SSB 3040

The bill expands this authorization to include state forests. The bill requires vendors that offer online watercraft education courses to enter into a written agreement with the DNR rather than a memorandum of understanding. DAMS AND SPILLWAYS —— REPEAL. Code chapter 464A authorizes the natural resource commission (NRC) to erect a dam or spillway across a stream or at the outlet of a lake, or to alter or reconstruct an existing dam or spillway, so as to increase or decrease its permanent height, or to permanently affect the water level above the structure. _____ filing claims for damages, the factors to be considered prior to adopting a dam or spillway plan, the process for appraising damages, the process for judicial review, and the process to adopt a tentative plan as final. The bill repeals these provisions.11. Code chapter 464B regulates dams and provides for the protection of banks along any part of a stream or raceway, provides that an owner or occupier of a mill or machinery may recover damages caused by a person who injures, destroys, or removes an embankment or other works, and provides that a person owning and using water power for the purpose of propelling machinery has the right to acquire, maintain, and utilize the fall below such power for the purpose of making improvements. The bill repeals Code chapter 464B. PERSONAL FLOTATION DEVICES. Under current law, every watercraft vessel is required to carry at least one life preserver, life belt, ring buoy, or other device for each passenger, so placed as to be readily accessible. A violation of this provision is punishable by a scheduled fine of $30. The bill reclassifies such devices as wearable personal flotation devices. A personal flotation device marked as type I, type II, type III, or type V with type I, II, or III performance, is considered wearable. The bill makes corresponding changes to references to life preservers and personal flotation devices in Code chapter 462A. The bill requires a person who operates a vessel feet or more in length, except a canoe or kayak, on the waters of this state under the jurisdiction of the NRC to carry at least one throwable personal flotation device that is readily accessible on board the vessel. _____ throwable. A violation of this provision is punishable by a scheduled fine of $35. BOATING WHILE INTOXICATED.14F to generally mirror the laws relating to operating a motor vehicle while intoxicated (OWI) under Code chapter 321J, with certain exceptions. Similar to OWI offenses, the bill allows a court to give credit for time served to a person who is guilty of BWI for any time the person spent in a court-ordered operating-while-intoxicated program that provides law enforcement security.24. A court may defer judgment, impose a civil penalty equal to the criminal fine that would otherwise apply, defer a sentence, suspend a sentence, and place a defendant on probation in the same manner as for OWI offenses. Under current law, in both BWI and OWI criminal proceedings involving controlled substances, a person may assert an affirmative defense that the controlled substance present in the person’s blood or urine was prescribed or dispensed for the person and was taken in accordance with the directions of a practitioner and the labeling directions of the pharmacy. The bill authorizes the use of the affirmative defense in proceedings related to a person’s refusal to submit to a test in BWI cases.14A to mirror the requirements that exist under Code chapter 321J for a licensed physician, a physician assistant, or advanced registered nurse practitioner to certify that the person to be tested is dead, unconscious, or otherwise in a condition rendering that person incapable of consent or refusal. _____ a written certification must be completed by the physician, physician assistant, or advanced registered nurse practitioner within a reasonable time of the test. The bill strikes provisions to reduce redundancy regarding the advisement that a law enforcement officer is required to provide to a person suspected of BWI. The bill strikes medical personnel immunity from liability for actions in complying with requests to withdraw blood specimens when they use reasonable care and accepted medical practices. The bill strikes the mandatory civil penalty under current law for refusing to submit to a test. The bill authorizes a court to appoint the state public defender’s designee to represent an indigent person at a hearing related to a person’s refusal to consent to testing and whether the person must be prohibited from operating a motorboat or sailboat. In a proceeding regarding a prohibition of operating privileges due to a refusal, evidence of the results of analysis of a specimen of the defendant’s blood, breath, or urine is admissible upon proof of a proper foundation. Costs of a test refusal proceeding may be assessed to the operator upon issuance of an order prohibiting operation of a motorboat or sailboat. Such costs are category “B” restitution and upon request of the defendant, the court must determine the defendant’s reasonable ability to pay. Where the court has found that an order prohibiting operation of a motorboat or sailboat is not warranted, costs are assessed to the state.14D to Code chapter 321J. The bill punishes the act of knowingly resisting or obstructing the withdrawal of a specimen pursuant to a valid search warrant issued as contempt punishable by a fine not exceeding $1,000 or by imprisonment not exceeding one year or by both.08. A simple misdemeanor is punishable by confinement for no more than days and a fine of at least $105 but not more than $855. Under the bill, a person commits a class “B” felony when the person unintentionally causes an accident that results in the death of another while operating a motorboat or sailboat while intoxicated. A class “B” felony is punishable by confinement for no more than years. In addition, a person commits a class “D” felony when the person unintentionally causes an accident that results in a serious injury while operating a motorboat or sailboat while intoxicated. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. Similar to vehicular homicide offenses involving OWI, a court is prohibited from deferring judgment, deferring a sentence, or suspending a sentence for these offenses. The bill generally aligns the periods of imprisonment and fine amounts for BWI offenses to those of OWI offenses. Under current law, a first offense of BWI is a serious misdemeanor and the minimum fine is $1,000. The bill increases the minimum fine to $1,250. The court may still waive one-half of the fine at the court’s discretion. However, the court cannot order a person to perform unpaid community service in lieu of a civil penalty or victim restitution. Surcharges and fees must also be assessed pursuant to Code chapter 911. Under current law, a second offense of BWI is an aggravated misdemeanor and the fine must be between $1,500 and $5,000. The bill increases the applicable fine to between $1,875 and $6,250. A third or subsequent offense of BWI is a class “D” felony and the fine must be between $2,500 and $7,500. The bill increases the applicable fine to between $3,125 and $9,375.