An Act concerning boat safety and amending P.L.1987, c.453.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1987, c.453 (C.12:7-60) is amended to read as follows:

1. a. The Superintendent of State Police in the Department of Law and Public Safety shall establish a list of approved boat safety courses, offered by public or private persons or agencies for profit or otherwise and taught by approved boat safety instructors. Approved courses shall provide formal instruction in power vessel handling and safety. The superintendent may approve a boat safety course upon the initiative of the superintendent or by application on a form to be created by the superintendent.

For the purposes of this section, "approved boat safety course" means a boat safety course that meets qualifications set forth in regulations promulgated by the Superintendent of State Police, in consultation with the Attorney General; the regulations shall require at least eight hours of instruction, with a minimum of six hours of classroom instruction, or, if the boat safety course is offered via the Internet, require at least the equivalent of eight hours of instruction; whether offered in a classroom or via the Internet, the boat safety course shall conclude with a closed-book written examination administered by an instructor in person and present with the person taking the written examination.

For the purposes of this section, an "approved boat safety instructor" means an individual who is trained and experienced in the art and science of navigation and seamanship and who holds a United States Coast Guard operator's license, or a certification as an instructor as provided by the United States Coast Guard Auxiliary, the United States Power Squadron, the National Safe Boating Council or other certification program that is determined to be acceptable by the Superintendent of State Police. A public or private entity which offers a course that was approved by the superintendent prior to the effective date of this act may continue to offer that course until that approval has expired.

The superintendent shall, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), adopt rules and regulations to implement this section. While developing these rules and regulations, the Superintendent of State Police shall consult with the National Association of State Boating Law Administrators, or its successor organization, concerning the provisions of the rules and regulations being adopted pursuant to this subsection.

The superintendent shall expand the written examination to include up to five questions concerning loading a boat, passenger capacity of boats, and United States Coast Guard Passenger Capacity Information Plates. The superintendent shall require that approved boat safety courses include additional information necessary to answer questions on the written examination concerning loading and capacity.

b. A public or private entity authorized to offer a boat safety course pursuant to subsection a. of this section shall not employ an instructor who:

(1) does not possess a valid boat safety certificate required by section 2 of P.L.1987, c.453 (C.12:7-61); or

(2) has been convicted of any of the following crimes and offenses as evidenced by a criminal history record background check:

(a) In New Jersey, any crime or disorderly persons offense:

(i) involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.2C:11-1 et seq., N.J.S.2C:12-1 et seq., N.J.S.2C:13-1 et seq., N.J.S.2C:14-1 et seq. or N.J.S.2C:15-1 et seq.;

(ii) against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.2C:24-1 et seq.;

(iii) involving theft as set forth in chapter 20 of Title 2C of the New Jersey Statutes;

(iv) involving any controlled dangerous substance or controlled substance analog as set forth in chapter 35 of Title 2C of the New Jersey Statutes except paragraph (4) of subsection a. of N.J.S.2C:35-10;

(v) involving weapons or firearms, meaning those crimes and disorderly persons offenses set forth in chapters 39 and 58 of Title 2C of the New Jersey Statutes;

(vi) involving falsification of records under N.J.S.2C:21-4 or tampering with public records or information under N.J.S.2C:28-7.

(b) In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in subparagraph a. of this paragraph.

The Marine Services Bureau in the Division of State Police shall obtain the instructor's name, address, fingerprints and written consent for a criminal history record background check to be performed pursuant to this paragraph. The Marine Services Bureau is authorized to receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation consistent with applicable State and federal laws, rules and regulations. The Marine Services Bureau shall determine whether the person is disqualified from employment as an instructor based on the person's criminal history record background check and render the decision to the public or private entity.

The instructor shall bear the cost for the criminal history record background check, including all costs of administering and processing the check, but a volunteer instructor shall be afforded a fee reduction as authorized by applicable State and federal law, rule and regulation.

(cf: P.L.2005, c.292, s.5)

2. This act shall take effect on the first day of the seventh month after enactment, but the Superintendent of State Police may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act

STATEMENT

Under current law, operators of power vessels over 12 feet, with certain exceptions, are required to successfully complete a boat safety course approved by the Superintendent of State Police, including a written examination.

This bill requires the Superintendent of State Police to expand the written examination to include up to five questions concerning loading a boat, passenger capacity of boats, and United States Coast Guard Passenger Capacity Information Plates. The superintendent also is to require that approved boat safety courses include additional information necessary to answer questions on the written examination concerning loading and capacity.

Certain boats under 20 feet built on or after November 1, 1972 are required to have a capacity plate approved by the United States Coast Guard. The capacity plate lists a safe motor size, the maximum number of persons to be carried on board. and the total weight the boat is able to carry including persons, motor, and gear. Some manufacturers include a capacity label on any boat they manufacture.

It is dangerous to overload a small boat because it can capsize more easily than a larger boat. Under State law, an operator may be convicted of careless operation of a vessel or death by auto or vessel for loading a vessel beyond the maximum capacity stated on the Coast Guard capacity label or any manufacturer's capacity label.

On July 4, 2012, three children died in a tragic accident when a 34-foot yacht carrying 27 passengers capsized in the waters off Long Island after an Independence Day fireworks show. Law enforcement officials are investigating whether the accident was caused by the operator overloading the vessel with passengers. The sponsors introduced this bill to ensure that recreational boaters are educated about the dangers of overloading and overcrowding their vessels.