A05308 Summary:

BILL NO    A05308C

SAME AS    SAME AS S06811

SPONSOR    Otis

COSPNSR    Santabarbara, Montesano

MLTSPNSR   

Add S399-j, Gen Bus L

Relates to the establishment of safety requirements for moveable soccer goals.
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A05308 Actions:

BILL NO    A05308C

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
06/12/2013 amend and recommit to codes
06/12/2013 print number 5308b
06/17/2013 reported referred to rules
06/18/2013 reported 
06/18/2013 rules report cal.420
06/18/2013 ordered to third reading rules cal.420
06/20/2013 passed assembly
06/20/2013 delivered to senate
06/20/2013 REFERRED TO RULES
01/08/2014 DIED IN SENATE
01/08/2014 RETURNED TO ASSEMBLY
01/08/2014 ordered to third reading cal.240
03/06/2014 passed assembly
03/06/2014 delivered to senate
03/06/2014 REFERRED TO LOCAL GOVERNMENT
03/17/2014 recalled from senate
03/17/2014 RETURNED TO ASSEMBLY
03/17/2014 vote reconsidered - restored to third reading
03/17/2014 amended on third reading (t) 5308c
03/20/2014 repassed assembly
03/20/2014 returned to senate
03/20/2014 RECOMMITTED TO LOCAL GOVERNMENT
06/17/2014 SUBSTITUTED FOR S6811
06/17/2014 3RD READING CAL.1471
06/17/2014 PASSED SENATE
06/17/2014 RETURNED TO ASSEMBLY
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A05308 Votes:

A05308B06/20/2013 116/26
AbbateYColtonNOGarbariYKearnsNOMillmanYRiveraYStevensAB
AbinantYCookYGibsonYKellnerYMontesaYRobertsYStirpeY
ArroyoYCorwinNOGiglioYKimYMorelleYRobinsoYSweeneyY
AubryYCrespoYGjonajERKolbNOMosleyYRodriguYTediscoY
BarclayNOCrouchYGlickYLalorNOMoyaYRosaYTenneyNO
BarrettYCurranYGoldfedYLavineYNojayNORosenthYThieleY
BarronYCusickYGoodellNOLentolYNolanYRozicYTitoneY
BenedetYCymbrowYGottfriYLiftonYOaksNORussellYTitusY
BlankenNODenDekkYGrafNOLopezYO'DonneYRyanYWalterNO
BorelliYDinowitYGuntherYLupardoYOrtizYSaladinYWeinsteY
BoylandABDiPietrYHawleyNOLupinacYOtisYSantabaYWeisenbY
BraunstYDupreyYHeastieERMageeYPalmesaNOScarborYWeprinY
BrennanYEnglebrYHennessYMagnareYPaulinYSchimelYWrightY
BrindisYEspinalYHevesiYMaiselYPeoplesYSchimmiNOZebrowsY
BronsonYFahyYHikindERMalliotYPerryYSepulveYMr SpkrY
Brook-KYFarrellYHooperYMarkeyYPretlowYSimanowNO
BuchwalYFinchYJacobsYMayerYQuartNOSimotasY
ButlerNOFitzpatNOJaffeeYMcDonalYRaYSkartadY
CahillYFriendNOJohnsYMcDonouYRabbittYSkoufisY
CamaraYGabryszYJordanNOMcKevitYRaiaYSolagesY
CerettoYGalefYKatzNOMcLaughNORamosYStecNO
ClarkYGanttYKavanagYMillerYReilichNOSteckY

A05308B03/06/2014 107/23
AbbateERCookYGjonajYLalorNONojayNORosenthYTitoneY
AbinantYCorwinNOGlickERLavineYNolanNORozicYTitusY
ArroyoYCrespoYGoldfedYLentolYOaksNORussellYWalterNO
AubryYCrouchYGoodellYLiftonYO'DonneYRyanYWeinsteER
BarclayNOCurranYGottfriYLopezYOrtizYSaladinYWeisenbER
BarrettYCusickYGrafNOLupardoYOtisYSantabaYWeprinY
BenedetYCymbrowYGuntherYLupinacYPalmesaNOScarborYWrightY
BlankenNODavilaYHawleyYMageeYPalumboYSchimelYZebrowsY
BorelliYDenDekkYHeastieYMagnareERPaulinYSchimmiNOMr SpkrY
BoylandABDinowitYHennessYMalliotYPeoplesYSepulveY
BraunstYDiPietrNOHevesiYMarkeyYPerryYSimanowNO
BrennanYDupreyYHikindERMayerYPichardYSimotasER
BrindisYEnglebrYHooperYMcDonalYPretlowYSkartadY
BronsonYFahyYJacobsYMcDonouYQuartNOSkoufisY
Brook-KYFarrellYJaffeeYMcKevitYRaYSolagesY
BuchwalYFinchYJohnsYMcLaughNORaiaYStecNO
ButlerNOFitzpatNOKatzNOMillerYRamosERSteckY
CahillYFriendNOKavanagYMillmanYRiveraYStirpeY
CamaraYGalefYKearnsYMontesaYRobertsYSweeneyY
CerettoYGanttYKellnerABMorelleYRobinsoYTediscoY
ClarkYGarbariYKimYMosleyYRodriguYTenneyNO
ColtonERGiglioYKolbNOMoyaNORosaYThieleY

