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91_SB0881sam001
LRB9105847SMdvam01
1 AMENDMENT TO SENATE BILL 881
2 AMENDMENT NO. . Amend Senate Bill 881 by replacing
3 the title with the following:
4 "AN ACT regarding safe and hygienic beds."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. Short title. This Act may be cited as the
8 Safe and Hygienic Bed Act.
9 Section 5. Definitions. As used in this Act:
10 "Attorney General" means the Attorney General of the
11 State of Illinois.
12 "Bedding" means any mattress, box spring, foundation, or
13 studio couch made in whole or part from new or secondhand
14 fabric, filling material, or other textile product or
15 material and which can be used for sleeping or reclining
16 purposes.
17 "Consumer" means a person who purchases or otherwise
18 acquires bedding for sleeping or reclining purposes in that
19 person's home or business such as a medical facility or
20 lodging establishment, and does not include wholesalers,
21 retailers, or other persons who acquire bedding for purposes
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1 of resale or other distribution.
2 "Department" means the Illinois Department of Public
3 Health.
4 "Manufacturer" means a person who makes any article of
5 bedding in whole or in part using new or secondhand fabric,
6 filling material, or other textile product or material.
7 "New material" means any fabric, filling material, other
8 textile product or material, or article of bedding that has
9 not been previously used for any purpose, and includes
10 by-products of any textile or manufacturing process that are
11 free from dirt, insects, and other contamination.
12 "Person" means an individual, sole proprietorship,
13 partnership, limited liability company, corporation, joint
14 venture, association, trust, and any other entity, and the
15 officers, employees, and agents of any of them.
16 "Renovator", "Rebuilder", and "Repairer" mean a person
17 who repairs, makes over, recovers, restores, sanitizes,
18 germicidally treats, cleans, or renews bedding.
19 "Sanitizer" means any person who sanitizes or
20 germicidally treats or cleans (but does not otherwise alter)
21 any fabric, filling material, other textile product or
22 material, or article of bedding for use in manufacturing or
23 renovating bedding.
24 "Secondhand material" means any fabric, filling material,
25 other textile product or material, or article of bedding that
26 has been previously used for any purpose or that is derived
27 from post-consumer or industrial waste, and that may be used
28 in place of or in addition to new material in manufacturing
29 or renovating bedding.
30 Section 10. Label required. All bedding which is
31 manufactured, renovated, sanitized, sold, or distributed
32 within the State must bear a clear and conspicuous label that
33 states whether the bedding is made from all new materials or
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1 is made in whole or in part from secondhand material. The
2 label shall conform to standards issued by the Department in
3 administrative rules and shall not be altered or removed
4 except by the consumer.
5 Section 15. Registration required. All manufacturers,
6 renovators, rebuilders, repairers, and sanitizers whose work
7 products may be sold to retailers, wholesalers, or consumers
8 within the State of Illinois shall register with the
9 Department on or before January 1 of each year and shall pay
10 a registration fee established by administrative rule.
11 Section 20. Use of secondhand material. Every
12 manufacturer, renovator, rebuilder, repairer, or sanitizer of
13 used bedding shall remove the outer fabric, the inner foam,
14 the pad, any other fabric, and any other textile product,
15 material, or component and shall inspect each such item for
16 soiling, malodor, and pest infestation prior to the sale or
17 distribution of the article. If any material or component of
18 used bedding appears to be soiled, malodorous, or infested,
19 that material or component cannot be reused, sold, or
20 distributed for use in any bedding product.
21 Section 25. Use of new material. Every manufacturer,
22 renovator, rebuilder, repairer, and sanitizer shall inspect
23 all new material for soiling, malodor, and pest infestation
24 prior to use, sale, or distribution of the article. If any
25 new material appears to be soiled, malodorous, or infested,
26 that material cannot be used, sold, or distributed for use in
27 any bedding product.
28 Section 30. Rules. The Department shall promulgate
29 administrative rules necessary to implement, interpret, and
30 make specific the provisions of this Act, including but not
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1 limited to rules concerning labels, registration, sanitation,
2 and fees. Rules concerning labels may incorporate by
3 reference uniform standards, norms, or testing procedures
4 that are issued, promulgated, or accepted by recognized
5 government, public, or industry organizations. Fees
6 established by rule shall be in amounts reasonable and
7 necessary to defray the costs to the Department of
8 administering this Act.
9 Section 35. Violation. Any person who violates any
10 provision of this Act or the rules promulgated under this Act
11 shall be guilty of a business offense punishable by a fine of
12 $10,000 and shall be guilty of committing an unlawful act or
13 practice pursuant to Section 2 of the Consumer Fraud and
14 Deceptive Business Practices Act. Each day of violation of
15 this Act or rules promulgated under this Act shall constitute
16 a separate offense.
17 Section 40. Nuisance; injunction. Violation of Section
18 20 or Section 25 of this Act is declared a public nuisance
19 inimical to the public health and welfare. The Attorney
20 General or the State's Attorney of the county in which the
21 violation occurs may, in addition to other remedies provided
22 in this Act, bring action for injunction to restrain the
23 violation.
24 Section 45. Severability. If any provision of this Act
25 or the application of this Act to any person or circumstance
26 is held invalid, the invalidity shall not affect the other
27 provisions or applications of the Act which can be given
28 effect without the invalid provision or application, and to
29 this end the provisions of this Act are severable.
30 Section 905. The Consumer Fraud and Deceptive Business
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1 Practices Act is amended by changing Section 2Z as follows:
2 (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
3 Sec. 2Z. Violations of other Acts. Any person who
4 knowingly violates the Automotive Repair Act, the Dance
5 Studio Act, the Physical Fitness Services Act, the Hearing
6 Instrument Consumer Protection Act, the Illinois Union Label
7 Act, the Job Referral and Job Listing Services Consumer
8 Protection Act, the Travel Promotion Consumer Protection Act,
9 the Credit Services Organizations Act, the Automatic
10 Telephone Dialers Act, the Pay-Per-Call Services Consumer
11 Protection Act, the Telephone Solicitations Act, the Illinois
12 Funeral or Burial Funds Act, the Cemetery Care Act, the Safe
13 and Hygienic Bed Act, or the Pre-Need Cemetery Sales Act
14 commits an unlawful practice within the meaning of this Act.
15 (Source: P.A. 89-72, eff. 12-31-95; 89-615, eff. 8-9-96;
16 90-426, eff. 1-1-98.)
17 Section 999. Effective date. This Act takes effect upon
18 becoming law.".