Session of 1999
SENATE BILL No. 196
By Committee on Federal and State Affairs
2-1
9 AN ACT concerning boating under the influence of alcohol or drugs;
10 amending K.S.A. 32-1131 and 32-1134 and repealing the existing
11 sections.
12
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 32-1131 is hereby amended to read as follows: 32-
15 1131. (a) No person shall operate or attempt to operate any vessel within
16 this state while:
17 (1) The alcohol concentration in the person's blood or breath, at the
18 time or within two hours after the person operated or attempted to op-
19 erate the vessel, is .08 or more;
20 (2) the alcohol concentration in the person's blood or breath, at the
21 time or within two hours after the person operated or attempted to operate
22 the vessel is .02 or more and the person is less than 21 years of age;
23 (3) under the influence of alcohol;
24 (3) (4) under the influence of any drug or combination of drugs to a
25 degree that renders the person incapable of safely operating a vessel; or
26 (4) (5) under the influence of a combination of alcohol and any drug
27 or drugs to a degree that renders the person incapable of safely operating
28 a vessel.
29 (b) No person shall operate or attempt to operate any vessel within
30 this state if the person is a habitual user of any narcotic, hypnotic, som-
31 nifacient or stimulating drug.
32 (c) If a person is charged with a violation of this section involving
33 drugs, the fact that the person is or has been entitled to use the drug
34 under the laws of this state shall not constitute a defense against the
35 charge.
36 (d) No person shall operate or attempt to operate any vessel within
37 this state for three months after the date of refusal of submitting to a test
38 if such person refuses to submit to a test pursuant to K.S.A. 32-1132, and
39 amendments thereto.
40 (e) Violation of this section is a misdemeanor punishable:
41 (1) On the first conviction, by imprisonment of not more than one
42 year or a fine of not less than $100 nor more than $500, or both; and
43 (2) on the second or a subsequent conviction, by imprisonment for
44 not less than 90 days nor more than one year and, in the court's discretion,
45 a fine not exceeding of not less than $100 nor more than $500.
46 (f) In addition to any other penalties prescribed by law or rule and
47 regulation, any person convicted of a violation of this section shall be
48 required to satisfactorily complete a boater safety education course of
49 instruction approved by the secretary before such person subsequently
50 operates or attempts to operate any vessel.
51 Sec. 2. K.S.A. 32-1134 is hereby amended to read as follows: 32-
52 1134. In any criminal prosecution for violation of the laws of this state
53 relating to operating or attempting to operate a vessel while under the
54 influence of alcohol or drugs, or both, or the commission of manslaughter
55 while under the influence of alcohol or drugs, or both, or in any prose-
56 cution for a violation of a city ordinance relating to the operation or at-
57 tempted operation of a vessel while under the influence of alcohol or
58 drugs, or both, evidence of the concentration of alcohol or drugs in the
59 defendant's blood, urine, breath or other bodily substance may be ad-
60 mitted and shall give rise to the following:
61 (a) If the alcohol concentration is less than .10 .08, that fact may be
62 considered with other competent evidence to determine if the defendant
63 was under the influence of alcohol, or both alcohol and drugs.
64 (b) If the alcohol concentration is .10 .08 or more, it shall be prima
65 facie evidence that the defendant was under the influence of alcohol to
66 a degree that renders the person incapable of safely operating a vessel.
67 (c) If there was present in the defendant's bodily substance any nar-
68 cotic, hypnotic, somnifacient, stimulating or other drug which has the
69 capacity to render the defendant incapable of safely operating a vessel,
70 that fact may be considered to determine if the defendant was under the
71 influence of drugs, or both alcohol and drugs, to a degree that renders
72 the defendant incapable of safely operating a vessel.
73 New Sec. 3. A law enforcement officer may request a person who is
74 operating or attempting to operate a vessel within this state to submit to
75 a preliminary screening test of the person's breath to determine the al-
76 cohol concentration of the person's breath if the officer has reasonable
77 grounds to believe that the person: (a) Has alcohol in the person's body;
78 (b) has committed a boating law violation; or (c) has been involved in a
79 vessel accident or collision. At the time the test is requested, the person
80 shall be given oral notice that: (1) There is no right to consult with an
81 attorney regarding whether to submit to testing; (2) refusal to submit to
82 testing is a class C misdemeanor; and (3) further testing may be required
83 after the preliminary screening test. Failure to provide the notice shall
84 not be an issue or defense in any action. The law enforcement officer
85 then shall request the person to submit to the test. Refusal to take and
86 complete the test as requested is a class C misdemeanor. If the person
87 submits to the test, the results shall be used for the purpose of assisting
88 law enforcement officers in determining whether an arrest should be
89 made and whether to request the tests authorized by K.S.A. 32-1132, and
90 amendments thereto. A law enforcement officer may arrest a person
91 based in whole or in part upon the results of a preliminary screening test.
92 Such results shall not be admissible in any civil or criminal action except
93 to aid the court or hearing officer in determining a challenge to the va-
94 lidity of the arrest or the validity of the request to submit to a test pursuant
95 to K.S.A. 32-1132, and amendments thereto. Following the preliminary
96 screening test, additional tests may be requested pursuant to K.S.A. 32-
97 1132, and amendments thereto.
98 Sec. 4. K.S.A. 32-1131 and 32-1134 are hereby repealed.
99 Sec. 5. This act shall take effect and be in force from and after its
100 publication in the statute book.