NY State Senate Bill 2015-S1346

Senate Bill S1346

2015-2016 Legislative Session

Provides for the sanitization of every used mattress or bedding material transported, stored or sold in the state

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to consumer protection
Jan 12, 2015	referred to consumer protection

2015-S1346 (ACTIVE) - Details

See Assembly Version of this Bill:: A309
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §§383 & 387, add §385-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7316, A7691
2011-2012: S358, A4243
2013-2014: S57, A245, A8476
2017-2018: S587, A5227

2015-S1346 (ACTIVE) - Summary

Provides for the sanitization of every used mattress or bedding material transported, stored or sold in the state.

2015-S1346 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1346

TITLE OF BILL:  An act to amend the general business law, in relation
to articles of bedding

PURPOSE:

This bill addresses the growing concerns regarding infestations of
bedbugs, as well as the comingling of new and used bedding.

SUMMARY OF PROVISIONS:

This bill amends Article 25 (Articles of Bedding) of the general
business law.

Section 385-b details how used bedding is transported, stored or sold.

Section 387 will require inspections of bedding manufacturers every
three years.

JUSTIFICATION:

Bedbugs have become more prevalent. News releases have indicated that
bedbugs have appeared in the county's finest hotels like the Ramada
Plaza in San Francisco, the five-star Westin in Hollywood, Florida,
and the Regency Inn and Suites in New York City. According to the

National Pest Management Association, bed bug complaints have
increased fiftyfold over the decade, appearing in apartments, mansions
and dormitories in nearly every corner of the country. At one point
this pest was virtually eliminated, however, it has made a comeback.
The problem has even seen legislation proposed at the federal level.
In 2008, Rep. G. X. Butterfield sponsored the "Don't Let the Bed Bugs
Bite Act of 2008."

Cross contamination between contaminated used and new furniture has
contributed to the spread of this pest. This legislation address the
need for sanitizing second-hand bedding, and preventing used bedding
that has not been sanitized from being transported, stored or sold
with new bedding.

LEGISLATIVE HISTORY:

2013-2014 - S.57
2011-12: S.358-A
2010: S.7316-B/A.7691-C (Veto Memo # 6735)

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2015-S1346 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1346

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 12, 2015
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in  relation  to  articles  of
  bedding

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 2 and 3 of section 383 of the general business
law, as added by chapter 309 of the laws of 1996, are amended to read as
follows:
  2. "New" shall mean any material or article which has not been  previ-
ously  used for any purpose, including by-products produced in the manu-
facture of new fabric, and material reclaimed from new  fabric[;  except
that  an  article  of  bedding  returned  by the purchaser for exchange,
alteration, or correction, within thirty days  after  date  of  delivery
after  original sale at retail, shall be deemed to be a new article, but
thirty days after date of such delivery such article shall be deemed  to
be used];
  3.  "Used"  shall  mean  any  components,  ARTICLES  OR MATERIALS from
[previously used] bedding NOT CLASSIFIED AS NEW.
  S 2. The general business law is amended by adding a new section 385-b
to read as follows:
  S 385-B.  TRANSPORT, STORAGE AND SALE OF  USED  BEDDING.  1.  NO  USED
BEDDING SHALL BE STORED OR SOLD WITH NEW BEDDING UNLESS THE USED BEDDING
HAS BEEN SANITIZED IN ACCORDANCE WITH THE STANDARDS ESTABLISHED IN REGU-
LATION  BY  THE  DEPARTMENT  OF  STATE PURSUANT TO SECTION THREE HUNDRED
EIGHTY-FIVE OF THIS ARTICLE.
  2. NO USED BEDDING SHALL BE TRANSPORTED WITH NEW  BEDDING  UNLESS  THE
USED  BEDDING HAS BEEN SANITIZED IN ACCORDANCE WITH THE STANDARDS ESTAB-
LISHED IN REGULATION BY THE DEPARTMENT  OF  STATE  PURSUANT  TO  SECTION
THREE  HUNDRED  EIGHTY-FIVE OF THIS ARTICLE OR ENCLOSED IN NON-PERMEABLE
PLASTIC, POLYETHYLENE FILM OR SIMILAR MATERIAL DESIGNED TO  PREVENT  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00249-01-5

S. 1346                             2

PASSAGE OF CONTAMINANTS.  SHIPPING BAGS OR SIMILAR PRODUCTS SHALL NOT BE
USED AS THE NON-PERMEABLE COVER REQUIRED BY THIS SUBDIVISION.
  S  3.  Section  387 of the general business law, as amended by chapter
249 of the laws of 1999, is amended to read as follows:
  S 387. Inspections. Every place where articles of  bedding  are  made,
remade  or  renovated, or materials therefor are prepared or sterilized,
or where such articles or  materials  are  sold,  shall  be  subject  to
inspection by the secretary of state who shall have power to inspect the
manufacture, sale or delivery, and sanitization of all articles or mate-
rials  covered by this article, to open and examine the contents thereof
and power to seize and hold for evidence  any  article  of  bedding,  in
whole  or  in part, which the secretary has reason to believe is made or
sold or held in possession in violation of this article.  THE  FREQUENCY
OF  SUCH  INSPECTIONS  SHALL  BE  AT  THE DISCRETION OF THE SECRETARY OF
STATE, PROVIDED, HOWEVER, THAT EVERY PLACE WHERE ARTICLES OF BEDDING ARE
MADE, REMADE OR RENOVATED, OR MATERIALS THEREFORE ARE PREPARED OR STERI-
LIZED, OR WHERE SUCH ARTICLES OR MATERIALS ARE SOLD, SHALL BE  INSPECTED
AT  LEAST  ONCE  DURING  ANY  CONTINUOUS THREE YEAR PERIOD IN WHICH SUCH
PLACE IS REGISTERED PURSUANT TO THIS ARTICLE. For the purpose of  admin-
istering  and  enforcing  the  provisions  of this article the secretary
shall have and may use the powers conferred on him by the executive  law
in addition to the powers conferred in this article.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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