, requires a probate court to electronically transmit an
9 abstract of any name change order for an adult to the Department of Public Safety, Bureau
of State Police, State Bureau of Identification unless the court orders, upon a showing of
extraordinary circumstances, that an abstract of a name change order of an adult made
confidential by the court not be transmitted to the State Bureau of Identification; and
COMMITTEE AMENDMENT
ip8
COMMITTEE AMENDMENT "/L " to S.P. 305, L.D. 747 I <^'
5. Requires a probate court to inform an adult who seeks a name change of the
opportunity to request the court to order that the record of the name change order be made
confidential and to additionally request that the court not transmit an abstract of a
confidential name change order to the State Bureau of Identification.
Part B directs that, m response to a request for public criminal history record
information about an adult, a Maine criminal justice agency may disseminate information
associated with each former and current legal name of the adult unless the name change
was made confidential by the probate court. If an order of a name change was made
confidential by the probate court, the agency may not disclose to any person that is not
authorized to receive confidential criminal history record information the existence of the
name change order or any criminal history record information associated with a legal name
of the adult that is not included within the request.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Revised: 02/22/24 f!WSC-
LD 747 LR 664(02)
An Act to Require the Probate Court to Report Name Changes to the State Bureau of Identification
Fiscal Note for Bill as Amended by Committee Amendment "^'(^-^^
Committee: Judiciary
Fiscal Note Required: Yes
Fiscal Note
State Mandate - Exempted
State Mandates
Required Activity Unit Affected Local Cost
Requires probate courts to electronically transmit adult name change orders to the County Insignificant
Department of Public Safety, State Bureau of Identification beginning January 1, statewide
2025. Requires probate courts to notify an adult seeking a name change that the
name change will be public and transmitted to the State Bureau of Identification
unless granted an exception by the court.
Pursuant to the Mandate Preamble, the two-thirds vote of all members elected to each House exempts the State from
the constitutional requirement to fund 90% of the additional costs.
Fiscal Detail and Notes
Additional costs to the Department of Public Safety associated with this legislation are expected to be minor and can
be absorbed within existing budgeted resources.
LR0664(02) - Fiscal Note - Page 1 of 1