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STATE OF NEW YORK
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6660--A

2011-2012 Regular Sessions

IN ASSEMBLY

March 24, 2011
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Introduced  by  M. of A. LATIMER, MONTESANO -- read once and referred to
  the  Committee  on  Consumer  Affairs  and  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 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.
                                                           LBD08605-03-1
A. 6660--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.