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

---

S4215B-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

S4215B-2011 Memo

BILL NUMBER:S4215B

TITLE OF BILL:
An act
to amend the general business law, in relation to
establishing safety standards for moveable soccer goals

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 180th 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:
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, however, that effective
immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed
on or before such effective date.

S4215B-2011 Text

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

                                   4215--B

                         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 -- recommitted to the Committee on Local
    Government in accordance with Senate  Rule  6,  sec.  8  --  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD08605-06-2

 S. 4215--B                          2

  SOCCER GOAL UNLESS SUCH GOAL SHALL BE ERECTED IN THE MANNER REQUIRED  BY
  THOSE RULES AND REGULATIONS PROMULGATED PURSUANT TO THIS SECTION.
    (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 one hundred eightieth day after
  it shall have become a law; provided, however, that effective immediate-
  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
  necessary for the implementation of this act on its effective  date  are
  authorized  and  directed  to  be  made  and completed on or before such
  effective date.