Establishes the movable soccer goal safety act requiring compliance with the United States consumer product safety commission's guidelines for movable soccer goal safety.

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S4215A-2011 Actions

• Mar 8, 2012: PRINT NUMBER 4215B
• Mar 8, 2012: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
• Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
• Jun 2, 2011: PRINT NUMBER 4215A
• Jun 2, 2011: AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
• Mar 23, 2011: REFERRED TO LOCAL GOVERNMENT

S4215A-2011 Memo

BILL NUMBER:S4215A

PURPOSE:
This bill is designed to prevent injuries and fatalities resulting
from improperly secured portable soccer goals by mandating that
certain safety guidelines be followed.

SUMMARY OF PROVISIONS:
Section 1 amends the general business law by adding a new section
399-ddd. Subsection 1 defines a "movable soccer goal". Subsection 2
states that the Department of State, in consultation with the Office
of Parks, Recreation, and Historic Preservation, shall promulgate the
rules and procedures for the safety standards and for the proper
anchoring or moveable soccer goals. These rules shall comport with
the "Guidelines for Movable Soccer Goal Safety" published by the U.S.
Consumer Product Safety Commission.

Subsection 3 stipulates that any person, firm, corporation, or legal
must erect the moveable soccer goal in accordance with the guidelines
defined in the article, which shall ensure that the goal is properly
secured and anchored into the ground.

Subsection 4 authorizes the Attorney General of the State of New York
to bring legal action against any person, agent, or legal entity
found in violation of the safety procedures designated in this act.
The civil penalty will not exceed $1000 for each violation and not
more than $10,000 if the violation is found to be willful and
knowing. This section also stipulates notification procedures to the
accused by the AG's office and a time period for the accused to
answer the charges.

Section 2 states that this act shall take on the 60th day after it
shall have become a law.

JUSTIFICATION:
In 2002, an 8 year old girl from Rye Brook suffered a crushed femur
when a portable goal was blown over on to due to gust of wind. This
tragedy occurred before the game even started and was the direct
result of the soccer goal not being properly anchored into the
ground. Fortunately, she has made a full recovery, but these
incidences occur throughout the country. According to the website,
Anchored for Safety, from 1979 to early 2011, there have been 36
deaths and 56 injuries due to insecurely anchored portable soccer
goals. These incidences have occurred all over the country. Children
between 9 and 11 years of age are the predominant victims.

Most recently in Arkansas, in January of 2011, a 9 year-old boy was
killed by an unsecured soccer goal that toppled over on to him when
he was playing outside at this elementary school.
The most tragic aspect is that injuries and fatalities from portable
soccer goals are easily preventable.

The United States Consumer Product Safety Commission publishes
"Guidelines for Moveable Soccer Goal Safety." These guidelines
describe how to move and properly secure the goals into the ground,
and then to check to see if they are properly anchored. The


guidelines further stipulate that warning signs or labels should be
affixed to each goal. The content of warning signs is then described
as well.

This legislation highlights the tragic consequences of improperly
secured portable soccer goals and seeks to offer safety procedures on
the state level. The federal guidelines are present, but they are
merely guidelines. This act mandates that municipalities and
personnel charged with maintaining the ball field or conducting a
game shall follow these guidelines. By raising awareness and adhering
to these safety guidelines, we can hopefully eradicate these
senseless tragedies.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
On the 60th day after it has become a law.

S4215A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   4215--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                               March 23, 2011
                                 ___________

  Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
    when printed to be committed to the Committee on Local  Government  --
    committee  discharged,  bill amended, ordered reprinted as amended and
    recommitted to said committee

  AN ACT to amend the general business law, in  relation  to  establishing
    safety standards for moveable soccer goals

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. The general business law is amended by adding a new section
  399-ddd to read as follows:

    S 399-DDD. MOVEABLE SOCCER GOAL SAFETY.  1.  DEFINITIONS  RELATIVE  TO
  SOCCER  GOAL SAFETY. FOR THE PURPOSES OF THIS SECTION, THE TERM "MOVABLE
  SOCCER GOAL" SHALL MEAN A FREESTANDING STRUCTURE CONSISTING OF AT  LEAST
  TWO UPRIGHT POSTS, A CROSSBAR, AND SUPPORT BARS THAT IS DESIGNED:

