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91_SB0881enr SB881 Enrolled 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 SB881 Enrolled -2- LRB9105847SMdvA 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 Enrolled -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 Enrolled -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 SB881 Enrolled -5- LRB9105847SMdvA 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.