RELATING TO A .08 BLOOD ALCOHOL LIMIT FOR MOTORBOAT OR SAILBOAT OPERATING WHILE INTOXICATED OFFENSES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 462A.2, subsection 24, Code 2011, is amended to read as follows:
   24.  “Operate” means to navigate or otherwise use a vessel or motorboat.  For the purposes of section 462A.12, subsection 2, sections 462A.14, 462A.14A, 462A.14B, 462A.14C, 462A.14D, and 462A.14E, and section 462A.23, subsection 2, paragraph “b”, “operate”, when used in reference to a motorboat, means the motorboat is powered by a motor which is running, and when used in reference to a sailboat, means the sailboat is either powered by a motor which is running, or has sails hoisted and is not propelled by a motor, and is under way.

   Sec. 2.  Section 462A.14, subsection 1, paragraph b, Code 2011, is amended to read as follows:
   b.  While having an alcohol concentration of .10 .08 or more.

______________________________
JOHN P. KIBBIE
President of the Senate

______________________________
KRAIG PAULSEN
Speaker of the House

   I hereby certify that this bill originated in the Senate and is known as Senate File 7, Eighty-fourth General Assembly.

______________________________
MICHAEL E. MARSHALL
Secretary of the Senate
Approved _______________, 2011

______________________________
TERRY E. BRANSTAD
Governor