State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]

91_SB0881eng

 
SB881 Engrossed                               LRB9105847SMdvA

 1        AN ACT regarding safe and hygienic beds.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.   Short  title.  This Act may be cited as the
 5    Safe and Hygienic Bed Act.

 6        Section 5.  Definitions.  As used in this Act:
 7        "Attorney General" means  the  Attorney  General  of  the
 8    State of Illinois.
 9        "Bedding"  means any mattress, box spring, foundation, or
10    studio couch made in whole or part  from  new  or  secondhand
11    fabric,   filling  material,  or  other  textile  product  or
12    material and which can be  used  for  sleeping  or  reclining
13    purposes.
14        "Consumer"  means  a  person  who  purchases or otherwise
15    acquires bedding for sleeping or reclining purposes  in  that
16    person's  home  or  business  such  as  a medical facility or
17    lodging establishment,  and  does  not  include  wholesalers,
18    retailers,  or other persons who acquire bedding for purposes
19    of resale or other distribution.
20        "Department" means  the  Illinois  Department  of  Public
21    Health.
22        "Manufacturer"  means  a  person who makes any article of
23    bedding in whole or in part using new or  secondhand  fabric,
24    filling material, or other textile product or material.
25        "New  material" means any fabric, filling material, other
26    textile product or material, or article of bedding  that  has
27    not  been  previously  used  for  any  purpose,  and includes
28    by-products of any textile or manufacturing process that  are
29    free from dirt, insects, and other contamination.
30        "Person"   means   an  individual,  sole  proprietorship,
31    partnership, limited liability  company,  corporation,  joint
 
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 1    venture,  association,  trust,  and any other entity, and the
 2    officers, employees, and agents of any of them.
 3        "Renovator", "Rebuilder", and "Repairer"  mean  a  person
 4    who  repairs,  makes  over,  recovers,  restores,  sanitizes,
 5    germicidally treats, cleans, or renews bedding.
 6        "Sanitizer"   means   any   person   who   sanitizes   or
 7    germicidally  treats or cleans (but does not otherwise alter)
 8    any  fabric,  filling  material,  other  textile  product  or
 9    material, or article of bedding for use in  manufacturing  or
10    renovating bedding.
11        "Secondhand material" means any fabric, filling material,
12    other textile product or material, or article of bedding that
13    has  been  previously used for any purpose or that is derived
14    from post-consumer or industrial waste, and that may be  used
15    in  place  of or in addition to new material in manufacturing
16    or renovating bedding.

17        Section  10.   Label  required.  All  bedding  which   is
18    manufactured,  renovated,  sanitized,  sold,  or  distributed
19    within the State must bear a clear and conspicuous label that
20    states  whether the bedding is made from all new materials or
21    is made in whole or in part from  secondhand  material.   The
22    label  shall conform to standards issued by the Department in
23    administrative rules and shall  not  be  altered  or  removed
24    except by the consumer.

25        Section  15.   Registration required.  All manufacturers,
26    renovators, rebuilders, repairers, and sanitizers whose  work
27    products  may be sold to retailers, wholesalers, or consumers
28    within  the  State  of  Illinois  shall  register  with   the
29    Department  on or before January 1 of each year and shall pay
30    a registration fee established by administrative rule.

31        Section  20.    Use   of   secondhand   material.   Every
 
SB881 Engrossed             -3-               LRB9105847SMdvA
 1    manufacturer, renovator, rebuilder, repairer, or sanitizer of
 2    used  bedding  shall remove the outer fabric, the inner foam,
 3    the pad, any other fabric, and  any  other  textile  product,
 4    material,  or  component and shall inspect each such item for
 5    soiling, malodor, and pest infestation prior to the  sale  or
 6    distribution  of the article. If any material or component of
 7    used bedding appears to be soiled, malodorous,  or  infested,
 8    that  material  or  component  cannot  be  reused,  sold,  or
 9    distributed for use in any bedding product.

10        Section  25.   Use  of new material.  Every manufacturer,
11    renovator, rebuilder, repairer, and sanitizer  shall  inspect
12    all  new  material for soiling, malodor, and pest infestation
13    prior to use, sale, or distribution of the article.   If  any
14    new  material  appears to be soiled, malodorous, or infested,
15    that material cannot be used, sold, or distributed for use in
16    any bedding product.

17        Section 30.   Rules.   The  Department  shall  promulgate
18    administrative  rules  necessary to implement, interpret, and
19    make specific the provisions of this Act, including  but  not
20    limited to rules concerning labels, registration, sanitation,
21    and  fees.    Rules  concerning  labels  may  incorporate  by
22    reference  uniform  standards,  norms,  or testing procedures
23    that are  issued,  promulgated,  or  accepted  by  recognized
24    government,   public,   or   industry   organizations.   Fees
25    established by  rule  shall  be  in  amounts  reasonable  and
26    necessary   to   defray   the  costs  to  the  Department  of
27    administering this Act.

28        Section 35.  Violation.   Any  person  who  violates  any
29    provision of this Act or the rules promulgated under this Act
30    shall be guilty of a business offense punishable by a fine of
31    $10,000  and shall be guilty of committing an unlawful act or
 
SB881 Engrossed             -4-               LRB9105847SMdvA
 1    practice pursuant to Section 2  of  the  Consumer  Fraud  and
 2    Deceptive  Business  Practices Act.  Each day of violation of
 3    this Act or rules promulgated under this Act shall constitute
 4    a separate offense.

 5        Section 40.  Nuisance; injunction.  Violation of  Section
 6    20  or  Section  25 of this Act is declared a public nuisance
 7    inimical to the public health  and  welfare.    The  Attorney
 8    General  or  the  State's Attorney of the county in which the
 9    violation occurs may, in addition to other remedies  provided
10    in  this  Act,  bring  action  for injunction to restrain the
11    violation.

12        Section 45.  Severability.  If any provision of this  Act
13    or  the application of this Act to any person or circumstance
14    is held invalid, the invalidity shall not  affect  the  other
15    provisions  or  applications  of  the  Act which can be given
16    effect without the invalid provision or application,  and  to
17    this end the provisions of this Act are severable.

18        Section   905.  The Consumer Fraud and Deceptive Business
19    Practices Act is amended by changing Section 2Z as follows:

20        (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
21        Sec. 2Z.  Violations  of  other  Acts.   Any  person  who
22    knowingly  violates  the  Automotive  Repair  Act,  the Dance
23    Studio Act, the Physical Fitness Services  Act,  the  Hearing
24    Instrument  Consumer Protection Act, the Illinois Union Label
25    Act, the Job  Referral  and  Job  Listing  Services  Consumer
26    Protection Act, the Travel Promotion Consumer Protection Act,
27    the   Credit   Services   Organizations  Act,  the  Automatic
28    Telephone Dialers Act,  the  Pay-Per-Call  Services  Consumer
29    Protection Act, the Telephone Solicitations Act, the Illinois
30    Funeral  or Burial Funds Act, the Cemetery Care Act, the Safe
 
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 1    and Hygienic Bed Act, or  the  Pre-Need  Cemetery  Sales  Act
 2    commits an unlawful practice within the meaning of this Act.
 3    (Source:  P.A.  89-72,  eff.  12-31-95;  89-615, eff. 8-9-96;
 4    90-426, eff. 1-1-98.)

 5        Section 999.  Effective date.  This Act takes effect upon
 6    becoming law.

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