An Act to Amend the Maine Tort Claims Act
Maine Legislature, Session 122, LD 0936
Committee Amendment CA_A_H657 (House)
Committee: Judiciary and replaces the bill
Amends: 14 MRSA §8104-B, 14 MRSA §8111

COMMITTEE AMENDMENT 'A" to H.P. 655, L.D. 936, Bill, "An 
Act To Amend the Maine Tort Claims Act" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 14 MRSA §8104-B, sub-§3, as enacted by PL 1987, c. 
740, §4, is amended to read: 
3. 
Performing 
discretionary 
fUDction. 
Performing 
or 
failing to perform a discretionary function or duty, whether or 
not the discretion is abused and whether or not any statute, 
charter, ordinance, order, resolution or policy under which the 
discretionary function or duty is performed is valid or invalidL 
except that if the discretionary function involves the operation 
of 
a 
motor vehicle, 
as defined in Title 29-A, 
section 101, 
subsection 
42, 
this 
section 
does 
not 
provide 
immunity 
for 
negligent operation of the motor vehicle resulting in a collision; 
Sec. 2. 14 MRSA §8111, sub-§I, 1[C, as repealed and replaced by 
PL 1987, c. 740, §8, is amended to read: 
c. 
Performing or failing 
to 
perform 
any discretionary 
function or duty, whether or not the discretion is abusedT 
and whether or not any statute, charter, ordinance, order, 
resolution, rule or resolve under which the discretionary 
Page l-LR1879(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 655, L.D. 936 
function or duty is performed is valid, ~cept that if the 
discretionary function involves the operation of a motor 
vehicle, as defined in Title 29-A, section 101, subsection 
42, this section does not provide immunity for negligent 
operation of the motor vehicle resulting in a collision;' 
SUMMARY 
This amendment is the majority report of the Joint Standing 
Committee on Judiciary and replaces the bill. 
This amendment revises the language amending the law that 
provides 
discretionary 
immunity 
for 
government 
entities 
and 
government employees to provide an exception from governmental 
immunity when the discretionary function involves the operation 
of a motor vehicle. 
This amendment provides that there is no 
immunity for negligent operation of a motor vehicle that results 
in a collision. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 06/03/05 ,frac:.. 
LD936 
LR 1879(02) 
An Act to Amend the Maine Tort Claims Act 
Fiscal Note for Bill as Amended by Committee Amendment '4' 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Potential future biennium cost increase - All Funds 
Potential current biennium cost increase - Other Special Revenue Funds 
Minor cost increase - General Fund 
Correctional and Judicial Impact Statements: 
The additional workload and administrative costs associated with the minimal number of new cases filed in the court 
system can be absorbed within the budgeted resources of the Judicial Department. 
Fiscal Detail and Notes 
Eliminating discretionary function immunity for vehicle accidents could result in additional costs estimated to be as 
high as $200,000 annually to the Risk Management Division of the Department of Administrative and Financial 
Services. As claims occur, the Risk Management Division will review rates charged to state agencies to detennine if 
they need to be adjusted for the effects of this bill. Should future rate increases be needed, state agencies will require 
additional General Fund, Highway Fund and Other Special Revenue Funds resources to pay the premiums. 
LR1879(2) - Fiscal Note - Page 1 of 1