Establishes movable soccer goal safety; requires compliance with the United States consumer product safety commission's guidelines for movable soccer goal safety.
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 398-e. 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.
EXISTING LAW: None that addresses this issue
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 incident 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: S4215 (2011-12), A6660 (2010 - 2011)
FISCAL IMPLICATIONS: Minimal.
LOCAL FISCAL IMPLICATIONS: To be determined
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.
STATE OF NEW YORK ________________________________________________________________________ 4713 2013-2014 Regular Sessions IN SENATE April 19, 2013 ___________Introduced by Sen. LATIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government 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 398-e to read as follows: S 398-E. 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. (B) MOVEABLE SOCCER GOALS ERECTED UPON ONE, TWO AND THREE-FAMILY RESI- DENTIAL REAL PROPERTY SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS SECTION.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08580-01-3 S. 4713 2
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.