Senate File 2177 - Introduced SENATE FILE 2177 BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT (SUCCESSOR TO SSB 3040) A BILL FOR An Act relating to matters under the purview of the department 1 of natural resources, including administration, dams 2 and spillways, personal flotation devices, and operating 3 a motorboat or sailboat while intoxicated, providing 4 penalties, and making penalties applicable. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5318SV (1) 89 th/ns

S.F. 2177 DIVISION I 1 MISCELLANEOUS ADMINISTRATIVE CHANGES 2 Section 1. Section 455A.11, Code 2022, is amended to read 3 as follows: 4 455A.11 Preferences in temporary employment. 5 In its employment of persons in temporary positions in 6 conservation and outdoor recreation, the department of natural 7 resources shall give preference to persons meeting eligibility 8 requirements for the green thumb program and to persons 9 working toward an advanced education in natural resources and 10 conservation. 11 Sec. 2. Section 455A.14, subsections 1 and 2, Code 2022, are 12 amended to read as follows: 13 1. Notwithstanding any provision of law to the contrary, 14 the department is authorized to establish fees for camping and 15 use of rental facilities and other special privileges at state 16 parks , forests, and recreation areas under the jurisdiction of 17 the department. 18 2. The fees established by the department pursuant to 19 this section shall be in such amounts as may be determined 20 by the department to be reasonably competitive with fees 21 established in other public parks , forests, or recreation areas 22 that provide the same or similar privileges and are located 23 within sixty miles of the perimeter of the state park , forest, 24 or recreation area for which the department is establishing 25 fees. Such fees may be increased, reduced, or waived by 26 the department on a statewide basis or on the basis of an 27 individual state park , forest, or recreation area for special 28 promotional events or efforts or on the basis of special 29 seasonal or holiday rates. 30 Sec. 3. Section 462A.12A, Code 2022, is amended to read as 31 follows: 32 462A.12A Online watercraft education courses. 33 1. The department shall develop requirements and standards 34 for online watercraft education courses. Only vendors who have 35 -1- LSB 5318SV (1) 89 th/ns 1/ 28

S.F. 2177 entered into a memorandum of understanding written agreement 1 with the department shall be approved by the department 2 to offer an online watercraft education course that upon 3 successful completion is sufficient to result in the issuance 4 of a watercraft education certificate to the person who 5 completes the course. 6 2. A vendor approved to offer an online watercraft 7 education course as provided in subsection 1 may charge 8 a fee for the course as agreed to in the memorandum of 9 understanding agreement with the department and may also 10 collect the watercraft education certificate fee on behalf of 11 the department as agreed to in the memorandum of understanding 12 agreement . 13 DIVISION II 14 DAMS AND SPILLWAYS —— REPEAL 15 Sec. 4. Section 455A.4, subsection 1, paragraph b, Code 16 2022, is amended to read as follows: 17 b. Provide overall supervision, direction, and coordination 18 of functions to be administered by the administrators under 19 chapters 321G , 321I , 455B , 455C , 456A , 456B , 457A , 458A , 459 , 20 459A , 459B , 461A , 462A , 462B , 464A , 465C , 473 , 481A , 481B , 21 483A , 484A , and 484B . 22 Sec. 5. Section 455A.5, subsection 6, paragraphs a, b, and 23 d, Code 2022, are amended to read as follows: 24 a. Establish policy and adopt rules, pursuant to chapter 25 17A , necessary to provide for the effective administration of 26 chapter 321G , 321I , 456A , 456B , 457A , 461A , 462A , 462B , 464A , 27 465C , 481A , 481B , 483A , 484A , or 484B . 28 b. Hear appeals in contested cases pursuant to chapter 17A 29 on matters relating to actions taken by the director under 30 chapter 321G , 321I , 456A , 456B , 457A , 461A , 462A , 462B , 464A , 31 465C , 481A , 481B , 483A , 484A , or 484B . 32 d. Approve the budget request prepared by the director for 33 the programs authorized by chapters 321G , 321I , 456A , 456B , 34 457A , 461A , 462A , 462B , 464A , 481A , 481B , 483A , 484A , and 484B . 35 -2- LSB 5318SV (1) 89 th/ns 2/ 28

