SB1269 96TH GENERAL ASSEMBLY

LRB096 08690 JDS 18820 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1269

Introduced 2/10/2009, by Sen. Heather Steans

SYNOPSIS AS INTRODUCED:

New Act

Creates the Lead Sinker Act. Prohibits any person from selling, supplying, distributing or offering to sell, supply, or distribute lead sinkers and lead jigs. Prohibits the use of lead sinkers and lead jigs to take fish in freshwater lakes, ponds, rivers, streams, brooks, and similar bodies of water over which the Department of Natural Resources ("the Department") has jurisdiction under the Rivers, Lakes, and Streams Act. Requires the Department, after consulting with the Illinois State Board of Education, to institute an educational program that meets certain requirements. Requires the Department to (i) notify the public about the Act's prohibitions; (ii) enforce the Act; (iii) confiscate, under certain circumstances, lead jigs or lead sinkers that it finds in the course of enforcing the Act; and (iv) suspend, for not more than 6 months, the hunting and fishing privileges of a person who uses a lead sinker or lead jig to take fish in violation of the Act. Provides fines for violations. Effective one year after becoming law.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Lead Sinker Act.

Section 5. Legislative findings and declarations. The General Assembly finds and declares the following:

(a) The wildlife of Illinois is a valuable natural resource and an integral part of the economic and social fabric of our citizenry;

(b) A review of the available scientific literature indicates that lead sinkers and lead jigs pose a significant hazard to water birds that accidentally ingest them;

(c) Lead is a toxic metal known to cause many health problems in water birds, including an increasing susceptibility to disease, predation, and infection. A single lead sinker can cause the death of a water bird within two weeks;

(d) Lead has been linked to human health problems, including brain damage, mental retardation, behavior problems, anemia, liver and kidney damage, hearing loss, hyperactivity, developmental delays, other physical and mental problems, and, in extreme cases, death. Lower IQ scores, slower development, and more attention problems have been observed in children exposed to lead;

(e) Lead sinkers are small and easily swallowed, and they pose a toxic hazard to children. Furthermore, many anglers make their own sinkers or make sinkers in their home for sale to others. If proper precautions are not taken, lead vapors and dust can impact anyone within the household; and

(f) Effective and comparably-priced alternatives to lead sinkers and lead jigs exist, and it would be irresponsible to continue to allow the use of toxic products and the deposition of those products in our waters.

Section 10. Definitions. For the purposes of this Act, the terms below are defined as follows:

"Department" means the Department of Natural Resources.

"Lead jig" means any lead weighted fishing hook that measures less than 1.5 inches along its longest axis and that contains one ounce of lead or less.

"Lead sinker" means any device that is designed to be attached to fishing line for the purpose of sinking the line, and that contains one ounce of lead or less.

"Person" means any human, organization, agency, corporation, or other entity.

Section 15. Prohibition on sale or distribution. No person shall sell, supply, distribute or offer to sell, supply, or distribute any lead sinker or lead jig.

Section 20. Restriction on use. No person shall use any lead sinker or lead jig to take fish in a freshwater lake, pond, river, stream, brook, or similar body of water over which the Department has jurisdiction under Section 5 of the Rivers, Lakes, and Streams Act.

Section 25. Educational program.

(a) To discourage the use of lead, the Department, after consulting with the Illinois State Board of Education, shall, within one year after the effective date of this Act, institute an educational program that provides all of the following:

(1) Press releases, articles, or both for distribution to the news media;

(2) An informational brochure for distribution at training programs sponsored by the Department;

(3) Informational videos for use by television outlets;

(4) Informational posters for posting at boat-access kiosks and on bulletin boards;

(5) A mobile display for use at public events; and

(6) Any other educational tool or information that the Department may find useful in its efforts to educate the public about the hazards associated with the use of lead products.

(b) The purpose of the educational program required under subsection (a) of this Section is to inform the public about the adverse, though unintended, effects of lead on wildlife; ways to reduce the introduction of lead into the environment through personal action; the potential risk to public health from working with lead; and the availability of alternatives to lead jigs and sinkers.

(c) The Department may request appropriations from the General Assembly to support the educational program required by this Section.

Section 30. Enforcement and Penalties.

(a) The Department must do all of the following:

(1) Notify the citizens of the State about the prohibitions in Sections 15 and 20 of this Act.

(2) Enforce this Act.

(3) Confiscate, after providing the required due process hearing, any lead jig or lead sinker found in the course of enforcing this Act.

(4) Suspend, for not more than 6 months, the hunting and fishing privileges of a person who violates Section 20 of this Act.

(b) A person who violates Section 15 of this Act is guilty of a business offense and must pay a fine of $1,000. Each day during which a person violates Section 15 of this Act constitutes a separate offense.

(c) A person who violates Section 20 of this Act is guilty of a business offense and must pay a fine not to exceed $100.

Section 99. Effective date. This Act takes effect 1 year after becoming law.