Brief⁽¹⁾

H.B. 2105 would reconcile several inconsistencies in the Boating Under the Influence (BUI) laws and make the BUI provisions more consistent with the Driving Under the Influence (DUI) laws. The four basic components of the bill:

Provide that a Blood Alcohol Concentration (BAC) of .08 would constitute prima facie evidence of a BUI law violation. (The legal BAC for BUI was lowered to .08 in the 1993 DUI amendments; however, the BAC for prima facie evidence, which is in another statute, was left at .10.)

Establish a minimum fine of $100 for the second and subsequent convictions of BUI. (A minimum fine of $100 already exists for the first conviction.)

Impose the same "zero tolerance" provisions as in the DUI law for persons under 21 years of age, which prohibit a BAC of .02 or greater.

Establish a procedure for the use of preliminary screening tests for BUI, which mirror the screening tests used for DUI violations.

In addition, the bill would establish an exception to the violation provision of the boating under the influence statute. This exception would apply to persons less than 21 years of age who submit to a breath or alcohol test and produce a test result of .02 or greater, but less than .08. Under these conditions, the person would have their boating privileges upon the first occurrence suspended for 30 days and on the second or subsequent occurrence for 90 days.

Background

A representative of the Kansas Department of Wildlife and Parks (KDWP) testified before the House Committee on Tourism in support of H.B. 2105. The representative stated that at least half of the boating-related fatalities in Kansas in the last three years involved alcohol. In 1998, 78 boating accidents were reported to KDWP, which included three fatalities. Two of the three fatalities involved alcohol.

There were no opponents.

The Senate Committee on Energy and Natural Resources amended the bill to provide the exception to the violation provision of the boating under the influence for persons under 21 years of age under certain circumstances. The exception does provide for suspension of boating privileges.

The fiscal note prepared by the Division of the Budget on the original bill indicates that the bill would have no fiscal impact.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.