senate Bill S4713A

Amended

Establishes movable soccer goal safety

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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:S4713A

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.

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

                                 4713--A

                       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  --
  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.
                                                           LBD08580-03-3

S. 4713--A                          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 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 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 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.

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