2023 House Bill 5300

Probate: other; name change proceedings; modify.

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 1 and 3 of chapter XI (MCL 711.1 and 711.3), section 1 as amended by 2020 PA 40 and section 3 as added by 2000 PA 111.

House Fiscal Agency Analysis

House Bills 5300 to 5303 would do all of the following: • Eliminate a presumption in law that a person who is seeking to change their legal name must be doing so for a fraudulent reason if they have a criminal record. • Eliminate a requirement that a person 22 or older who is seeking a name change must submit fingerprints for state and federal criminal background checks. • Expand reasons for which a court can waive publication requirements regarding a name change, notably to include affirmation of the person’s gender identity. • Eliminate a requirement for a doctor’s affidavit of surgery before a new birth certificate that shows a sex designation other than the one assigned at birth can be issued. • Allow a person to indicate a sex designation of “M,” “F,” or “X” for a driver’s license, state personal ID card, or new birth certificate, with no additional documentation or certification required. • Allow driver’s licenses and state personal ID cards to be reissued without charge to update a sex designation.

Introduced in the House

Nov. 3, 2023

Introduced by Rep. Laurie Pohutsky (D-17) and four co-sponsors

Co-sponsored by Reps. Emily Dievendorf (D-77), Felicia Brabec (D-33), Helena Scott (D-7) and Jason Morgan (D-23)

Referred to the Committee on Judiciary

Feb. 14, 2024

Reported without amendment

Dec. 13, 2024

Substitute H-1 offered by Rep. Laurie Pohutsky (D-17)

The substitute passed by voice vote

Passed in the House 56 to 0 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

Dec. 18, 2024

Referred to the Committee on Government Operations

Dec. 20, 2024

Discharged from committee

Referred to the Committee of the Whole

Reported without amendment

Passed in the Senate 20 to 18 (details)