A05308C03/20/2014 114/17
AbbateYCorwinNOGlickYLavineYNolanYRozicYTitusY
AbinantYCrespoYGoldfedYLentolYOaksNORussellYWalterNO
ArroyoYCrouchERGoodellYLiftonYO'DonneNORyanYWeinsteER
AubryYCurranYGottfriYLopezYOrtizYSaladinYWeisenbY
BarclayNOCusickYGrafYLupardoYOtisYSantabaYWeprinY
BarrettYCymbrowYGuntherYLupinacYPalmesaNOScarborYWrightY
BenedetYDavilaYHawleyNOMageeYPalumboYSchimelYZebrowsY
BlankenNODenDekkYHeastieYMagnareERPaulinYSchimmiNOMr SpkrY
BorelliYDinowitYHennessYMalliotYPeoplesYSepulveY
BraunstYDiPietrERHevesiERMarkeyYPerryYSimanowNO
BrennanYDupreyYHikindYMayerYPichardYSimotasER
BrindisYEnglebrYHooperYMcDonalYPretlowYSkartadY
BronsonYFahyYJacobsYMcDonouYQuartNOSkoufisY
Brook-KYFarrellYJaffeeYMcKevitYRaYSolagesY
BuchwalYFinchYJohnsYMcLaughYRaiaYStecNO
ButlerNOFitzpatNOKatzERMillerYRamosYSteckY
CahillYFriendNOKavanagYMillmanYRiveraYStirpeY
CamaraYGalefYKearnsYMontesaYRobertsYSweeneyY
CerettoYGanttYKellnerYMorelleYRobinsoYTediscoY
ClarkYGarbariYKimYMosleyYRodriguYTenneyER
ColtonYGiglioYKolbNOMoyaYRosaYThieleY
CookYGjonajYLalorERNojayNORosenthYTitoneY

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A05308 Memo:

BILL NUMBER:A5308C

TITLE OF BILL:  An act to amend the general business law, in relation
to safety requirements 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-j. This new section requires the department of state, in
consultation with the office of parks and recreation, to develop
regulations to establish safety standards for moveable soccer goals.
The new section requires that any person, firm, corporation, or other
legal entity that erected a moveable soccer goal must do so in
accordance with the regulations established in order to ensure that
the goal is properly secured and anchored into the ground. The new
section also defines the term "moveable soccer goal", sets forth
certain exceptions, and establishes penalties.

Section 2 of the bill sets forth the effective date.

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.

More recently in North Carolina, in January of 2012, a 9 year:old boy
was killed by an unsecured soccer goal that toppled over on to him
when he was playing outside at a county field. Approximately one child
per year is killed by a toppling soccer goal. 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.
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A05308 Text:

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

                                        5308--C
                                                               Cal. No. 240

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 22, 2013
                                      ___________

       Introduced  by  M.  of A. OTIS, SANTABARBARA, MONTESANO -- 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 committee -- again reported from said  committee  with  amend-
         ments,  ordered reprinted as amended and recommitted to said committee
         -- ordered to a third reading -- passed by Assembly and  delivered  to
         the Senate, recalled from the Senate, vote reconsidered, bill amended,
         ordered reprinted, retaining its place on the order of third reading

