S T A T E   O F   N E W   Y O R K
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                                  6811

                            I N  S E N A T E

                             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 YORK

 EXPLANATION--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.