NY State Senate Bill 2017-S587A

Senate Bill S587A

Signed By Governor

2017-2018 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 Via A5227 - Signed by Governor

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
Nov 29, 2017	approval memo.18 signed chap.413
Nov 17, 2017	delivered to governor
Jun 21, 2017	returned to assembly passed senate 3rd reading cal.248 substituted for s587a
Jun 21, 2017	substituted by a5227a
Jun 05, 2017	amended on third reading 587a
Mar 01, 2017	advanced to third reading
Feb 28, 2017	2nd report cal.
Feb 14, 2017	1st report cal.248
Jan 04, 2017	referred to consumer protection

Votes

- Jun 21, 2017 - Floor Vote
  A5227
  
  62
  
  Aye
  
  0
  
  Nay
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2017
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      absent (1)
      
      Sanders Jr.
  Feb 14, 2017 - Consumer Protection Committee Vote
  S587A
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: Feb 14, 2017
      
      aye (11)
      
      Amedore
      
      Boyle
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Funke
      
      Hamilton
      
      Helming
      
      Latimer
      
      Robach
      
      Serrano

Bill Amendments

Original

A (Active)

2017-S587 - Details

See Assembly Version of this Bill:: A5227
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
2015-2016: S1346, A309

2017-S587 - Summary

Provides for the sanitization of every used mattress or bedding material transported, stored or sold in the state; and regulates and restricts the transport and storage of used bedding.

2017-S587 - Sponsor Memo

                                 BILL NUMBER:  S587

 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 :

2015-2016--S.1346
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.

2017-S587 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    587
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 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.
   § 2. The general business law is amended by adding a new section 385-b
 to read as follows:
   § 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.
                                                            LBD00097-01-7

 S. 587                              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.
   §  3.  Section  387 of the general business law, as amended by chapter
 249 of the laws of 1999, is amended to read as follows:
   § 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 THEREFOR 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.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

2017-S587A (ACTIVE) - Details

See Assembly Version of this Bill:: A5227
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
2015-2016: S1346, A309

2017-S587A (ACTIVE) - Summary

Provides for the sanitization of every used mattress or bedding material transported, stored or sold in the state; and regulates and restricts the transport and storage of used bedding.

2017-S587A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S587A

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

 PURPOSE :

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

 SUMMARY OF PROVISIONS :

Section 1 amends subdivisions 2 and 3 of Section 383 of the General
Business Law, as added by Chapter 309 of 1996 by clarifying existing
definitions under the law.

Section 2 adds a new section Section 385-b to the General Business
Law, which details how used bedding is to be transported, stored
and/or sold.

Section 3 amends Section 387 of the General Business Law, as
previously amended by Chapter 249 of the laws of 199, by will
requiring inspections of bedding manufacturers, or the repurposing
points for components thereof, at least every three years.

Section 4 sets forth the effective date.

 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.

 FISCAL IMPACT :

To be determined.

 LEGISLATIVE HISTORY :

2015-16 - S.1346
2013-14 - S.57
2011-12 - S.358-A
2010 - S.7316-B/A.7691-C (Veto Memo6735)

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

2017-S587A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  587--A
     Cal. No. 248
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 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.
   § 2. The general business law is amended by adding a new section 385-b
 to read as follows:
   §  385-B.    TRANSPORT,  STORAGE  AND SALE OF USED BEDDING. 1. NO USED
 BEDDING SHALL BE IN DIRECT CONTACT WITH NEW BEDDING IN A  STORAGE  WARE-
 HOUSE,  OR  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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00097-02-7

 S. 587--A                           2
 
   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
 PASSAGE OF CONTAMINANTS.
   § 3. Section 387 of the general business law, as  amended  by  chapter
 249 of the laws of 1999, is amended to read as follows:
   §  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 THEREFOR 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.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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