       AN ACT to amend the general business law, in relation to safety require-
         ments 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  399-j to read as follows:
    3    S 399-J. SAFETY STANDARDS; MOVEABLE SOCCER GOALS. 1.   THE  DEPARTMENT
    4  OF  STATE,  IN  CONSULTATION  WITH  THE  OFFICE OF PARKS, RECREATION AND
    5  HISTORIC PRESERVATION, SHALL PROMULGATE RULES AND REGULATIONS ESTABLISH-
    6  ING SAFETY STANDARDS FOR ANCHORING,  SECURING  AND  COUNTER-WEIGHTING  A
    7  MOVEABLE  SOCCER GOAL.  SUCH REGULATIONS SHALL SUBSTANTIALLY COMPLY WITH
    8  THE GUIDELINES FOR MOVEABLE SOCCER GOAL SAFETY PRODUCED  BY  THE  UNITED
    9  STATES CONSUMER PRODUCT SAFETY COMMISSION OR ANY SUCCESSOR COMMISSION OR
   10  AGENCY.    FOR  THE  PURPOSES OF THIS SECTION, THE TERM "MOVEABLE SOCCER
   11  GOAL" SHALL MEAN A FREESTANDING STRUCTURE CONSISTING  OF  AT  LEAST  TWO
   12  UPRIGHT POSTS, A CROSSBAR, AND SUPPORT BARS THAT IS DESIGNED:
   13    (A)  TO  BE  USED  BY  ADULTS OR CHILDREN FOR THE PURPOSES OF A SOCCER
   14  GOAL;
   15    (B) TO BE USED WITHOUT ANY OTHER FORM OF SUPPORT  OR  RESTRAINT  OTHER
   16  THAN PEGS, STAKES, OR OTHER FORMS OF TEMPORARY ANCHORING DEVICE; AND
   17    (C) TO BE ABLE TO BE MOVED TO DIFFERENT LOCATIONS.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08580-06-4
       A. 5308--C                          2

    1    2.  NO PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTITY WHICH ERECTS A
    2  MOVEABLE SOCCER GOAL SHALL ERECT IN THIS STATE SUCH MOVEABLE SOCCER GOAL
    3  UNLESS SUCH GOAL SHALL BE ERECTED IN THE MANNER REQUIRED BY THOSE  RULES
    4  AND  REGULATIONS PROMULGATED PURSUANT TO THIS SECTION; PROVIDED HOWEVER,
    5  THAT  MOVEABLE SOCCER GOALS ERECTED UPON ONE, TWO AND THREE-FAMILY RESI-
    6  DENTIAL REAL PROPERTY SHALL BE EXEMPT  FROM  THE  REQUIREMENTS  OF  THIS
    7  SECTION.
    8    3. WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE FROM EVIDENCE SATISFAC-
    9  TORY  TO HIM OR HER THAT ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OR
   10  AGENT OR EMPLOYEE THEREOF HAS VIOLATED ANY PROVISION OF THIS SECTION, HE
   11  OR SHE MAY BRING AN ACTION IN THE SUPREME COURT OF THE STATE OF NEW YORK
   12  FOR A JUDGMENT ENJOINING THE CONTINUANCE OF SUCH  VIOLATION  AND  FOR  A
   13  CIVIL  PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION.
   14  IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT  THE
   15  DEFENDANT HAS KNOWINGLY VIOLATED ANY PROVISION OF THIS SECTION, NO PROOF
   16  SHALL  BE REQUIRED THAT ANY PERSON HAS BEEN INJURED THEREBY NOR THAT THE
   17  DEFENDANT KNOWINGLY OR INTENTIONALLY VIOLATED SUCH PROVISION.   IN  SUCH
   18  ACTION  PRELIMINARY  RELIEF  MAY BE GRANTED UNDER ARTICLE SIXTY-THREE OF
   19  THE CIVIL PRACTICE LAW AND RULES. BEFORE ANY VIOLATION OF  THIS  SECTION
   20  IS SOUGHT TO BE ENJOINED, THE ATTORNEY GENERAL SHALL BE REQUIRED TO GIVE
   21  THE PERSON AGAINST WHOM SUCH PROCEEDING IS CONTEMPLATED NOTICE BY CERTI-
   22  FIED  MAIL  AND  AN  OPPORTUNITY TO SHOW IN WRITING WITHIN FIVE BUSINESS
   23  DAYS AFTER RECEIPT OF NOTICE WHY PROCEEDINGS SHOULD  NOT  BE  INSTITUTED
   24  AGAINST SUCH PERSON, UNLESS THE ATTORNEY GENERAL SHALL FIND, IN ANY CASE
   25  IN  WHICH  HE  OR SHE SEEKS PRELIMINARY RELIEF, THAT TO GIVE SUCH NOTICE
   26  AND OPPORTUNITY IS NOT IN THE PUBLIC INTEREST.
   27    S 2. This act shall take effect on the one hundred eightieth day after
   28  it shall have become a law; provided, however, that effective immediate-
   29  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
   30  necessary  for  the implementation of this act on its effective date are
   31  authorized and directed to be made  and  completed  on  or  before  such
   32  effective date.
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