S.F. 2177 The commission may increase, decrease, or strike any item 1 within the department budget request for the specified programs 2 before granting approval. 3 Sec. 6. Section 455A.6, subsection 6, paragraph b, Code 4 2022, is amended to read as follows: 5 b. Hear appeals in contested cases pursuant to chapter 17A 6 on matters relating to actions taken by the director under 7 chapter 455C , 458A , 464B , or 473 . 8 Sec. 7. Section 456A.24, subsection 12, Code 2022, is 9 amended to read as follows: 10 12. Adopt rules authorizing officers and employees of the 11 department who are peace officers to issue warning citations 12 for violations of this chapter and chapters 321G , 321I , 350 , 13 456B , 457A , 461A , 461B , 461C , 462A , 462B , 464A , 465A , 465B , 14 465C , 481A , 481B , 482 , 483A , 484A , and 484B . 15 Sec. 8. Section 481A.1, unnumbered paragraph 1, Code 2022, 16 is amended to read as follows: 17 Words and phrases as used in this chapter and chapters 350 , 18 456A , 456B , 457A , 461A , 461B , 461C , 462A , 462B , 464A , 465A , 19 465B , 465C , 481B , 482 , 483A , 484A , and 484B and such other 20 chapters as relate to the subject matter of these chapters 21 shall be construed as follows: 22 Sec. 9. Section 602.8102, subsection 26, Code 2022, is 23 amended by striking the subsection. 24 Sec. 10. REPEAL. Sections 464A.1, 464A.1A, 464A.2, 464A.3, 25 464A.4, 464A.5, 464A.6, 464A.7, 464A.8, 464A.9, and 464A.10, 26 Code 2022, are repealed. 27 Sec. 11. REPEAL. Chapter 464B, Code 2022, is repealed. 28 Sec. 12. CODE EDITOR DIRECTIVE. 29 1. The Code editor is directed to transfer section 464A.11 30 to section 456A.11. 31 2. The Code editor shall correct internal references in the 32 Code and in any enacted legislation as necessary due to the 33 enactment of this section. 34 DIVISION III 35 -3- LSB 5318SV (1) 89 th/ns 3/ 28

S.F. 2177 PERSONAL FLOTATION DEVICES 1 Sec. 13. Section 462A.2, Code 2022, is amended by adding the 2 following new subsections: 3 NEW SUBSECTION . 37A. “Throwable personal flotation device” 4 means a personal flotation device that is intended to be thrown 5 to a person in the water. A personal flotation device marked 6 as type IV or type V, with type IV performance, is considered 7 throwable. Unless specifically marked otherwise, a throwable 8 personal flotation device is not a wearable personal flotation 9 device. 10 NEW SUBSECTION . 45A. “Wearable personal flotation device” 11 means a personal flotation device that is intended to be worn 12 or otherwise attached to the body. A personal flotation device 13 marked as type I, type II, type III, or type V, with type 14 I, II, or III performance, is considered wearable. Unless 15 specifically marked otherwise, a wearable personal flotation 16 device is not a throwable personal flotation device. 17 Sec. 14. Section 462A.9, subsection 6, Code 2022, is amended 18 to read as follows: 19 6. Every vessel shall carry at least one life preserver, 20 life belt, ring buoy or other device, of the sort prescribed 21 by the rules of the commission, wearable personal flotation 22 device for each passenger, which device must be of a sort 23 prescribed by the commission by rule and so placed as to be 24 readily accessible. This subsection does not apply to a vessel 25 which is a racing shell used in the sport of sculling or to a 26 sailboard while used for windsurfing. 27 Sec. 15. Section 462A.9, subsection 8, paragraph b, Code 28 2022, is amended to read as follows: 29 b. The operator of a motorboat, while engaged in such race, 30 must wear a crash helmet and life preserver wearable personal 31 flotation device of a sort prescribed by the commission by 32 rule . 33 Sec. 16. Section 462A.12, subsection 15, Code 2022, is 34 amended to read as follows: 35 -4- LSB 5318SV (1) 89 th/ns 4/ 28

