BILL NO A05308A
SAME AS No same as
SPONSOR Otis
COSPNSR Santabarbara
MLTSPNSR
Add S398-e, Gen Bus L
Establishes the movable soccer goal safety act requiring compliance with the
United States consumer product safety commission's guidelines for movable
soccer goal safety.
BILL NO A05308A
02/22/2013 referred to consumer affairs and protection
04/16/2013 reported referred to codes
05/23/2013 amend and recommit to codes
05/23/2013 print number 5308a
BILL NUMBER:A5308A
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 $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.
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)
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.
S T A T E O F N E W Y O R K
________________________________________________________________________
5308--A
2013-2014 Regular Sessions
I N A S S E M B L Y
February 22, 2013
___________
Introduced by M. of A. OTIS, SANTABARBARA -- read once and referred to
the Committee on Consumer Affairs and Protection -- reported and
referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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:
1 Section 1. The general business law is amended by adding a new section
2 398-e to read as follows:
3 S 398-E. MOVEABLE SOCCER GOAL SAFETY. 1. DEFINITIONS RELATIVE TO
4 SOCCER GOAL SAFETY. FOR THE PURPOSES OF THIS SECTION, THE TERM "MOVABLE
5 SOCCER GOAL" SHALL MEAN A FREESTANDING STRUCTURE CONSISTING OF AT LEAST
6 TWO UPRIGHT POSTS, A CROSSBAR, AND SUPPORT BARS THAT IS DESIGNED:
7 (A) TO BE USED BY ADULTS OR CHILDREN FOR THE PURPOSES OF A SOCCER
8 GOAL;
9 (B) TO BE USED WITHOUT ANY OTHER FORM OF SUPPORT OR RESTRAINT OTHER
10 THAN PEGS, STAKES, OR OTHER FORMS OF TEMPORARY ANCHORING DEVICE; AND
11 (C) TO BE ABLE TO BE MOVED TO DIFFERENT LOCATIONS.
12 2. THE DEPARTMENT OF STATE, IN CONSULTATION WITH THE OFFICE OF PARKS,
13 RECREATION AND HISTORIC PRESERVATION, SHALL PROMULGATE RULES AND REGU-
14 LATIONS ESTABLISHING SAFETY STANDARDS FOR ANCHORING, SECURING AND COUN-
15 TER-WEIGHTING A MOVABLE SOCCER GOAL. THOSE REGULATIONS SHALL SUBSTAN-
16 TIALLY COMPLY WITH THE GUIDELINES FOR MOVABLE SOCCER GOAL SAFETY
17 PRODUCED BY THE UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION OR ANY
18 SUCCESSOR.
19 3. (A) NO PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTITY WHICH
20 ERECTS A MOVEABLE SOCCER GOAL SHALL ERECT IN THIS STATE SUCH MOVEABLE
21 SOCCER GOAL UNLESS SUCH GOAL SHALL BE ERECTED IN THE MANNER REQUIRED BY
22 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.
LBD08580-02-3
A. 5308--A 2
1 (B) MOVEABLE SOCCER GOALS ERECTED UPON ONE, TWO AND THREE-FAMILY RESI-
2 DENTIAL REAL PROPERTY SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS
3 SECTION.
4 4. WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE FROM EVIDENCE SATISFAC-
5 TORY TO HIM OR HER THAT ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OR
6 AGENT OR EMPLOYEE THEREOF HAS VIOLATED ANY PROVISION OF THIS SECTION, HE
7 OR SHE MAY BRING AN ACTION IN THE SUPREME COURT OF THE STATE OF NEW YORK
8 FOR A JUDGMENT ENJOINING THE CONTINUANCE OF SUCH VIOLATION AND FOR A
9 CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION.
10 IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE
11 DEFENDANT HAS VIOLATED ANY PROVISION OF THIS SECTION, NO PROOF SHALL BE
12 REQUIRED THAT ANY PERSON HAS BEEN INJURED THEREBY NOR THAT THE DEFENDANT
13 KNOWINGLY OR INTENTIONALLY VIOLATED SUCH PROVISION. IN SUCH ACTION
14 PRELIMINARY RELIEF MAY BE GRANTED UNDER ARTICLE SIXTY-THREE OF THE CIVIL
15 PRACTICE LAW AND RULES. BEFORE ANY VIOLATION OF THIS SECTION IS SOUGHT
16 TO BE ENJOINED, THE ATTORNEY GENERAL SHALL BE REQUIRED TO GIVE THE
17 PERSON AGAINST WHOM SUCH PROCEEDING IS CONTEMPLATED NOTICE BY CERTIFIED
18 MAIL AND AN OPPORTUNITY TO SHOW IN WRITING WITHIN FIVE BUSINESS DAYS
19 AFTER RECEIPT OF NOTICE WHY PROCEEDINGS SHOULD NOT BE INSTITUTED AGAINST
20 SUCH PERSON, UNLESS THE ATTORNEY GENERAL SHALL FIND, IN ANY CASE IN
21 WHICH HE OR SHE SEEKS PRELIMINARY RELIEF, THAT TO GIVE SUCH NOTICE AND
22 OPPORTUNITY IS NOT IN THE PUBLIC INTEREST.
23 S 2. This act shall take effect on the one hundred eightieth day after
24 it shall have become a law; provided, however, that effective immediate-
25 ly, the addition, amendment and/or repeal of any rule or regulation
26 necessary for the implementation of this act on its effective date are
27 authorized and directed to be made and completed on or before such
28 effective date.
