senate Bill S57

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to consumer protection
Jan 09, 2013 referred to consumer protection

S57 - Bill Details

See Assembly Version of this Bill:
A8476
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §§383 & 387, add §385-b, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S358A, A4243A
2009-2010: S7316B, A7691C
2013-2014: A245

S57 - Bill Texts

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

view sponsor memo
BILL NUMBER:S57

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 co-mingling 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 fifty fold 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:
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.

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

                                   57

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01099-01-3

S. 57                               2

PLASTIC, POLYETHYLENE FILM OR SIMILAR MATERIAL DESIGNED TO  PREVENT  THE
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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