S.F. 2177 15. A person shall not operate a vessel on the waters of 1 this state under the jurisdiction of the commission unless 2 every person on board the vessel who is under thirteen years 3 of age is wearing a type I, II, III, or V personal flotation 4 device , including “float coats” that meet this definition, that 5 is approved as a wearable personal flotation device by the 6 United States coast guard, while the vessel is under way. This 7 subsection does not apply when the person under thirteen years 8 of age is in an enclosed cabin or below deck, or is a passenger 9 on a commercial vessel with a passenger capacity of twenty-five 10 persons or more. 11 Sec. 17. Section 462A.12, Code 2022, is amended by adding 12 the following new subsection: 13 NEW SUBSECTION . 16. A person shall not operate a vessel 14 that is sixteen feet or more in length, except a canoe or 15 kayak, on the waters of this state under the jurisdiction of 16 the commission unless at least one throwable personal flotation 17 device is readily accessible on board the vessel. 18 DIVISION IV 19 BOATING WHILE INTOXICATED 20 Sec. 18. Section 321J.24, subsection 1, paragraph a, Code 21 2022, is amended to read as follows: 22 a. “Appropriate victim” means a victim whose condition 23 demonstrates the results of a motor vehicle or boating accident 24 involving intoxicated drivers operators, as applicable to 25 the participant, without being excessively traumatic to the 26 participant, as determined by the tour supervisor. 27 Sec. 19. Section 321J.24, subsection 2, Code 2022, is 28 amended to read as follows: 29 2. A reality education substance abuse prevention program 30 is established in those judicial districts where the chief 31 judge of the judicial district authorizes participation in the 32 program. Upon a conviction or adjudication for a violation 33 of section 321J.2 or 462A.14 , or the entry of a deferred 34 judgment concerning a violation of section 321J.2 or 462A.14 , 35 -5- LSB 5318SV (1) 89 th/ns 5/ 28

S.F. 2177 the court or juvenile court may order participation in the 1 reality education substance abuse prevention program as a term 2 and condition of probation or disposition in addition to any 3 other term or condition of probation or disposition required or 4 authorized by law. The court or juvenile court shall require 5 the defendant or delinquent child to abstain from consuming any 6 controlled substance, alcoholic liquor, wine, or beer while 7 participating in the program. 8 Sec. 20. Section 321J.24, subsection 5, paragraph a, 9 subparagraph (1), Code 2022, is amended to read as follows: 10 (1) A hospital or other emergency medical care facility 11 which regularly receives appropriate victims of motor vehicle 12 accidents , to observe treatment of appropriate victims of motor 13 vehicle accidents involving intoxicated drivers , under the 14 supervision of a registered nurse, physician, paramedic, or 15 emergency medical technician. 16 Sec. 21. Section 462A.14, subsection 2, Code 2022, is 17 amended to read as follows: 18 2. A person who violates subsection 1 commits: 19 a. A serious misdemeanor for the first offense, punishable 20 by all of the following: 21 (1) Imprisonment A minimum period of imprisonment in the 22 county jail for not less than of forty-eight hours, but not 23 to exceed one year, to be served as ordered by the court, 24 less credit for any time the person was confined in a jail or 25 detention facility following arrest , or for any time the person 26 spent in a court-ordered operating-while-intoxicated program 27 that provides law enforcement security . However, the court, 28 in ordering service of the sentence and in its discretion, may 29 accommodate the defendant’s work schedule. 30 (2) Assessment of a fine of one thousand two hundred fifty 31 dollars. However, in the discretion of the court, if no 32 personal or property injury has resulted from the defendant’s 33 actions, up to five six hundred twenty-five dollars of the 34 fine may be waived. As an alternative to a portion or all of 35 -6- LSB 5318SV (1) 89 th/ns 6/ 28

