Sec. 1. 14 MRSA §8104-B, sub-§3, as enacted by PL 1987, c. 740, §4, is amended to read:

3. Performing discretionary function. 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 invalid, except that this subsection does not provide immunity for the negligent operation of a motor vehicle directly involved in a collision;

SUMMARY

This bill amends the Maine Tort Claims Act to provide that discretionary function immunity does not apply to the negligent operation of a motor vehicle that is directly involved in a collision. This bill reverses the effect of the Maine Supreme Judicial Court's majority decision in Norton v. Hall, 2003 ME 118, and is consistent with the dissenting opinion.