NY State Senate Bill 2011-S4215B

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 08, 2012	print number 4215b
Mar 08, 2012	amend and recommit to local government
Jan 04, 2012	referred to local government
Jun 02, 2011	print number 4215a
Jun 02, 2011	amend (t) and recommit to local government
Mar 23, 2011	referred to local government

Bill Amendments

Original

B (Active)

2011-S4215 - Details

See Assembly Version of this Bill:: A6660
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add §399-ddd, Gen Bus L
Versions Introduced in 2013-2014 Legislative Session:: S4713, A5308

2011-S4215 - Summary

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

2011-S4215 - Sponsor Memo

                                BILL NUMBER:S4215

TITLE OF BILL:
An act
to amend the general municipal law and the education law, in relation to
establishing the "movable soccer goal safety act"

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 cites the name of this legislation as the "Movable Soccer
Goal Safety Act".

Section 2 amends the general municipal law by adding a new article on
Movable Soccer Goal Safety. This section defines: (1) guidelines for
movable soccer goal safety, which shall comport with the "Guidelines
for Movable Soccer Goal Safety" published by the U.S. Consumer
Product Safety Commission and the ASTM guide for safer use of
moveable soccer goals; (2) movable soccer goal; and (3) warning
instructions, which shall be a label or hangtag affixed to all
moveable soccer goals. This new article stipulates that any municipal
corporation or contractor that owns and/or maintains the fields or
grounds for public recreation shall require any person setting up the

moveable soccer goal (1) do so in accordance with the guidelines
defined in the article, which shall ensure that the goal is properly
secured and anchored into the ground; and (2) affix warning
instructions to each goal.

Section 3 amends the education law to add definitions of (1)
guidelines for movable soccer goal safety, which shall comport with
the "Guidelines for Movable Soccer Goal Safety" published by the U.S.
Consumer Product Safety Commission and the ASTM guide for safer use
of moveable soccer goals; (2) movable soccer goal; and (3) warning
instructions, which shall be a label or hangtag affixed to all
moveable soccer goals. Like section 2, this section stipulates that
any municipal corporation or contractor that owns and/or maintains
the fields or grounds for public recreation shall require any person
setting up the moveable soccer goal (1) do so in accordance
with the guidelines defined in the article, which shall ensure that
the goal is properly secured and anchored into the ground; and (2)
affix warning instructions to each goal.

Section 4 states that this act shall take on the 60th day after it
shall have become a law.

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
tragedy 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:
New bill.

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
On the 60th day after it has become a law.

2011-S4215 - Bill Text download pdf

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

                                  4215

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 23, 2011
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law  and  the  education  law,  in
  relation to establishing the "movable soccer goal safety act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited  as  the  "movable
soccer goal safety act".
  S  2. The general municipal law is amended by adding a new article 8-A
to read as follows:
                               ARTICLE 8-A
                       MOVABLE SOCCER GOAL SAFETY
SECTION 170. DEFINITIONS.
        171. MOVABLE SOCCER GOAL SAFETY.
  S 170. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE TERM:
  1. "GUIDELINES FOR MOVABLE SOCCER GOAL SAFETY" SHALL MEAN THE PUBLICA-
TION "GUIDELINES FOR MOVABLE SOCCER GOAL SAFETY" PUBLISHED BY THE UNITED
STATES  CONSUMER  PRODUCT  SAFETY  COMMISSION   IN   JANUARY,   NINETEEN
NINETY-FIVE  OR  ANY  SUCCESSOR VERSION OF THAT PUBLICATION AND THE ASTM
GUIDE FOR SAFER USE OF MOVABLE SOCCER GOALS, F 1938-98  (2009),  OR  ANY
SUCCESSOR VERSION OF THAT PUBLICATION.
  2.  "MOVABLE SOCCER GOAL" SHALL MEAN A FREESTANDING STRUCTURE CONSIST-
ING 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.
  3. "WARNING INSTRUCTION" SHALL MEAN A LABEL OR HANGTAG WHICH IS CLEAR-
LY  VISIBLE  TO THE USER, WITH THE FOLLOWING NOTICE PRINTED IN CLEAR AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08605-02-1