S.F. 2177 the fine, the court may order the person to perform unpaid 1 community service. However, the court shall not order the 2 person to perform unpaid community service in lieu of a 3 civil penalty assessed pursuant to subparagraph (5) or victim 4 restitution ordered pursuant to subsection 9 or any other 5 applicable law. Surcharges and fees shall also be assessed 6 pursuant to chapter 911. 7 (3) Prohibition of operation of a motorboat or sailboat for 8 one year, pursuant to court order. 9 (4) Assignment to substance abuse evaluation and treatment, 10 pursuant to subsection 12 , and a course for drinking drivers if 11 available and appropriate, a reality education substance abuse 12 prevention program pursuant to section 321J.24 . 13 (5) (a) With the consent of the defendant, the court may 14 defer judgment pursuant to section 907.3 and may place the 15 defendant on probation upon conditions as it may require. Upon 16 a showing that the defendant is not fulfilling the conditions 17 of probation, the court may revoke probation and impose any 18 sentence authorized by law. Before taking such action, the 19 court shall give the defendant an opportunity to be heard on 20 any matter relevant to the proposed action. Upon violation 21 of the conditions of probation, the court may proceed as 22 provided in chapter 908. Upon fulfillment of the conditions 23 of probation and the payment of fees imposed and not waived by 24 the judicial district department of correctional services under 25 section 905.14, the defendant shall be discharged without entry 26 of judgment. 27 (b) Upon the entry of a deferred judgment, a civil penalty 28 shall be assessed as provided in section 907.14 in an amount 29 not less than the amount of the criminal fine authorized 30 pursuant to subparagraph (2). 31 b. An aggravated misdemeanor for a second offense, 32 punishable by all of the following: 33 (1) Imprisonment A minimum period of imprisonment in the 34 county jail or community-based correctional facility for not 35 -7- LSB 5318SV (1) 89 th/ns 7/ 28

S.F. 2177 less than of seven days but not to exceed two years . 1 (2) Assessment of a fine of not less than one thousand 2 five hundred at least one thousand eight hundred seventy-five 3 dollars nor more than five thousand but not to exceed six 4 thousand two hundred fifty dollars. Surcharges and fees shall 5 be assessed pursuant to chapter 911. 6 (3) Prohibition of operation of a motorboat or sailboat for 7 two years, pursuant to court order. 8 (4) Assignment to substance abuse evaluation and treatment, 9 pursuant to subsections 12 and 13 , and a course for drinking 10 drivers if available and appropriate, a reality education 11 substance abuse prevention program pursuant to section 321J.24 . 12 c. A class “D” felony for a third offense and each 13 subsequent offense, punishable by all of the following: 14 (1) Imprisonment in the county jail for a determinate 15 sentence of not more than one year but not less than thirty 16 days, or committed to the custody of the director of the 17 department of corrections. A person convicted of a third or 18 subsequent offense may be committed to the custody of the 19 director of the department of corrections, who shall assign 20 the person to a facility pursuant to section 904.513 or the 21 offender may be committed to treatment in the community under 22 the provisions of section 907.13 . Commitment to the custody 23 of the director of the department of corrections for an 24 indeterminate term not to exceed five years, with a mandatory 25 minimum term of thirty days. 26 (a) If the court does not suspend a person's sentence of 27 commitment to the custody of the director of the department of 28 corrections under this subparagraph (1), the person shall be 29 assigned to a facility pursuant to section 904.513. 30 (b) If the court suspends a person’s sentence of commitment 31 to the custody of the director of the department of corrections 32 under this subparagraph (1), the court shall order the person 33 to serve not less than thirty days nor more than one year in the 34 county jail, and the person may be committed to treatment in 35 -8- LSB 5318SV (1) 89 th/ns 8/ 28

