Bill Text: NY S04215 | 2011-2012 | General Assembly | Amended

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

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2012-03-08 - PRINT NUMBER 4215B [S04215 Detail]

Download: New_York-2011-S04215-Amended.html

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                           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:
    1    Section 1. The general business law is amended by adding a new section
    2  399-ddd to read as follows:
    3    S 399-DDD. 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.
                                                                  LBD08605-04-1
       S. 4215--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 ONE THOUSAND DOLLARS FOR EACH VIOLATION,
   10  EXCEPT THAT THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT  MORE  THAN  TEN
   11  THOUSAND  DOLLARS  IF  THE VIOLATION IS KNOWING AND WILLFUL. IF IT SHALL
   12  APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE  THAT  THE  DEFENDANT
   13  HAS  VIOLATED  ANY PROVISION OF THIS SECTION, NO PROOF SHALL BE REQUIRED
   14  THAT ANY PERSON HAS BEEN INJURED THEREBY NOR THAT THE DEFENDANT KNOWING-
   15  LY OR INTENTIONALLY VIOLATED SUCH PROVISION.  IN SUCH ACTION PRELIMINARY
   16  RELIEF MAY BE GRANTED UNDER ARTICLE SIXTY-THREE OF  THE  CIVIL  PRACTICE
   17  LAW  AND  RULES.  BEFORE  ANY  VIOLATION OF THIS SECTION IS SOUGHT TO BE
   18  ENJOINED, THE ATTORNEY GENERAL SHALL BE  REQUIRED  TO  GIVE  THE  PERSON
   19  AGAINST  WHOM  SUCH  PROCEEDING IS CONTEMPLATED NOTICE BY CERTIFIED MAIL
   20  AND AN OPPORTUNITY TO SHOW IN WRITING WITHIN FIVE  BUSINESS  DAYS  AFTER
   21  RECEIPT  OF NOTICE WHY PROCEEDINGS SHOULD NOT BE INSTITUTED AGAINST SUCH
   22  PERSON, UNLESS THE ATTORNEY GENERAL SHALL FIND, IN ANY CASE IN WHICH  HE
   23  OR  SHE  SEEKS PRELIMINARY RELIEF, THAT TO GIVE SUCH NOTICE AND OPPORTU-
   24  NITY IS NOT IN THE PUBLIC INTEREST.
   25    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   26  have become a law.