S. 4215                             2

CONSPICUOUS TYPE: "WARNING! NEVER CLIMB OR HANG ON GOAL OR NETS --  GOAL
CAN  FALL  OVER  CAUSING  DEATH  OR SERIOUS INJURY" AND "WARNING! ALWAYS
ANCHOR GOAL -- UNSECURED GOAL CAN FALL OVER CAUSING  SERIOUS  INJURY  OR
DEATH."
  S  171.  MOVABLE  SOCCER GOAL SAFETY. ANY MUNICIPAL CORPORATION OR ANY
SUBDIVISION OR CONTRACTOR THEREOF THAT OWNS AND/OR MAINTAINS  FIELDS  OR
GROUNDS FOR PUBLIC RECREATION SHALL REQUIRE THAT ANY PERSON SETTING UP A
MOVABLE SOCCER GOAL FOR USE THEREON:
  1. FOLLOWS ALL APPLICABLE GUIDELINES FOR ANCHORING, SECURING AND COUN-
TERWEIGHTING  SUCH  MOVABLE  SOCCER  GOAL PURSUANT TO THE GUIDELINES FOR
MOVABLE SOCCER GOAL SAFETY; AND
  2. POSTS A WARNING INSTRUCTION ON SUCH MOVABLE SOCCER GOAL.
  S 3. The education law is amended by adding a  new  section  414-a  to
read as follows:
  S  414-A.  MOVABLE  SOCCER  GOAL  SAFETY.  1. FOR THE PURPOSES OF THIS
SECTION, THE TERM:
  A. "GUIDELINES FOR MOVABLE SOCCER GOAL SAFETY" SHALL MEAN THE PUBLICA-
TION "GUIDELINES FOR MOVABLE SOCCER GOAL SAFETY" PUBLISHED BY THE UNITED
STATES  CONSUMER  PRODUCT  SAFETY  COMMISSION   IN   JANUARY,   NINETEEN
NINETY-FIVE  OR  ANY  SUCCESSOR VERSION OF THAT PUBLICATION AND THE ASTM
GUIDE FOR SAFER USE OF MOVABLE SOCCER GOALS, F 1938-98  (2009),  OR  ANY
SUCCESSOR VERSION OF THAT PUBLICATION.
  B.  "MOVABLE SOCCER GOAL" SHALL MEAN A FREESTANDING STRUCTURE CONSIST-
ING OF AT LEAST TWO UPRIGHT POSTS, A CROSSBAR, AND SUPPORT BARS THAT  IS
DESIGNED:
  (I)  TO  BE  USED  BY  ADULTS OR CHILDREN FOR THE PURPOSES OF A SOCCER
GOAL;
  (II) TO BE USED WITHOUT ANY OTHER FORM OF SUPPORT OR  RESTRAINT  OTHER
THAN PEGS, STAKES, OR OTHER FORMS OF TEMPORARY ANCHORING DEVICE; AND
  (II) TO BE ABLE TO BE MOVED TO DIFFERENT LOCATIONS.
  C. "WARNING INSTRUCTION" SHALL MEAN A LABEL OR HANGTAG WHICH IS CLEAR-
LY  VISIBLE  TO THE USER, WITH THE FOLLOWING NOTICE PRINTED IN CLEAR AND
CONSPICUOUS TYPE: "WARNING! NEVER CLIMB OR HANG ON GOAL OR NETS --  GOAL
CAN  FALL  OVER  CAUSING  DEATH  OR SERIOUS INJURY" AND "WARNING! ALWAYS
ANCHOR GOAL -- UNSECURED GOAL CAN FALL OVER CAUSING  SERIOUS  INJURY  OR
DEATH."
  2.  ANY  SCHOOL DISTRICT THAT OWNS AND/OR MAINTAINS ATHLETIC FIELDS OR
FACILITIES SHALL REQUIRE THAT ANY PERSON SETTING  UP  A  MOVABLE  SOCCER
GOAL FOR USE THEREON:
  A. FOLLOWS ALL APPLICABLE GUIDELINES FOR ANCHORING, SECURING AND COUN-
TERWEIGHTING  SUCH  MOVABLE  SOCCER  GOAL PURSUANT TO THE GUIDELINES FOR
MOVABLE SOCCER GOAL SAFETY; AND
  B. POSTS A WARNING INSTRUCTION ON SUCH MOVABLE SOCCER GOAL.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

2011-S4215A - Details

See Assembly Version of this Bill:: A6660
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add §399-ddd, Gen Bus L
Versions Introduced in 2013-2014 Legislative Session:: S4713, A5308

2011-S4215A - Summary

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

2011-S4215A - Sponsor Memo

                                BILL NUMBER:S4215A

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
399-ddd. 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 60th day after it
shall have become a law.

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
tragedy 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:
New bill.

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
On the 60th day after it has become a law.

2011-S4215A - Bill Text download pdf

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

                                 4215--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 23, 2011
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- 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
399-ddd to read as follows:
  S 399-DDD. 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.
                                                           LBD08605-04-1

S. 4215--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 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 sixtieth  day  after  it  shall
have become a law.

2011-S4215B (ACTIVE) - Details

See Assembly Version of this Bill:: A6660
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add §399-ddd, Gen Bus L
Versions Introduced in 2013-2014 Legislative Session:: S4713, A5308

2011-S4215B (ACTIVE) - Summary

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

2011-S4215B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4215B

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
399-ddd. 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.

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
tragedy 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:
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; 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.

2011-S4215B (ACTIVE) - Bill Text download pdf

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

                                 4215--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 23, 2011
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- 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 -- recommitted to the Committee on Local
  Government in accordance with Senate  Rule  6,  sec.  8  --  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
399-ddd to read as follows:
  S  399-DDD.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08605-06-2

S. 4215--B                          2

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.
  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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Senate Bill S4215B

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Archive: Last Bill Status - In Senate Committee Local Government Committee

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2011-S4215A - Details

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Sponsored By

Suzi Oppenheimer

Archive: Last Bill Status - In Senate Committee Local Government Committee

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Bill Amendments

2011-S4215 - Details

2011-S4215 - Summary

2011-S4215 - Sponsor Memo

2011-S4215 - Bill Text download pdf

2011-S4215A - Details

2011-S4215A - Summary

2011-S4215A - Sponsor Memo

2011-S4215A - Bill Text download pdf

2011-S4215B (ACTIVE) - Details

2011-S4215B (ACTIVE) - Summary

2011-S4215B (ACTIVE) - Sponsor Memo

2011-S4215B (ACTIVE) - Bill Text download pdf

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