S.F. 2177 the community under section 907.6. 1 (2) Assessment of a fine of not less than two thousand five 2 hundred at least three thousand one hundred twenty-five dollars 3 nor more than seven thousand five hundred but not to exceed 4 nine thousand three hundred seventy-five dollars. Surcharges 5 and fees shall be assessed pursuant to chapter 911. 6 (3) Prohibition of operation of a motorboat or sailboat for 7 six years, pursuant to court order. 8 (4) Assignment to substance abuse evaluation and treatment, 9 pursuant to subsections 12 and 13 , and a course for drinking 10 drivers if available and appropriate, a reality education 11 substance abuse prevention program pursuant to section 321J.24 . 12 d. A class “D” felony for any offense under this 13 section resulting in serious injury to persons other than 14 the defendant, if the court determines that the person who 15 committed the offense caused the serious injury, and shall 16 be imprisoned for a determinate sentence of not more than 17 five years but not less than thirty days, or committed to the 18 custody of the director of the department of corrections, and 19 assessed a fine of not less than two thousand five hundred 20 dollars nor more than seven thousand five hundred dollars. A 21 person convicted of a felony offense may be committed to the 22 custody of the director of the department of corrections, who 23 shall assign the person to a facility pursuant to section 24 904.513 . The court shall also order that the person not 25 operate a motorboat or sailboat for one year in addition to 26 any other period of time the defendant would have been ordered 27 not to operate if no injury had occurred in connection with 28 the violation. The court shall also assign the defendant 29 to substance abuse evaluation and treatment pursuant to 30 subsections 12 and 13 , and a course for drinking drivers. 31 e. A class “B” felony for any offense under this section 32 resulting in the death of persons other than the defendant, if 33 the court determines that the person who committed the offense 34 caused the death, and shall be imprisoned for a determinate 35 -9- LSB 5318SV (1) 89 th/ns 9/ 28

S.F. 2177 sentence of not more than twenty-five years, or committed to 1 the custody of the director of the department of corrections. 2 A person convicted of a felony offense may be committed to 3 the custody of the director of the department of corrections, 4 who shall assign the person to a facility pursuant to section 5 904.513 . The court shall also order that the person not 6 operate a motorboat or sailboat for six years. The court shall 7 also assign the defendant to substance abuse evaluation and 8 treatment pursuant to subsections 12 and 13 , and a course for 9 drinking drivers. 10 Sec. 22. Section 462A.14, subsection 3, Code 2022, is 11 amended by striking the subsection and inserting in lieu 12 thereof the following: 13 3. The court shall not do any of the following for a 14 violation of this section: 15 a. Defer judgment if prohibited under section 907.3, 16 subsection 1. 17 b. Defer the sentence if prohibited under section 907.3, 18 subsection 2. 19 c. Suspend the sentence if prohibited under section 907.3, 20 subsection 3. 21 Sec. 23. Section 462A.14, subsection 4, unnumbered 22 paragraph 1, Code 2022, is amended to read as follows: 23 In determining if a violation charged is a second or 24 subsequent offense for purposes of criminal sentencing or 25 license or privilege revocation prohibition on the operation 26 of a motorboat or sailboat under this section , all of the 27 following apply : 28 Sec. 24. Section 462A.14, subsection 7, Code 2022, is 29 amended to read as follows: 30 7. a. This section does not apply to a person operating 31 a motorboat or sailboat while under the influence of a drug 32 if the person submitted to chemical testing of the person’s 33 blood or urine as required under section 462A.14A or under 34 the authority of a valid search warrant, and if the substance 35 -10- LSB 5318SV (1) 89 th/ns 10/ 28

