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 OR GENERAL IDEA OF BILL: 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 SPECIFIC 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 $500 for each violation. 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.
PRIOR LEGISLATIVE HISTORY: Latimer - A6660B, Oppenheimer - S4215B
FISCAL IMPLICATIONS: Minimal
EFFECTIVE DATE: On the 60th day after it has become a law.
STATE OF NEW YORK ________________________________________________________________________ 4713--B 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- 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 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08580-05-3 S. 4713--B 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 KNOWINGLY 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 FIVE HUNDRED DOLLARS FOR EACH VIOLATION. IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS KNOWINGLY VIOLATED ANY PROVISION OF THIS SECTION, NO PROOF SHALL BE REQUIRED THAT ANY PERSON HAS BEEN INJURED THEREBY. 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 OPPORTUNITY 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.