NY State Assembly Bill 2011-A6660B

Archive: Last Bill Status - In Assembly 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 13, 2012	reported referred to codes
Mar 07, 2012	print number 6660b
Mar 07, 2012	amend and recommit to consumer affairs and protection
Jan 04, 2012	referred to consumer affairs and protection
Jun 16, 2011	reported referred to rules
Jun 06, 2011	reported referred to codes
Jun 02, 2011	print number 6660a
Jun 02, 2011	amend (t) and recommit to consumer affairs and protection
Mar 24, 2011	referred to consumer affairs and protection

Bill Amendments

Original

B (Active)

co-Sponsors

2011-A6660 - Details

See Senate Version of this Bill:: S4215
Current Committee:: Assembly Codes
Law Section:: General Business Law
Laws Affected:: Add §399-ddd, Gen Bus L
Versions Introduced in 2013-2014 Legislative Session:: A5308, S4713

2011-A6660 - 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-A6660 - Bill Text download pdf

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

                                  6660

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 24, 2011
                               ___________

Introduced  by M. of A. LATIMER -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection

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

A. 6660                             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.

co-Sponsors

2011-A6660A - Details

See Senate Version of this Bill:: S4215
Current Committee:: Assembly Codes
Law Section:: General Business Law
Laws Affected:: Add §399-ddd, Gen Bus L
Versions Introduced in 2013-2014 Legislative Session:: A5308, S4713

2011-A6660A - 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-A6660A - Bill Text download pdf

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

                                 6660--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 24, 2011
                               ___________

Introduced  by  M. of A. LATIMER, MONTESANO -- read once and referred to
  the  Committee  on  Consumer  Affairs  and  Protection  --   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.
                                                           LBD08605-03-1

A. 6660--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.

co-Sponsors

2011-A6660B (ACTIVE) - Details

See Senate Version of this Bill:: S4215
Current Committee:: Assembly Codes
Law Section:: General Business Law
Laws Affected:: Add §399-ddd, Gen Bus L
Versions Introduced in 2013-2014 Legislative Session:: A5308, S4713

2011-A6660B (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-A6660B (ACTIVE) - Bill Text download pdf

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

                                 6660--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 24, 2011
                               ___________

Introduced  by  M. of A. LATIMER, MONTESANO -- read once and referred to
  the  Committee  on  Consumer  Affairs  and  Protection  --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said committee -- recommitted to the Committee on Consumer Affairs
  and Protection in accordance with Assembly Rule 3, sec. 2 -- 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.
                                                           LBD08605-05-2

A. 6660--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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Assembly Bill A6660B

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

co-Sponsors

2011-A6660 - Details

2011-A6660 - Summary

2011-A6660 - Bill Text download pdf

co-Sponsors

2011-A6660A - Details

2011-A6660A - Summary

2011-A6660A - Bill Text download pdf

co-Sponsors

2011-A6660B (ACTIVE) - Details

2011-A6660B (ACTIVE) - Summary

2011-A6660B (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

LATIMER

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

co-Sponsors

Michael Montesano

2011-A6660 - Details

2011-A6660 - Summary

2011-A6660 - Bill Text download pdf

co-Sponsors

Michael Montesano

2011-A6660A - Details

2011-A6660A - Summary

2011-A6660A - Bill Text download pdf

co-Sponsors

Michael Montesano

2011-A6660B (ACTIVE) - Details

2011-A6660B (ACTIVE) - Summary

2011-A6660B (ACTIVE) - Bill Text download pdf

Comments