S.F. 2177 was prescribed for the person and was taken under the 1 prescription and in accordance with the directions of a medical 2 practitioner as defined in chapter 155A or if the substance was 3 dispensed by a pharmacist without a prescription pursuant to 4 the rules of the board of pharmacy, if there is no evidence 5 of the consumption of alcohol and the medical practitioner 6 or pharmacist had not directed the person to refrain from 7 operating a motor vehicle, or motorboat or sailboat. 8 b. When charged with a violation of subsection 1 , paragraph 9 “c” , or in a hearing under section 462A.14B, subsection 2, 10 involving a person whose blood or urine was tested despite 11 the person’s refusal to submit, in accordance with section 12 462A.14D, a person may assert, as an affirmative defense, that 13 the controlled substance present in the person’s blood or 14 urine was prescribed or dispensed for the person and was taken 15 in accordance with the directions of a practitioner and the 16 labeling directions of the pharmacy, as that person and place 17 of business are defined in section 155A.3 . 18 Sec. 25. Section 462A.14, subsection 8, paragraph c, Code 19 2022, is amended by striking the paragraph and inserting in 20 lieu thereof the following: 21 c. The department of public safety shall adopt nationally 22 accepted standards for determining detectable levels 23 of controlled substances in the division of criminal 24 investigation’s initial laboratory screening test for 25 controlled substances. 26 Sec. 26. Section 462A.14, subsection 12, paragraphs d and e, 27 Code 2022, are amended to read as follows: 28 d. The court may prescribe the length of time for the 29 evaluation and treatment or the court may request that 30 the community college or licensed substance abuse program 31 conducting the course for drinking drivers which the defendant 32 is ordered to attend or the treatment program to which the 33 defendant is committed immediately report to the court when 34 the defendant has received maximum benefit from the course for 35 -11- LSB 5318SV (1) 89 th/ns 11/ 28

S.F. 2177 drinking drivers or treatment program or has recovered from the 1 defendant’s addiction, dependency, or tendency to chronically 2 abuse alcohol or drugs. 3 e. Upon successfully completing a course for drinking 4 drivers or an ordered substance abuse treatment program, a 5 court may place the defendant on probation for six months and 6 as a condition of probation, the defendant shall attend a 7 program providing posttreatment services relating to substance 8 abuse as approved by the court. 9 Sec. 27. Section 462A.14A, subsection 4, paragraphs b, c, f, 10 and g, Code 2022, are amended to read as follows: 11 b. If the peace officer fails to offer a test within two 12 hours after the preliminary screening test is administered 13 or refused, or the arrest is made, whichever occurs first, a 14 test is not required under this section , and there shall be 15 no suspension prohibition of motorboat or sailboat operation 16 privileges. 17 c. Refusal to submit to a chemical test of urine or breath 18 is deemed a refusal to submit, and the peace officer shall 19 inform the person that the person’s refusal will result in the 20 suspension prohibition of the person’s privilege to operate a 21 motorboat or sailboat. 22 f. A person who is dead, unconscious, or otherwise in a 23 condition rendering the person incapable of consent or refusal 24 is deemed not to have withdrawn the consent provided by this 25 section , and the test may be given if a licensed physician , 26 physician assistant, or advanced registered nurse practitioner 27 certifies in advance of the test that the person is dead, 28 unconscious, or otherwise in a condition rendering that person 29 incapable of consent or refusal. If the certification is oral, 30 a written certification shall be completed by the physician, 31 physician assistant, or advanced registered nurse practitioner 32 within a reasonable time of the test. 33 g. A Except in a case involving a person described in 34 paragraph “f” or in a case where the chemical test is sought 35 -12- LSB 5318SV (1) 89 th/ns 12/ 28

S.F. 2177 pursuant to a valid search warrant, a person who has been 1 requested to submit to a chemical test shall be advised by a 2 peace officer of the following: pursuant to section 462A.14C. 3 (1) A refusal to submit to the test is punishable by 4 a mandatory civil penalty of five hundred to two thousand 5 dollars, and suspension of motorboat or sailboat operating 6 privileges for at least a year. In addition, if the person 7 is also convicted of operating a motorboat or sailboat while 8 intoxicated, the person shall be subject to additional 9 penalties. 10 (2) If the person submits to the test and the results 11 indicate an alcohol concentration equal to or in excess of 12 the level prohibited under section 462A.14 and the person 13 is convicted, the person’s motorboat or sailboat operating 14 privileges will be suspended for at least one year and up to 15 six years, depending upon how many previous convictions the 16 person has under this chapter , and whether or not the person 17 has caused serious injury or death, in addition to any sentence 18 and fine imposed for a violation of section 462A.14 . 19 Sec. 28. Section 462A.14A, subsection 6, Code 2022, is 20 amended to read as follows: 21 6. Only a licensed physician, licensed physician assistant 22 as defined in section 148C.1 , medical technologist, or 23 registered nurse, acting at the request of a peace officer, may 24 withdraw a specimen of blood for the purpose of determining the 25 alcohol concentration or the presence of a controlled substance 26 or other drugs. However, any peace officer, using devices and 27 methods approved by the commissioner of public safety, may take 28 a specimen of a person’s breath or urine for the purpose of 29 determining the alcohol concentration or the presence of drugs. 30 Only new equipment kept under strictly sanitary and sterile 31 conditions shall be used for drawing blood. Medical personnel 32 who use reasonable care and accepted medical practices in 33 withdrawing blood specimens are immune from liability for their 34 actions in complying with requests made of them pursuant to 35 -13- LSB 5318SV (1) 89 th/ns 13/ 28

