A00309 Summary:

BILL NOA00309
 
SAME ASSAME AS S01346
 
SPONSORDinowitz
 
COSPNSRGottfried, Jaffee, Hikind, Mosley, Otis
 
MLTSPNSRArroyo, 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 NOA00309
 
01/07/2015referred to consumer affairs and protection
02/10/2015reported referred to codes
02/25/2015reported referred to ways and means
04/28/2015reported
04/30/2015advanced to third reading cal.222
01/06/2016referred to consumer affairs and protection
02/02/2016reported referred to codes
02/09/2016reported referred to ways and means
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A00309 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A309
 
SPONSOR: Dinowitz (MS)
  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 Holly- wood, Florida, and the Regency Inn and Suites in New York City. Accord- ing 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 come- back. 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 eight- ieth day after it shall have become a law.
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A00309 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           309
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (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    § 2. The general business law is amended by adding a new section 385-b
    15  to read as follows:
    16    § 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    §  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    § 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    § 4. This act shall take effect on the one hundred eightieth day after
    27  it shall have become a law.
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