BILL ANALYSIS AND FISCAL IMPACT REPORT	Page 1 of  1

DATE:  March 14, 2001	Submitted by: TAXATION AND REVENUE DEPT.       
	T. GLENN ELLINGTON, SECRETARY

BILL NUMBER:  House Judiciary Committee Substitute for HB-483

SPONSOR:  House Judiciary Committee

BILL SHORT TITLE:  Boating While Intoxicated Act

DESCRIPTION:  The Boating While Intoxicated Act provides penalties and procedures for conviction of the crime of operating of a motorboat while under the influence of intoxicating alcohol or drugs.  Court-imposed penalties, and blood alcohol content limits and testing procedures are similar to those currently imposed for operating a motor vehicle while intoxicated.

EFFECTIVE DATE:  July 1, 2001

FISCAL IMPACT:  No significant fiscal impact.  A small increase in fines levied by the courts would benefit the Common School Fund (General Fund).  

TECHNICAL ISSUES:  The original bill included references not only to operating a motorboat, but also to water skis, surfboards or similar devices.  The substitute bill only mentions water skis, surfboards or similar devices in Section 12 dealing with the Scientific Laboratory Division’s techniques of testing for the influence of drugs or alcohol.  There is no mention of water skis, surfboards or similar devices in Section 3 where operation of a motorboat while under the influence of liquor or drugs is defined as a crime.  The omission may be intentional.

ADMINISTRATIVE IMPACT:  No administrative impact on the department.  The substitute bill eliminates the registration revocation and hearing procedures of the original bill, and places the penalties associated with boating while intoxicated in the hands of the courts.

OTHER IMPACTS AND ISSUES:

•	All persons convicted of boating while intoxicated would be required to attend a boating safety course.

•	The bill specifies the penalty for a 1st conviction would be up to 90 days in jail or a fine of up to $500 or both.  Aggravated boating while intoxicated (twice the legal limit) would carry an addition sentence of not less than 48 hours in jail.  If the sentence were suspended, the probation period could not exceed 1 year.

•	A 2nd or subsequent conviction would be punished by up to 364 days in jail or a fine of up to $500 or both. If the sentence were suspended, the probation period could not exceed 5 years.