senate Bill S4713

Amended

Establishes movable soccer goal safety

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 19 / Apr / 2013
    • REFERRED TO LOCAL GOVERNMENT
  • 29 / May / 2013
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 29 / May / 2013
    • PRINT NUMBER 4713A
  • 12 / Jun / 2013
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 12 / Jun / 2013
    • PRINT NUMBER 4713B
  • 08 / Jan / 2014
    • REFERRED TO LOCAL GOVERNMENT

Summary

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

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Bill Details

Versions:
S4713
S4713A
S4713B
Legislative Cycle:
2013-2014
Current Committee:
Senate Local Government
Law Section:
General Municipal Law
Laws Affected:
Add ยง398-e, Gen Bus L
Versions Introduced in 2011-2012 Legislative Cycle:
S4215B

Sponsor Memo

BILL NUMBER:S4713

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.

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

                                  4713

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             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.

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