Tougher drunken boating law gets legislative approval

DES MOINES – Operators of power boats and sail boats on Iowa lakes, rivers, streams and ponds will face the same standard for “drunken boating” as drivers of motor vehicles on Iowa highways under legislation heading to Gov. Terry Branstad's desk for his expected signature.

On Tuesday senators agreed to accept changes made by the House to Senate File 7. They then voted 41-9 to approve the revised measure that will lower the blood alcohol content threshold from .10 percent to .08 effective July 1 to determine whether a person operating a power boat with the motor running or a sail boat with the sail up on Iowa waterways is above the legal limit for intoxication. Iowa has had the .08 percent BAC standard for drunken driving on Iowa highways since 2003.

“I absolutely believe it will save lives,” said Sen. David Johnson, R-Ocheyedan, who has pushed for the so-called drunken boating measure since 2006. “In the last decade, we've had perhaps 20 deaths on the waters of our state and many of those are alcohol related. It's an issue anywhere that people are out using water recreation.”

The Senate had repeatedly approved the tougher blood alcohol standard for drunken boating in previous legislative sessions only to see the measure stall in the House.

“Quite frankly, there were some legislators who thought we were taking the fun out of fishing,” Johnson said. “But, by no means, we're putting the safety into fishing and other water recreational activities.”

During a brief Senate debate Tuesday, Sen. Dennis Black, D-Grinnell, said he opposed changes made by the House that he did not believe were needed and would “throw a few impediments in front of” state officers who are charged with enforcing state laws on Iowa waterways. He later joined 24 other Democrats and 16 GOP senators in voting for the bill, while eight Republicans and Sen. Steve Sodders, D-State Center, opposed it.

Sen. Dick Dearden, D-Des Moines, chairman of the Senate Natural Resources Committee and the bill's floor manager, said the change is needed because motor boats can travel at speeds of 45-50 mph with no brakes. He also said it is inconsistent for a person to be legally operating a watercraft with a BAC of .09 percent who then parks the craft and could be cited for drunken driving when getting into a nearby car or truck.

“We've had some deaths, near-deaths and some horrific accidents so, in the long run, it's really good for the boating public,” Dearden said of Senate File 7. “You can't ever keep people from driving and drinking, but I think the culture has changed on that in the last few years. Somebody can drink all that they want on a power boat or a sailboat as long as they aren't in control of the power boat or sail boat. So, it doesn't stop you from getting really drunk and silly, but you're not supposed to be driving when you're doing that on a boat.”

Branstad spokesman Tim Albrecht said the governor is supportive of lowering the boating BAC to .08 percent to conform with the highway driving BAC of .08 percent.

“He will examine this bill when it reaches his desk. He will make a final decision upon reviewing the legislation in its final form,” he said.

Johnson noted that “the governor has promised to sign the bill.”

Under Iowa law, a first-time conviction for operating a boat while intoxicated currently is a serious misdemeanor carrying a penalty of up to 48 hours in jail, a fine of up to $1,000 plus $100 in court costs and a prohibition on operating a watercraft for up to one year. The penalties escalate to up to a year in jail, a fine of up to $7,500 and up to six years being barred from operating for a third, felony conviction.

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