    (A)  TO  BE  USED  BY  ADULTS OR CHILDREN FOR THE PURPOSES OF A SOCCER
  GOAL;
    (B) TO BE USED WITHOUT ANY OTHER FORM OF SUPPORT  OR  RESTRAINT  OTHER
  THAN PEGS, STAKES, OR OTHER FORMS OF TEMPORARY ANCHORING DEVICE; AND
    (C) TO BE ABLE TO BE MOVED TO DIFFERENT LOCATIONS.
    2.  THE DEPARTMENT OF STATE, IN CONSULTATION WITH THE OFFICE OF PARKS,
  RECREATION AND HISTORIC PRESERVATION, SHALL PROMULGATE RULES  AND  REGU-
  LATIONS  ESTABLISHING SAFETY STANDARDS FOR ANCHORING, SECURING AND COUN-
  TER-WEIGHTING A MOVABLE SOCCER GOAL.  THOSE REGULATIONS  SHALL  SUBSTAN-
  TIALLY  COMPLY  WITH  THE  GUIDELINES  FOR  MOVABLE  SOCCER  GOAL SAFETY
  PRODUCED BY THE UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION OR  ANY
  SUCCESSOR.
    3.  (A)  NO  PERSON,  FIRM,  CORPORATION,  OR OTHER LEGAL ENTITY WHICH
  ERECTS A MOVEABLE SOCCER GOAL SHALL ERECT IN THIS  STATE  SUCH  MOVEABLE
  SOCCER  GOAL UNLESS SUCH GOAL SHALL BE ERECTED IN THE MANNER REQUIRED BY
  THOSE RULES AND REGULATIONS PROMULGATED PURSUANT TO THIS SECTION.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD08605-04-1

 S. 4215--A                          2

    (B) MOVEABLE SOCCER GOALS ERECTED UPON ONE, TWO AND THREE-FAMILY RESI-
  DENTIAL REAL PROPERTY SHALL BE EXEMPT  FROM  THE  REQUIREMENTS  OF  THIS
  SECTION.
    4. WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE FROM EVIDENCE SATISFAC-
  TORY  TO HIM OR HER THAT ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OR
  AGENT OR EMPLOYEE THEREOF HAS VIOLATED ANY PROVISION OF THIS SECTION, HE
  OR SHE MAY BRING AN ACTION IN THE SUPREME COURT OF THE STATE OF NEW YORK
  FOR A JUDGMENT ENJOINING THE CONTINUANCE OF SUCH  VIOLATION  AND  FOR  A
  CIVIL  PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION,
  EXCEPT THAT THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT  MORE  THAN  TEN
  THOUSAND  DOLLARS  IF  THE VIOLATION IS KNOWING AND WILLFUL. IF IT SHALL
  APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE  THAT  THE  DEFENDANT
  HAS  VIOLATED  ANY PROVISION OF THIS SECTION, NO PROOF SHALL BE REQUIRED
  THAT ANY PERSON HAS BEEN INJURED THEREBY NOR THAT THE DEFENDANT KNOWING-
  LY OR INTENTIONALLY VIOLATED SUCH PROVISION.  IN SUCH ACTION PRELIMINARY
  RELIEF MAY BE GRANTED UNDER ARTICLE SIXTY-THREE OF  THE  CIVIL  PRACTICE
  LAW  AND  RULES.  BEFORE  ANY  VIOLATION OF THIS SECTION IS SOUGHT TO BE
  ENJOINED, THE ATTORNEY GENERAL SHALL BE  REQUIRED  TO  GIVE  THE  PERSON
  AGAINST  WHOM  SUCH  PROCEEDING IS CONTEMPLATED NOTICE BY CERTIFIED MAIL
  AND AN OPPORTUNITY TO SHOW IN WRITING WITHIN FIVE  BUSINESS  DAYS  AFTER
  RECEIPT  OF NOTICE WHY PROCEEDINGS SHOULD NOT BE INSTITUTED AGAINST SUCH
  PERSON, UNLESS THE ATTORNEY GENERAL SHALL FIND, IN ANY CASE IN WHICH  HE
  OR  SHE  SEEKS PRELIMINARY RELIEF, THAT TO GIVE SUCH NOTICE AND OPPORTU-
  NITY IS NOT IN THE PUBLIC INTEREST.
    S 2. This act shall take effect on the sixtieth  day  after  it  shall
  have become a law.