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 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
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 1  not less than 90 days nor more than one year and, in the court's discretion,
 2  a fine not exceeding of not less than $100 nor more than $500.
 3    (f)  In addition to any other penalties prescribed by law or rule and
 4  regulation, any person convicted of a violation of this section shall be
 5  required to satisfactorily complete a boater safety education course of
 6  instruction approved by the secretary before such person subsequently
 7  operates or attempts to operate any vessel.
 8    Sec. 2.  K.S.A. 32-1134 is hereby amended to read as follows: 32-
 9  1134. In any criminal prosecution for violation of the laws of this state
10  relating to operating or attempting to operate a vessel while under the
11  influence of alcohol or drugs, or both, or the commission of manslaughter
12  while under the influence of alcohol or drugs, or both, or in any prose-
13  cution for a violation of a city ordinance relating to the operation or at-
14  tempted operation of a vessel while under the influence of alcohol or
15  drugs, or both, evidence of the concentration of alcohol or drugs in the
16  defendant's blood, urine, breath or other bodily substance may be ad-
17  mitted and shall give rise to the following:
18    (a)  If the alcohol concentration is less than .10 .08, that fact may be
19  considered with other competent evidence to determine if the defendant
20  was under the influence of alcohol, or both alcohol and drugs.
21    (b)  If the alcohol concentration is .10 .08 or more, it shall be prima
22  facie evidence that the defendant was under the influence of alcohol to
23  a degree that renders the person incapable of safely operating a vessel.
24    (c)  If there was present in the defendant's bodily substance any nar-
25  cotic, hypnotic, somnifacient, stimulating or other drug which has the
26  capacity to render the defendant incapable of safely operating a vessel,
27  that fact may be considered to determine if the defendant was under the
28  influence of drugs, or both alcohol and drugs, to a degree that renders
29  the defendant incapable of safely operating a vessel.
30    New Sec. 3.  A law enforcement officer may request a person who is
31  operating or attempting to operate a vessel within this state to submit to
32  a preliminary screening test of the person's breath to determine the al-
33  cohol concentration of the person's breath if the officer has reasonable
34  grounds to believe that the person: (a) Has alcohol in the person's body;
35    (b) has committed a boating law violation; or (c) has been involved in a
36  vessel accident or collision. At the time the test is requested, the person
37  shall be given oral notice that: (1) There is no right to consult with an
38  attorney regarding whether to submit to testing; (2) refusal to submit to
39  testing is a class C misdemeanor; and (3) further testing may be required
40  after the preliminary screening test. Failure to provide the notice shall
41  not be an issue or defense in any action. The law enforcement officer
42  then shall request the person to submit to the test. Refusal to take and
43  complete the test as requested is a class C misdemeanor. If the person
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 1  submits to the test, the results shall be used for the purpose of assisting
 2  law enforcement officers in determining whether an arrest should be
 3  made and whether to request the tests authorized by K.S.A. 32-1132 and
 4  amendments thereto. A law enforcement officer may arrest a person
 5  based in whole or in part upon the results of a preliminary screening test.
 6  Such results shall not be admissible in any civil or criminal action except
 7  to aid the court or hearing officer in determining a challenge to the va-
 8  lidity of the arrest or the validity of the request to submit to a test pursuant
 9  to K.S.A. 32-1132 and amendments thereto. Following the preliminary
10  screening test, additional tests may be requested pursuant to K.S.A. 32-
11  1132 and amendments thereto.
12    Sec. 4.  K.S.A. 32-1131 and 32-1134 are hereby repealed.
13    Sec. 5.  This act shall take effect and be in force from and after its
14  publication in the statute book.