AN ACT relating to boating under the influence.

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AN ACT relating to boating under the influence. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 235.240 is amended to read as follows: 3
(1) A person shall not operate any motorboat or vessel, or manipulate any water skis, 4
surfboard, or similar device, in a reckless or negligent manner so as to endanger the 5
life or property of any person. 6
(2) A person shall not operate any motorboat or vessel, or manipulate any water skis, 7
surfboard, or similar device, while intoxicated or under the influence of any other 8
substance which impairs one's driving ability. 9
(3) (a) Any person who oper ates a motorboat or vessel upon the waters of the 10
Commonwealth shall be deemed to have given consent to a test or tests as 11
accepted by the state's evidentiary mandate for the purpose of determining the 12
operator's alcohol concentration or the presence of ot her drugs. The test or 13
tests shall be administered at the direction of a law enforcement officer who 14
has probable cause to believe that the operator may have been violating this 15
section. 16
(b) If a motorboat or vessel causes an accident that results in a fatality or 17
serious physical injury that creates a substantial risk of death, serious or 18
prolonged disfigurement, prolonged impairment of health, or prolonged loss 19
or impairment of the function of any bodily organ, the investigating law 20
enforcement officer shall seek a search warrant for blood testing of the 21
operator of the motorboat or vessel unless the testing has already been done 22
by consent. 23
(4) For the purposes of enforcing subsection (2) of this section, the elements of the 24
offense are those established in KRS 189A.010(1) to (4), except that the penalties 25
for this offense are set forth in KRS 235.990. 26
Section 2. KRS 235.990 is amended to read as follows: 27
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(1) Any person who violates any of the provisions of this chapter or administrative 1
regulations adopted under this chapter shall be fined not less than fifty dollars ($50) 2
nor more than two hundred dollars ($200). [After July 15, 2000, ] Any person who 3
violates KRS 235.230 shall be fined not less than fifteen dollars ($15) nor more 4
than one hundred dollars ($100) and each day the violation continues may 5
constitute a separate offense. 6
(2) (a) Any person who violates KRS 235.240 shall not be subject to the pena lties of 7
KRS Chapter 189A but shall be guilty of a separate offense and subject to: 8
1. For the first offense, a fine of two hundred dollars ($200) to two 9
hundred fifty dollars ($250) or imprisonment for twenty-four (24) hours; 10
2. For the second offense [ for the first offense] , a fine of three hundred 11
fifty dollars ($350) to five hundred dollars ($500) or imprisonment for 12
forty-eight (48) hours; and 13
3. For the third and subsequent offenses, [ for the second offense, and] a 14
fine of six hundred dollars ($600) t o one thousand dollars ($1,000) or 15
imprisonment in the county jail for not less than thirty (30) days, or 16
both[, for the third or subsequent offense]. 17
(b) Refusal to submit to a breath alcohol analysis or similar test in violation of 18
KRS 235.240(3) shall be deemed an offense. 19
(3) (a) A person may, in addition to or in lieu of the penalties specified in subsection 20
(1) or (5) of this section, be required to take a safe -boating course approved 21
by the department or offered by the United States Coast Guard, Coa st Guard 22
Auxiliary, or U.S. Power Squadron and to present the court a certificate 23
documenting successful completion of the course. 24
(b) A person shall, in addition to the penalties of subsection (2) of this section, be 25
required to take a safe -boating course offered by the department and to 26
present the court a certificate documenting successful completion of the 27
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course. The person attending a class under this paragraph shall pay the 1
department a fee of one hundred dollars ($100) for the costs of materials and 2
instruction before receiving a certificate of completion. 3
(4) [After July 15, 2000, ] Any person who violates KRS 235.420 or 235.430 shall be 4
fined: 5
(a) For the first offense, not less than fifteen dollars ($15) nor more than one 6
hundred dollars ($100); 7
(b) For the second offense, [. A person who violates KRS 235.420 or 235.430 8
shall be fined] not less than one hundred dollars ($100) nor more than three 9
hundred dollars ($300); and 10
(c) For the third and each subsequent offense, [ for the second offense, and] not 11
less than three hundred dollars ($300) nor more than five hundred dollars 12
($500)[ for the third or any subsequent offense]. 13
(5) Any person failing to obey a citation issued in accordance with KRS 235.315 shall 14
be guilty of a separate offense and shall be fined not less than fifty dollars ($50) nor 15
more than two hundred dollars ($200). 16
(6) Any person who makes a false statement regarding a marine boat toilet on the 17
application for registration or renewal registration for a motorboat shall be fined 18
one hundred dollars ($100). This penalty shall be separate from any other penalty 19
that may be applicable for violation of this chapter. 20
(7) Any person who resists, obstructs, interferes with, threatens, attempts to intimidate, 21
or in any other manner interferes wi th any officer in the discharge of his duties, 22
other than a criminal homicide or an assault against an officer enforcing the 23
provisions of this chapter, KRS Chapter 150, or the administrative regulations 24
issued under either of these chapters, shall be guilty of a Class A misdemeanor. 25
(8) Any person who commits a criminal homicide or an assault against an officer 26
enforcing the provisions of this chapter, KRS Chapter 150, or the administrative 27
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regulations issued under either of these chapters shall be subject to the penalties 1
specified for the offense under KRS Chapter 507 or 508, as appropriate. 2
(9) Any person who violates KRS 235.203 shall be fined fifty dollars ($50). 3
SECTION 3. A NEW SECTION OF KRS 15.530 TO 15.590 IS CREATED TO 4
READ AS FOLLOWS: 5
In addition to all other required dispatches and reports, a public safety 6
telecommunicator who receives a report of an accident involving a motorboat or vessel 7
on any waters within the jurisdiction of the Commonwealth shall immedi ately report 8
the accident, or cause a report of the accident to be made, to the post of the Department 9
of Kentucky State Police covering where the accident occurred. 10
Section 4. This Act may be cited as Keegan's Law. 11