An Act Requiring Blood Testing of All Drivers Involved in Fatal Accidents LR2327(02)
Maine Legislature, Session 121, LD 1803
Committee Amendment CA_A_H712 (House)
Amends: 29-A MRSA §2522

COMMITTEE AMENDMENT "If" to H.P. 1325, L.D. 1803, Bill, "An 
Act Requiring Blood Testing of All Drivers Involved in Fatal 
Accidents" 
Amend the bill by inserting after the title and before the 
enacting clause 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 of Maine, Article IX, Section 21, 
of all of the members elected to each House have determined 
it necessary to enact this measure. 1 
Further amend the bill by striking out all of section 1 and 
inserting in its place the following: 
Sec. 1. 29-A MRSA §2522, sub-§§l and 2, as enacted by PL 1993, 
c. 683, Pt. A, §2 and affected by Pt. B, §5, are amended to read: 
1. 
Mandatory submission to 
cause to believe that death has 
test. 
If there 
occurred or will 
is probable 
occur as a 
result of an accident, an operator of a motor vehicle involved in 
the motor vehicle accident shall submit to a chemical test~ 
defined in section 2401, subsection 3, to determine blood-alcohol 
level or drug concentration in the same manner as for OUI. 
Page l-LR2327(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. /I-.. to H.P. 1325, L.D. 1803 
2. 
Administration 
of 
test. 
The 
investigating 
law 
enforcement officer shall cause a blood test to be administered 
to the operator of the motor vehicle as soon as practicable 
following the accident as-"p£-e-v.,l.e-e4--i-n--see-t;.i-G-:a--696;l and may also 
cause a breath test or another chemical test to be administered 
if the officer determines appropriate. 
The operator shall submit 
to and complete all tests administered. 
Except as otherwise 
provided in this section, testing must be conducted in accordance 
with section 2521.' 
SUMMARY 
The amendment amends the Maine Revised Statutes, Title 29-A 
by 
requ~r~ng that, in cases when there is probable cause to 
believe that death has occurred or will occur as a result of an 
accident, the investigating officer shall cause a blood test to 
be administered on every operator involved in the accident as 
soon as practicable following the accident. 
The officer may also 
cause a breath test or any other chemical test to be administered 
if the officer determines appropriate. 
Operators shall submit to 
and 
complete 
all 
tests 
administered. 
Except 
as 
otherwise 
provided in Title 29-A, section 2522, subsection 2, testing must 
be conducted in accordance with Title 29-A, section 2521, which 
governs drivers' implied consent to chemical tests. 
FISCAL ~OTF !{L,.!l ii,t.0 
_. 
(See attt1~heli) 
COMMITTEE AMENDMENT 
,tate Mandate 
New or Expanded Activity 
Approved: 02/17/04 ;:t;?aC!. 
Office of Fiscal and Program Review 
LD 1803 
An Act Requiring Blood Testing of All Drivers Involved in Fatal 
Accidents 
LR2327(02) 
Fiscal Note for Bill as Amended by Committee Amendment"" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Exempt State Mandate 
Minor cost increase - Highway Fund 
This bill requires local law enforcement agencies to conduct certain 
blood tests. The additional costs of the state mandate pertain to the 
minor administrative costs that will be incurred by local law 
enforcement agencies to process any additional tests. 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 local costs. 
Unit Affected 
Municipality 
County 
Costs 
Insignificant 
Fiscal Detail and Notes 
Currently, the Department of Public Safety has budgeted resources from the Highway Fund to cover the costs of blood 
testing in fatal accidents; the overwhelming majority of fatal accidents already involve blood testing. The department 
has adequate budgeted resources to cover any additional required blood tests. 
LR2327(2) - Fiscal Note - Page 1 of 1