An  Act concerning boating under the influence of alcohol or drugs; amending K.S.A. 32-

1131 and 32-1134 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 32-1131 is hereby amended to read as follows: 32-
1131. (a) No person shall operate or attempt to operate any vessel within
this state while:

      (1) The alcohol concentration in the person's blood or breath, at the
time or within two hours after the person operated or attempted to op-
erate the vessel, is .08 or more;

      (2) the alcohol concentration in the person's blood or breath, at the
time or within two hours after the person operated or attempted to operate
the vessel is .02 or more and the person is less than 21 years of age;

      (3) under the influence of alcohol;

      (3) (4) under the influence of any drug or combination of drugs to a
degree that renders the person incapable of safely operating a vessel; or

      (4) (5) under the influence of a combination of alcohol and any drug
or drugs to a degree that renders the person incapable of safely operating
a vessel.

      (b) No person shall operate or attempt to operate any vessel within
this state if the person is a habitual user of any narcotic, hypnotic, som-
nifacient or stimulating drug.

      (c) If a person is charged with a violation of this section involving
drugs, the fact that the person is or has been entitled to use the drug
under the laws of this state shall not constitute a defense against the
charge.

      (d) No person shall operate or attempt to operate any vessel within
this state for three months after the date of refusal of submitting to a test
if such person refuses to submit to a test pursuant to K.S.A. 32-1132, and
amendments thereto.

      (e) Except as provided by subsection (f), violation of this section is a
misdemeanor punishable:

      (1) On the first conviction, by imprisonment of not more than one
year or a fine of not less than $100 nor more than $500, or both; and

      (2) on the second or a subsequent conviction, by imprisonment for
not less than 90 days nor more than one year and, in the court's discretion,
a fine not exceeding of not less than $100 nor more than $500.

      (f) Subsection (e) shall not apply to or affect a person less than 21
years of age who submits to a breath or blood alcohol test requested
pursuant to K.S.A. 32-1132 and amendments thereto and produces a test
result of an alcohol concentration of .02 or greater but less than .08. Such
person's boating privileges upon the first occurrence shall be suspended
for 30 days and upon a second or subsequent occurrence shall be sus-
pended for 90 days.

      (f) (g) In addition to any other penalties prescribed by law or rule
and regulation, any person convicted of a violation of this section shall be
required to satisfactorily complete a boater safety education course of
instruction approved by the secretary before such person subsequently
operates or attempts to operate any vessel.

      Sec.  2. K.S.A. 32-1134 is hereby amended to read as follows: 32-
1134. In any criminal prosecution for violation of the laws of this state
relating to operating or attempting to operate a vessel while under the
influence of alcohol or drugs, or both, or the commission of manslaughter
while under the influence of alcohol or drugs, or both, or in any prose-
cution for a violation of a city ordinance relating to the operation or at-
tempted operation of a vessel while under the influence of alcohol or
drugs, or both, evidence of the concentration of alcohol or drugs in the
defendant's blood, urine, breath or other bodily substance may be ad-
mitted and shall give rise to the following:

      (a) If the alcohol concentration is less than .10 .08, that fact may be
considered with other competent evidence to determine if the defendant
was under the influence of alcohol, or both alcohol and drugs.

      (b) If the alcohol concentration is .10 .08 or more, it shall be prima
facie evidence that the defendant was under the influence of alcohol to
a degree that renders the person incapable of safely operating a vessel.

      (c) If there was present in the defendant's bodily substance any nar-
cotic, hypnotic, somnifacient, stimulating or other drug which has the
capacity to render the defendant incapable of safely operating a vessel,
that fact may be considered to determine if the defendant was under the
influence of drugs, or both alcohol and drugs, to a degree that renders
the defendant incapable of safely operating a vessel.

      New Sec.  3. A law enforcement officer may request a person who is
operating or attempting to operate a vessel within this state to submit to
a preliminary screening test of the person's breath to determine the al-
cohol concentration of the person's breath if the officer has reasonable
grounds to believe that the person: (a) Has alcohol in the person's body;
(b) has committed a boating law violation; or (c) has been involved in a
vessel accident or collision. At the time the test is requested, the person
shall be given oral notice that: (1) There is no right to consult with an
attorney regarding whether to submit to testing; (2) refusal to submit to
testing shall subject the person to the same fine as prescribed by K.S.A.
8-2118 and amendments thereto for refusal to submit to a preliminary
breath test; and (3) further testing may be required after the preliminary
screening test. Failure to provide the notice shall not be an issue or de-
fense in any action. The law enforcement officer then shall request the
person to submit to the test. Refusal to take and complete the test as
requested shall subject the person to the same fine as prescribed by
K.S.A. 8-2118 and amendments thereto for refusal to submit to a prelim-
inary breath test. If the person submits to the test, the results shall be
used for the purpose of assisting law enforcement officers in determining
whether an arrest should be made and whether to request the tests au-
thorized by K.S.A. 32-1132 and amendments thereto. A law enforcement
officer may arrest a person based in whole or in part upon the results of
a preliminary screening test. Such results shall not be admissible in any
civil or criminal action except to aid the court or hearing officer in de-
termining a challenge to the validity of the arrest or the validity of the
request to submit to a test pursuant to K.S.A. 32-1132 and amendments
thereto. Following the preliminary screening test, additional tests may be
requested pursuant to K.S.A. 32-1132 and amendments thereto.

 Sec.  4. K.S.A. 32-1131 and 32-1134 are hereby repealed.

 Sec.  5. This act shall take effect and be in force from and after its
publication in the statute book.

I hereby certify that the above BILL originated in the
HOUSE, and passed that body

____________________________________

HOUSE concurred in
SENATE amendments ______________________________

Passed the SENATE
     as amended ______________________________

APPROVED ______________________________