THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE RESOLUTION

INTRODUCED BY WOZNIAK, FONTANA, STOUT, ALLOWAY AND BOSCOLA, JULY 17, 2009

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JULY 17, 2009  

A RESOLUTION

Urging the Congress of the United States to pass legislation

amending the Consumer Product Safety Improvement Act of 2008

to exclude youth all-terrain vehicles, motorcycles and

snowmobiles from the lead-limit requirements of the Consumer

Product Safety Improvement Act of 2008.

WHEREAS, A new Federal law, the Consumer Product Safety

Improvement Act of 2008 (Public Law 110-314, 122 Stat. 3016),

aimed at protecting children from lead in toys, has also forced

a nationwide halt in sales of off-road motorcycles and

recreational vehicles built for young riders, a multimillion-

dollar industry that was thriving despite the recession; and

WHEREAS, On February 10, 2009, the Consumer Product Safety

Improvement Act of 2008 requirements that limit the lead content

in all products made for children went into effect; and

WHEREAS, Under the Consumer Product Safety Improvement Act of

2008, "children's product" means a consumer product designed or

intended primarily for children 12 years of age or younger; and

WHEREAS, Youth-model all-terrain vehicles (ATVs), off-highway

motorcycles and snowmobiles, as well as the parts and

accessories for youth ATVs, motorcycles and snowmobiles, are

severely impacted by the new lead limits established under the

Consumer Product Safety Improvement Act of 2008; and

WHEREAS, As a result of the Consumer Product Safety

Improvement Act of 2008, thousands of powersports dealers were

told to halt all sales of new and used vehicles designed for

children 12 years of age and younger; and

WHEREAS, Consumers have borrowed significant amounts of money

on untold hundreds of thousands of youth ATVs, motorcycles and

snowmobiles; and

WHEREAS, Parts for these youth ATVs, motorcycles and

snowmobiles are unavailable, which in many cases renders the

ATVs, motorcycles and snowmobiles inoperable or not safe to

operate or causes the machines to perform improperly; and

WHEREAS, Congress needs to adopt a common sense approach to

the implementation of the lead provisions in the Consumer

Product Safety Improvement Act of 2008 in order to avoid major

disruptions to youth ATV, motorcycle and snowmobile enthusiasts,

owners, manufacturers and the dealer network of thousands of

small, independent businesses which employ tens of thousands of

Americans; and

WHEREAS, While protecting children from those products that

truly present a lead risk is important, there should be an

exclusion for products that do not truly present a lead risk to

children; and

WHEREAS, While the Consumer Product Safety Improvement Act of

2008 provides for exclusions and authorizes the Consumer Product

Safety Commission to grant exclusions under certain conditions,

to date, the Consumer Product Safety Commission has not granted

any exclusions for youth ATVs, motorcycles and snowmobiles; and

WHEREAS, Although the Consumer Product Safety Commission has

issued a stay until May 1, 2011, any further delay in providing

permanent relief for youth ATVs, motorcycles and snowmobiles

creates an untenable situation for thousands of owners,

manufacturers and dealers, many of whom are small businesses;

and

WHEREAS, Large inventories of products that present no health

risk to children are rendered retroactively illegal, and future

products are prohibited from sale; and

WHEREAS, State Attorneys General have the authority to

enforce the Consumer Product Safety Improvement Act of 2008

regardless of the stay; therefore be it

RESOLVED, That the Senate of the Commonwealth of Pennsylvania

urge the Congress of the United States to pass legislation that

excludes all youth all-terrain vehicles, off-highway motorcycles

and snowmobiles from the provisions of the Consumer Product

Safety Improvement Act of 2008; and be it further

RESOLVED, That a copy of this resolution be transmitted to

the President of the United States, the presiding members of

each house of Congress, each member of Congress from

Pennsylvania and the members of the Consumer Product Safety

Commission.