Connecticut Seal

General Assembly

 

Committee Bill No. 59

January Session, 2011

 

LCO No. 2450

 

*02450SB00059ENV*

Referred to Committee on Environment

 

Introduced by:

 

(ENV)

 

AN ACT PROHIBITING THE SALE OR USE OF FISHING SINKERS, JIGS AND TIRE WEIGHTS THAT CONTAIN LEAD.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2012) (a) On and after October 1, 2012, no person, while replacing or balancing a tire on a motor vehicle that is required to be registered pursuant to the general statutes, shall use a wheel weight or other product for balancing motor vehicle wheels if such wheel weight or other balancing product contains lead that was intentionally added during the manufacture of such wheel weight or balancing product.

(b) On and after October 1, 2012, no person shall sell, offer to sell, market or distribute any wheel weight or other product for balancing motor vehicle wheels if such wheel weight or other balancing product contains lead that was intentionally added during the manufacture of such wheel weight or balancing product.

(c) The Department of Consumer Protection shall have authority to enforce the provisions of this section. Any person who violates the provisions of this section shall pay a civil penalty not to exceed five thousand dollars for each offense. Each violation shall be a separate and distinct offense and, in the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The Attorney General, upon complaint of the commissioner, shall institute an action in superior court for the judicial district of Hartford to recover such penalty.

(d) Any person who knowingly violates the provisions of this section shall, upon conviction, be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both.

(e) If any person violates any provision of this section, the commissioner may request the Attorney General to bring an action in the superior court for the judicial district of Hartford to enjoin such person from continuing such violation.

Sec. 2. (NEW) (Effective October 1, 2012) (a) On and after October 1, 2012, no person shall sell, offer to sell, market, distribute or use any lead sinker or lead jig for the taking of fish in any waters of the state.

(b) The Department of Environmental Protection shall have authority to enforce the provisions of this section. Any person who violates the provisions of this section shall pay a civil penalty not to exceed five hundred dollars for each offense. Each violation shall be a separate and distinct offense and, in the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense.

(c) Any person who knowingly violates the provisions of this section shall, upon conviction, be fined not more than five thousand dollars or imprisoned not more than one year, or both.

(d) If any person violates any provision of this section, the commissioner may request the Attorney General to bring an action in the superior court for the judicial district of Hartford to enjoin such person from continuing such violation.

(e) For purposes of this section, "lead sinker'' means any sinker made from lead, the lead portion of which has a mass of one ounce or less, and "lead jig'' means a lead weighted hook that measures less than one inch along its longest axis. Lead sinkers and lead jigs shall not include lead fishing-related items including, but not limited to, fishing line, flies, lures or spoons.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2012

New section

Sec. 2

October 1, 2012

New section

Statement of Purpose:

To reduce lead poisoning of birds and fish.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]

Co-Sponsors:

SEN. MEYER, 12th Dist.

S.B. 59