February Session, 2008
LCO No. 3939
REP. OLSON, 46th Dist.
REP. MEGNA, 97th Dist.
REP. MUSHINSKY, 85th Dist.
REP. MOUKAWSHER, 40th Dist.
"AN ACT CONCERNING THE CONTROL OF LYME DISEASE. "
After the last section, add the following and renumber sections and internal references accordingly:
"Sec. 501. Section 22a-248 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):
As used in sections 22a-247 to 22a-249, inclusive, 22a-250 and 22a-251:
(1) "Commissioner" means the Commissioner of Environmental Protection or his designated agent as defined in subsection (b) of section 22a-2;
(2) "Department" means the Department of Environmental Protection;
(3) "Person" means person as defined in subsection (c) of section 22a-2;
(4) "Litter" means any discarded, used or unconsumed substance or waste material, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, fishing line, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material which has not been deposited in a litter receptacle;
(5) "Litter bag" means a bag, sack or other container made of any material which is large enough to serve as a receptacle for litter inside a motor vehicle or watercraft of any person and is not necessarily limited to the state recommended litter bag but shall be similar in size and capacity;
(6) "Litter receptacle" means a receptacle suitable for the depositing of litter;
(7) "Vehicle" includes every device capable of being moved upon a public highway and in, upon or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human or animal power or used exclusively upon stationary rails or tracks;
(8) "Watercraft" means any boat, ship, vessel, barge or other floating craft;
(9) "Public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests;
(10) "Recycling" means the process of sorting, cleansing, treating and reconstituting waste or other discarded material for the purpose of using the altered form;
(11) "Recycling center" means any facility at which recyclable material is processed or stored, separated or prepared for reuse or resale;
(12) "Dump" means to discard (A) more than one cubic foot in volume of litter at one time or (B) furniture, garbage bags or contents thereof or other similar materials. Material which has been placed at a location with an intent to leave it indefinitely at such location, or material which has not been removed from a location within forty-five days, is deemed discarded.
Sec. 502. Section 26-112 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):
The commissioner may, after notice and public hearing, issue regulations governing fishing for all species of fish and the taking of all bait species in the inland district, which regulations may: (1) Establish the open and closed seasons, which may be modified by decreasing or increasing the number of days on any specific species, (2) establish hours, days or periods during the open season when fishing shall not be permitted in designated waters for all or limited species, (3) prescribe the legal methods of taking, (4) establish the legal length, (5) establish the daily creel limit, the season creel limit and the possession limit, (6) restrict or prohibit wading in streams or portions thereof, fishing from boats, canoes, rafts and other floating devices and fishing from designated land areas, (7) establish the maximum number of persons, boats, canoes and other floating devices that may use any area of water for fishing, (8) require that a permit be obtained from the landowner or his agent, or from the commissioner or an agent of the department, to enter upon designated premises or areas for the purpose of fishing, and further require that such permit be returned within a specified time to the issuing authority with an accurate report of all fish taken under such permit, time spent on the area and any other data required by the commissioner for management purposes, (9) restrict or prohibit the use of any craft other than manually propelled, (10) designate areas of land and water that shall be restricted for the exclusive use of children or the physically handicapped. For the purpose of protecting public and private interests and preventing unreasonable conduct and abuses by fishermen, and to provide reasonable control of the actions and behavior of such persons, said commissioner may issue regulations and orders to (11) provide that entrance to and exit from streams, lakes and ponds shall be restricted to rights-of-way designated by posters or that consent shall be obtained from the landowner or his agent, (12) establish reasonable distances from the banks of streams, lakes and ponds beyond which fishermen shall not trespass, (13) prohibit crossing over lawns and lands under cultivation, (14) prohibit damage to property, livestock and agricultural crops, (15) prohibit swimming and picnicking in designated areas, (16) prohibit the operation or parking of vehicles on designated portions of public and private roads, parking areas, lanes, passageways, rights-of-way, fields and lots, (17) prohibit the discarding of bottles, glass, cans, paper, junk, litter and trash, including, but not limited to, fishing line, and (18) control the launching, anchoring, mooring, storage and abandonment of boats, trailers and related equipment on properties under the control of the commissioner.
Sec. 503. (NEW) (Effective October 1, 2008) Each sport fishing license issued pursuant to part III of chapter 490 of the general statutes shall contain a conspicuous statement printed on such license stating that any person who discards fishing line in the waters of the state, on public property of the state or on private property not owned by such person, shall be subject to a fine under section 22a-250 of the general statutes. "