S.F. 2177 this section . 1 Sec. 29. Section 462A.14A, subsection 8, Code 2022, is 2 amended to read as follows: 3 8. In any prosecution under section 462A.14 , evidence 4 of the results of analysis of a specimen of the defendant’s 5 blood, breath, or urine is admissible upon proof of a proper 6 foundation. The alcohol concentration established by the 7 results of an analysis of a specimen of the defendant’s 8 blood, breath, or urine withdrawn within two hours after the 9 defendant was operating or was otherwise in physical control 10 of a motorboat or sailboat is presumed to be the alcohol 11 concentration at the time of operation or being in physical 12 control of the motorboat or sailboat. If a person refuses 13 to submit to a chemical test, proof of refusal is admissible 14 in any civil or criminal action or proceeding arising out 15 of acts alleged to have been committed while the person was 16 operating a motorboat or sailboat in violation of section 17 462A.14 . This section does not limit the introduction of 18 any competent evidence bearing on the question of whether a 19 person was under the influence of an alcoholic beverage or a 20 controlled substance or other drug, including the results of 21 chemical tests of specimens of blood, breath, or urine obtained 22 more than two hours after the person was operating a motorboat 23 or sailboat. 24 Sec. 30. Section 462A.14A, Code 2022, is amended by adding 25 the following new subsections: 26 NEW SUBSECTION . 9. If a person refuses to submit to a 27 chemical test, proof of refusal is admissible in any civil or 28 criminal action or proceeding arising out of acts alleged to 29 have been committed while the person was operating a motorboat 30 or sailboat in violation of section 462A.14. 31 NEW SUBSECTION . 10. This section does not limit the 32 introduction of any competent evidence bearing on the question 33 of whether a person was under the influence of an alcoholic 34 beverage or a controlled substance or other drug, including 35 -14- LSB 5318SV (1) 89 th/ns 14/ 28

S.F. 2177 the results of chemical tests of specimens of blood, breath, 1 or urine obtained more than two hours after the person was 2 operating a motorboat or sailboat. 3 Sec. 31. Section 462A.14B, Code 2022, is amended to read as 4 follows: 5 462A.14B Refusal to submit —— penalty. 6 1. If a person refuses to submit to the chemical testing 7 under section 462A.14A , a test shall not be given unless the 8 procedure in a warrant is obtained pursuant to section 462A.14D 9 is invoked or chapter 808 . However, if the person refuses the 10 test, the person shall may be punishable punished by the court 11 according to this section . 12 2. The court, upon petition of the state in a criminal 13 action or proceeding arising out the acts alleged to have 14 been committed while the person was operating a motorboat or 15 sailboat in violation of section 462A.14, shall order a hearing 16 be scheduled. The court, for cause and upon its own motion or 17 upon application by an indigent person or a public defender, 18 shall appoint the state public defender’s designee pursuant 19 to section 13B.4 to represent the person in proceedings under 20 this section. Upon a finding that the officer had reasonable 21 ground grounds to believe the person to have been operating a 22 motorboat or sailboat in violation of section 462A.14 , that 23 specified conditions existed for chemical testing pursuant to 24 section 462A.14A , and that the person refused to submit to the 25 chemical testing, the court shall : 26 a. Order order that the person shall not operate a motorboat 27 or sailboat for one year. 28 b. Impose a mandatory civil penalty as follows: 29 (1) For a first refusal under this section , five hundred 30 dollars. 31 (2) For a second refusal under this section , one thousand 32 dollars. 33 (3) For a third or subsequent refusal under this section , 34 two thousand dollars. 35 -15- LSB 5318SV (1) 89 th/ns 15/ 28

