Bill Text: NY S04052 | 2009-2010 | General Assembly | Amended

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Bill Title: Requires used mattresses to be enclosed in protective containers prior to disposal.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CONSUMER PROTECTION [S04052 Detail]

Download: New_York-2009-S04052-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4052--A
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                     April 8, 2009
                                      ___________
       Introduced  by  Sen.  MONSERRATE  -- read twice and ordered printed, and
         when printed to be committed to the Committee on  Consumer  Protection
         --  committee  discharged,  bill amended, ordered reprinted as amended
         and recommitted to said committee
       AN ACT to amend the general business law, in relation to the disposal of
         used mattresses
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  389-c  of the general business law is renumbered
    2  389-d and a new section 389-c is added to read as follows:
    3    S 389-C. DISPOSAL OF USED MATTRESSES. 1. ALL USED MATTRESSES  MUST  BE
    4  ENCLOSED  IN A PROTECTIVE CONTAINER PRIOR TO DISPOSAL OF SUCH MATTRESSES
    5  IN THIS STATE.
    6    2. AS USED IN THIS  SECTION,  THE  TERM  "CONTAINER"  SHALL  MEAN  ANY
    7  PROTECTIVE  DEVICE, MATERIAL, OBJECT OR COVERING, WHICH FULLY ENCASES OR
    8  WRAPS A MATTRESS.
    9    3. SHOULD A COMMERCIAL DEALER, WHOLESALER OR  RETAILER  OF  MATTRESSES
   10  CHOOSE  TO    CHARGE  A FEE FOR THE REMOVAL OF A MATTRESS OR MATTRESSES,
   11  SUCH FEE SHALL BE NO MORE THAN TWO PERCENT OF THE PURCHASE PRICE OF  THE
   12  NEW MATTRESS.
   13    4. FAILURE BY A COMMERCIAL DEALER, WHOLESALER OR RETAILER TO ENCLOSE A
   14  MATTRESS  IN  A  CONTAINER  PRIOR TO REMOVAL FROM A PREMISE FOR DISPOSAL
   15  SHALL BE PUNISHABLE BY A  CIVIL  PENALTY  OF  ONE  HUNDRED  DOLLARS  PER
   16  VIOLATION. FAILURE BY A NON-COMMERCIAL ENTITY TO ENCLOSE A MATTRESS IN A
   17  CONTAINER PRIOR TO REMOVAL FROM A PREMISE FOR DISPOSAL SHALL BE PUNISHA-
   18  BLE BY A CIVIL PENALTY OF FIFTY DOLLARS PER VIOLATION.
   19    S  2.  This  act  shall take effect on the sixtieth day after it shall
   20  have become a law. Effective immediately, the addition, amendment and/or
   21  repeal of any rules or regulations necessary for the  implementation  of
   22  the  provisions  of  this  act  on its effective date are authorized and
   23  directed to be made and completed on or before such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10246-03-9