A00309 Summary:

BILL NO    A00309 

SAME AS    SAME AS S01346

SPONSOR    Dinowitz (MS)

COSPNSR    Gottfried, Jaffee, Hikind, Mosley, Otis

MLTSPNSR   Arroyo, Brennan, Cook, Perry, Rivera

Amd SS383 & 387, add S385-b, Gen Bus L

Provides for the sanitization of every used mattress or bedding material
transported, stored or sold in the state.
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A00309 Actions:

BILL NO    A00309 

01/07/2015 referred to consumer affairs and protection
02/10/2015 reported referred to codes
02/25/2015 reported referred to ways and means
04/28/2015 reported 
04/30/2015 advanced to third reading cal.222
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A00309 Votes:

There are no votes for this bill in this legislative session.
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A00309 Memo:

 BILL NUMBER:  A309

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

 PURPOSE OR GENERAL IDEA OF BILL :  This bill addresses the growing
concerns regarding infestations of bedbugs, as well as the co-mingling
of new and used bedding.

 SUMMARY OF SPECIFIC 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
resort 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 50-fold over the last five years,
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 :  2013-14: A.8476 Passed Assembly/S.57 -
Referred to Consumer Protection 2011-12: A.4243-A Passed
Assembly/S.358-A - Committed to Rules 2010: A.7691C- Vetoed Memo
6735/5.7316- Vetoed 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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A00309 Text:

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

                                          309

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 7, 2015
                                      ___________

       Introduced by M. of A. DINOWITZ, GOTTFRIED, JAFFEE, HIKIND, MOSLEY, OTIS
         --  Multi-Sponsored  by  --  M.  of  A. ARROYO, BRENNAN, BROOK-KRASNY,
         CAMARA, COOK, PERRY, RIVERA -- read once and referred to the Committee
         on Consumer Affairs and 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:

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

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00249-01-5
       A. 309                              2

    1  LISHED IN REGULATION BY THE DEPARTMENT  OF  STATE  PURSUANT  TO  SECTION
    2  THREE  HUNDRED  EIGHTY-FIVE OF THIS ARTICLE OR ENCLOSED IN NON-PERMEABLE
    3  PLASTIC, POLYETHYLENE FILM OR SIMILAR MATERIAL DESIGNED TO  PREVENT  THE
    4  PASSAGE OF CONTAMINANTS.  SHIPPING BAGS OR SIMILAR PRODUCTS SHALL NOT BE
    5  USED AS THE NON-PERMEABLE COVER REQUIRED BY THIS SUBDIVISION.
    6    S  3.  Section  387 of the general business law, as amended by chapter
    7  249 of the laws of 1999, is amended to read as follows:
    8    S 387. Inspections. Every place where articles of  bedding  are  made,
    9  remade  or  renovated, or materials therefor are prepared or sterilized,
   10  or where such articles or  materials  are  sold,  shall  be  subject  to
   11  inspection by the secretary of state who shall have power to inspect the
   12  manufacture, sale or delivery, and sanitization of all articles or mate-
   13  rials  covered by this article, to open and examine the contents thereof
   14  and power to seize and hold for evidence  any  article  of  bedding,  in
   15  whole  or  in part, which the secretary has reason to believe is made or
   16  sold or held in possession in violation of this article.  THE  FREQUENCY
   17  OF  SUCH  INSPECTIONS  SHALL  BE  AT  THE DISCRETION OF THE SECRETARY OF
   18  STATE, PROVIDED, HOWEVER, THAT EVERY PLACE WHERE ARTICLES OF BEDDING ARE
   19  MADE, REMADE OR RENOVATED, OR MATERIALS THEREFORE ARE PREPARED OR STERI-
   20  LIZED, OR WHERE SUCH ARTICLES OR MATERIALS ARE SOLD, SHALL BE  INSPECTED
   21  AT  LEAST  ONCE  DURING  ANY  CONTINUOUS THREE YEAR PERIOD IN WHICH SUCH
   22  PLACE IS REGISTERED PURSUANT TO THIS ARTICLE. For the purpose of  admin-
   23  istering  and  enforcing  the  provisions  of this article the secretary
   24  shall have and may use the powers conferred on him by the executive  law
   25  in addition to the powers conferred in this article.
   26    S 4. This act shall take effect on the one hundred eightieth day after
   27  it shall have become a law.
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