Senate Bill S4052

                                 BILL NUMBER:  S4052A

 TITLE OF BILL :
An act to amend the general business law, in relation to the disposal
of used mattresses


 PURPOSE OR GENERAL IDEA OF BILL :
To amend the general business law, in relation to the disposal of used
mattresses.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 389-c of the general business law is renumbered 389-d and a
new section 389-c is added. 389-c:  Disposal of used mattresses. 1.
All used mattresses must be enclosed in a protective container prior
to disposal of such mattresses in this state. 2. As used in this
section, the term "container" shall mean any protective device,
material, object or covering, which fully encases or wraps a mattress.
3.  Should a commercial dealer, wholesaler or retailer of mattresses
choose to charge a fee for the removal of a mattress or mattresses,
such feel shall be no more than two percent of the purchase price of
the new mattress. 4.  Failure by a commercial dealer, wholesaler or
retailer to enclose a mattress or mattresses, such fee shall be no
more than two percent of the purchase price of the new mattress. 4.
Failure by a commercial dealer, wholesaler or retailer to enclosed a
mattress in a container prior to removal from a premise for disposal
              

shall be punishable by a civil penalty of one hundred dollars per
violation. Failure by a non-commercial entity to enclose a mattress in
a container prior to removal from a premise for disposal shall be
punishable by a civil penalty of fifty dollars per violation.

 JUSTIFICATION :
According to the Department of Health and Mental Hygiene, bed bugs
often seek refuge in bedding during the day and feed on the occupants
at night. Bed Bugs feed primarily on humans by piercing the skin as
they sleep. Although bed bugs are not generally considered human
disease carriers, they inject a fluid to assist in drawing blood,
which results in welts that becomes irritated, inflamed and
uncomfortable. A bed bug will then crawl back into hiding, where it
may remain for 80 to 140 days before returning to feed. Bed bugs
infestation had diminished substantially after the development and use
of modern insecticides, such as DOT. However, pest management
professionals have noticed a marked increase in bed bug related
complaints since 1995. Experts believe this may be related to the
increased number of U.S. citizens traveling and returning from abroad
with these insects hiding in their suitcases and clothing. According
to the DOH and MH, the use of appropriate pesticides and the thorough
cleaning of all bedding with water at extremely high temperature may
help reduce the chance of infestation.  However, even with
professional exterminating, a bed bug problem may be impossible to
eliminate. If even one adult female bed bugs survives, the area may
quickly become infested again as the adult female lays one to five
eggs every day and each egg takes only 7 to 28 days to hatch.
Therefore, it is necessary to reduce the likelihood of the spread of
bed bugs by requiring all used mattresses to be disposed of be in
protective containers and to provide and economic incentive for
persons to dispose of their waste in accordance with law.

 PRIOR LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
Unknown.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall become
law.