An Act To Require a Test for Operating Under the Influence for a Driver Involved in an Accident That Caused Bodily Injury
Maine Legislature, Session 124, LD 0187
Committee Amendment CA_A_H175 (House)
Amends: 29-A MRSA §2522

COMMITTEE AMENDMENT "A " 
to H.P. 152, L.D. 187, Bill, "An Act To 
Require a Test for Operating Under the Influence for a Driver Involved in an Accident 
That Caused Bodily Injury" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Require a Test for Operating Under the Influence for a Driver Involved 
in an Accident That Caused Death or Serious Bodily Injury' 
Amend the bill by striking out all of sections 1 and 2 and inserting the following: 
'Sec. 1. 29-A MRSA §2522, sub-§l, as amended by PL 2003, c. 565, § 1, is 
further amended to read: 
1. Mandatory submission to test if fatality. If there is probable cause to believe 
that death has occurred or will occur as a result of an accident, afl each operator of a 
motor vehicle involved in the motor vehicle accident shall submit to a chemical test, as 
defined in section 2401, subsection 3, to determine blood-alcohol level or drug 
concentration in the same manner as for OUr. The requirement for chemical testing 
applies to all motor vehicle operators involved, whether living or deceased. 
Sec. 2. 29-A MRSA §2522, sub-§l-A is enacted to read: 
I-A. Mandatory submission to test if serious bodily injury. If there is probable 
cause to believe that a serious bodily injury has occurred or will occur as a result of an 
accident, an operator of a motor vehicle involved in the motor vehicle accident who the 
law enforcement officer has probable cause to believe caused the accident shall submit to 
a chemical test, as defined in section 2401, subsection 3, to determine blood-alcohol level 
or drug concentration in the same manner as for OUr. 
Sec. 3. 29-A MRS A §2522, sub-§5, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
5. Scope of hearing. The scope of any hearing the Secretary of State holds pursuant 
to section 2483 must include whether there was probable cause to believe that the person 
was the operator of a motor vehicle involved in a motor vehicle accident in which a death 
Page I - 124LR0243(02)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A " 
to H.P. 152, L.D. 187 
or serious bodily injury occurred or will occur and whether the person failed to submit to 
and complete the test. If a person shows, after hearing, that the person was not under the 
influence of intoxicants or that the person did not negligently cause the accident, then the 
suspension must be immediately removed.' 
Amend the bill by inserting at the end before the summary the following: 
'Sec. 4. Appropriations and allocations. The following appropriations and 
allocations are made. 
PUBLIC SAFETY, DEPARTMENT OF 
Highway Safety DPS 0457 
Initiative: Provides funds for mandatory operating under the influence testing for 
operators of vehicles involved in an accident involving serious bodily injury. 
HIGHW A Y FUND 
All Other 
HIGHW A Y FUND TOTAL 
2009-10 
$131,250 
$131,250 
2010-11 
$175,000 
$175,000 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the minority report. The amendment specifies that for purposes 
of a motor vehicle accident, if there is probable cause to believe that a serious bodily 
injury has occurred or will occur as a result of the accident, an operator of a motor vehicle 
involved in the motor vehicle accident who the law enforcement officer has probable 
cause to believe caused the accident shall submit to a chemical test to determine blood-
alcohol level or drug concentration in the same manner as for OUI. The amendment also 
clarifies that for purposes of a motor vehicle accident in which there is probable cause to 
believe that a death has or will occur as a result of the accident, each operator, whether 
living or deceased, of a motor vehicle involved in that motor vehicle accident must have a 
chemical test. This amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 04/22/09 ;t.;?aC':. 
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LD 187 
LR 243(02) 
An Act To Require a Test for Operating Under the Influence for a Driver Involved in an Accident 
That Caused Bodily Injury 
Net Cost (Savings) 
Highway Fund 
Fiscal Note for Bill as Amended by Committee Amendment '~" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
2010-11 
$131,250 
$175,000 
Projections 
2011-12 
$175,000 
Projections 
2012-13 
$175,000 
( 
/Appropriations/ Allocations 
Highway Fund 
$131,250 
$175,000 
$175,000 
$175,000 
Fiscal Detail and Notes 
The bill includes a Highway Fund allocation of $131 ,250 in fiscal year 2009-10 and $175,000 beginning in fiscal year 
2010-11 to the Department of Public Safety for mandatory operating under the influence testing when there is 
probable cause to believe serious bodily injury has or will occur. 
LR0243(02) - Fiscal Note - Page 1 of 1