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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
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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
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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
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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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