Assigned to HEA                                                                                                                                    AS ENACTED

 

 


 

ARIZONA STATE SENATE

Phoenix, Arizona

 

FINAL REVISED

FACT SHEET FOR S.B. 1061

 

bedding

 

Purpose

 

            Removes references to the Department of Health Services (DHS) from statutes relating to the labeling of bedding.

 

Background

 

            In 1999, the Office of the Auditor General (OAG) released a performance audit on the Bureau of Epidemiology and Disease Control Services in DHS, in which the OAG found the scope of the Office of Environmental Health to be too broad.  Among the numerous activities the Office is mandated to perform, several are delegated to county health departments while others have minimal impact on public health.  To focus on programs that are more important to public health, the OAG recommended the Office seek elimination, delegation or transfer of mandated activities that do not have the greatest impact on public health.

 

            In response, DHS prioritized its activities and responsibilities and is requesting elimination of several mandated functions, including licensing and inspecting bedding manufacturers.  According to DHS, reconditioned bedding does not present a public health threat, but false representation of reconditioned bedding as new is a consumer fraud issue.  Accordingly, S.B. 1061 eliminates the requirement of DHS to inspect bedding labeling but maintains bedding labeling requirements.

 

            Legislation to implement the OAG recommendations was introduced during both the 1999 legislative session (H.B. 2481) and the 2000 legislative session (H.B. 2151) as part of a health omnibus bill.  The 1999 legislation was vetoed by the Governor and the 2000 legislation failed in the House of Representatives.  In her veto message of the 1999 bill, the Governor stated concern with provisions in the bill relating to a tobacco tax revenue use, spending and tracking commission.

 

            There are no costs to the general fund associated with the provisions of this measure.

 

Provisions

 

1.      Eliminates the requirement of DHS to administer and enforce bedding labeling requirements.

 

2.      Requires both new and reconditioned mattress labels to include the name and address of the manufacturer or distributor or renovator.

 

3.      Requires each manufacturer, renovator and sanitizer of used bedding materials to inspect each item of the bedding for soiling, malodor and pest infestation before the sale or distribution of the bedding product.

 

4.      Prohibits the lease, sale or distribution of used bedding material if it is soiled, malodorous or infested.

 

5.      Specifies the labels must be securely attached to the bedding.

 

6.      Specifies the use of secondhand bedding materials is prohibited unless the material is disinfected.

 

7.      Makes numerous conforming and technical changes.

 

8.      Provides for a general effective date.

 

Amendments Adopted by the House of Representatives

 

1.      Requires each manufacturer, renovator and sanitizer of used bedding materials to inspect each item of the bedding for soiling, malodor and pest infestation before the sale or distribution of the bedding product.

 

2.      Prohibits the lease, sale or distribution of used bedding material if it is soiled, malodorous or infested.

 

3.      Specifies the labels must be securely attached to the bedding.

 

4.      Specifies the use of secondhand bedding materials is prohibited unless the material is disinfected.

 

5.      Makes technical changes.

 

Senate Action                                                               House Action

 

HEA                1/16/01     DP     7-0-1                        HEA                2/26/01     DPA     7-0-0-3

3rd Read           1/24/01               29-0-1                      3rd Read           3/5/01                    50-2-8

Final Read        3/27/01               29-0-1                     

 

Signed by Governor 3/29/01

Chapter 25

 

Prepared by Senate Staff

May 18, 2001