S.F. 2177 3. If the person does not pay the civil penalty by the time 1 the one-year order not to operate expires, the court shall 2 extend the order not to operate a motorboat or sailboat for an 3 additional year, and may also impose penalties for contempt. 4 In a proceeding regarding a prohibition of operating privileges 5 under this section, evidence of the results of analysis of 6 a specimen of the defendant’s blood, breath, or urine is 7 admissible upon proof of a proper foundation. The alcohol 8 concentration established by the results of an analysis of a 9 specimen of the defendant’s blood, breath, or urine withdrawn 10 within two hours after the defendant was operating a motorboat 11 or sailboat is presumed to be the alcohol concentration at the 12 time of such operation. 13 4. The court shall not defer judgment or sentencing, or 14 suspend execution of any order or fine applicable under this 15 section . Costs of any proceeding under this section may be 16 assessed to the defendant upon issuance of an order prohibiting 17 operation of a motorboat or sailboat entered pursuant to 18 subsection 2. Such costs shall be considered category “B” 19 restitution as defined in section 910.1 and upon request of the 20 defendant, the court shall determine the defendant’s reasonable 21 ability to pay pursuant to section 910.2A and shall enter 22 orders consistent with that determination. Where the court 23 has found, pursuant to subsection 2, that an order prohibiting 24 operation of a motorboat or sailboat is not warranted, costs 25 shall be assessed to the state. 26 5. The penalties imposed by this section shall apply in 27 addition to any penalties imposed under section 462A.14 , except 28 that the one-year period under the order not to operate a 29 motorboat or sailboat under this section shall be imposed and 30 run concurrently with any period of time a defendant is ordered 31 not to operate a motorboat or sailboat under section 462A.14 . 32 Sec. 32. Section 462A.14C, subsection 1, Code 2022, is 33 amended to read as follows: 34 1. A person who has been requested to submit to a chemical 35 -16- LSB 5318SV (1) 89 th/ns 16/ 28

S.F. 2177 test shall be advised by a peace officer of the following: 1 a. A refusal to submit to the test is punishable by a 2 mandatory civil penalty of five hundred to two thousand 3 dollars, and suspension prohibition of motorboat or sailboat 4 operating privileges for at least a one year. In addition, 5 if the person is also convicted of operating a motorboat or 6 sailboat while intoxicated a crime under this chapter , the 7 person shall be subject to additional penalties as specified in 8 this chapter at a criminal sentencing . 9 b. If the person submits to the test and the results 10 indicate the presence of a controlled substance or other drug, 11 or an alcohol concentration equal to or in excess of the 12 level prohibited by section 462A.14 person is convicted of a 13 crime under this chapter , the person’s privilege to operate a 14 motorboat or sailboat will be prohibited for at least one year, 15 and up to six years person shall be subject to prohibitions and 16 additional penalties as specified in this chapter at a criminal 17 sentencing . 18 Sec. 33. Section 462A.14D, subsections 1, 2, and 5, Code 19 2022, are amended to read as follows: 20 1. Refusal to consent to a test under section 462A.14A does 21 not prohibit the withdrawal of a specimen for chemical testing 22 pursuant to a search warrant issued in the investigation of a 23 suspected violation of section 462A.14 if all of the following 24 grounds exist: 25 a. An accident has resulted in a death or personal injury 26 reasonably likely to cause death. 27 b. There are reasonable grounds to believe that one or more 28 of the persons whose operation of a motorboat or sailboat may 29 have been the proximate cause of the accident was violating 30 section 462A.14 at the time of the accident . Search warrants 31 may be issued in full compliance with chapter 808 or search 32 warrants may be issued under this section. A search warrant 33 obtained pursuant to chapter 808 is not invalidated by the 34 nonexistence of a condition set forth in subsection 2. 35 -17- LSB 5318SV (1) 89 th/ns 17/ 28