Relates to the establishment of safety requirements for moveable soccer goals.
TITLE OF BILL: An act to amend the general business law, in relation to safety requirements for moveable soccer goals
PURPOSE: To prevent injuries and fatalities resulting from improperly secured portable soccer goals by requiring the department of state to develop regulations to establish safety standards for such soccer goals.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends the general business law by adding a new section 399-j. This new section requires the department of state, in consultation with the office of parks and recreation, to develop regulations to establish safety standards for moveable soccer goals. The new section requires that any person, firm, corporation, or other legal entity that erects a moveable soccer goal must do so in accordance with the regulations established in order to ensure that the goal is properly secured and anchored into the ground. The new section also defines the term "moveable soccer goal", sets forth certain exemptions, and establishes penalties.
Section 2 of the bill is the effective date.
JUSTIFICATION: Athletics are an important activity in the lives of many children. Although participation in athletic activity has some inherent risks, unnecessary risks associated with sports should be addressed. The issue of unsecured soccer goals is one such risk. Over the years, many children have been injured (some fatally) due to a moveable soccer goal that was not adequately secured or anchored to the ground. Such injuries 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. This legislation highlights the need for NYS rules for portable soccer goals and seeks to provide safety requirements at the state level. Although the United States Consumer Product Safety Commission publishes its guidelines, this legislation raises awareness of the issue and will help prevent injuries by establishing New York standards.
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.
STATE OF NEW YORK ________________________________________________________________________ 6811 IN SENATE March 12, 2014 ___________Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to safety require- ments 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-j to read as follows: S 399-J. SAFETY STANDARDS; MOVEABLE SOCCER GOALS. 1. THE DEPARTMENT OF STATE, IN CONSULTATION WITH THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, SHALL PROMULGATE RULES AND REGULATIONS ESTABLISH- ING SAFETY STANDARDS FOR ANCHORING, SECURING AND COUNTER-WEIGHTING A MOVEABLE SOCCER GOAL. SUCH REGULATIONS SHALL SUBSTANTIALLY COMPLY WITH THE GUIDELINES FOR MOVEABLE SOCCER GOAL SAFETY PRODUCED BY THE UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION OR ANY SUCCESSOR COMMISSION OR AGENCY. FOR THE PURPOSES OF THIS SECTION, THE TERM "MOVEABLE 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. 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; PROVIDED HOWEVER, THAT MOVEABLE SOCCER GOALS ERECTED UPON ONE, TWO AND THREE-FAMILY RESI- DENTIAL REAL PROPERTY SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS SECTION. 3. 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 YORKEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14408-01-4 S. 6811 2
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 NOR THAT THE DEFENDANT KNOWINGLY 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 CERTI- FIED 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.