Bill Text: NY S06811 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the establishment of safety requirements for moveable soccer goals.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-06-17 - SUBSTITUTED BY A5308C [S06811 Detail]

Download: New_York-2013-S06811-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6811
                                   I N  S E N A T E
                                    March 12, 2014
                                      ___________
       Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
         printed to be committed to the Committee on Consumer Protection
       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.
   18    2. NO PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTITY WHICH ERECTS  A
   19  MOVEABLE SOCCER GOAL SHALL ERECT IN THIS STATE SUCH MOVEABLE SOCCER GOAL
   20  UNLESS  SUCH GOAL SHALL BE ERECTED IN THE MANNER REQUIRED BY THOSE RULES
   21  AND REGULATIONS PROMULGATED PURSUANT TO THIS SECTION; PROVIDED  HOWEVER,
   22  THAT  MOVEABLE SOCCER GOALS ERECTED UPON ONE, TWO AND THREE-FAMILY RESI-
   23  DENTIAL REAL PROPERTY SHALL BE EXEMPT  FROM  THE  REQUIREMENTS  OF  THIS
   24  SECTION.
   25    3. WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE FROM EVIDENCE SATISFAC-
   26  TORY  TO HIM OR HER THAT ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OR
   27  AGENT OR EMPLOYEE THEREOF HAS VIOLATED ANY PROVISION OF THIS SECTION, HE
   28  OR SHE MAY BRING AN ACTION IN THE SUPREME COURT OF THE STATE OF NEW YORK
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14408-01-4
       S. 6811                             2
    1  FOR A JUDGMENT ENJOINING THE CONTINUANCE OF SUCH  VIOLATION  AND  FOR  A
    2  CIVIL  PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION.
    3  IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT  THE
    4  DEFENDANT HAS KNOWINGLY VIOLATED ANY PROVISION OF THIS SECTION, NO PROOF
    5  SHALL  BE REQUIRED THAT ANY PERSON HAS BEEN INJURED THEREBY NOR THAT THE
    6  DEFENDANT KNOWINGLY OR INTENTIONALLY VIOLATED SUCH PROVISION.   IN  SUCH
    7  ACTION  PRELIMINARY  RELIEF  MAY BE GRANTED UNDER ARTICLE SIXTY-THREE OF
    8  THE CIVIL PRACTICE LAW AND RULES. BEFORE ANY VIOLATION OF  THIS  SECTION
    9  IS SOUGHT TO BE ENJOINED, THE ATTORNEY GENERAL SHALL BE REQUIRED TO GIVE
   10  THE PERSON AGAINST WHOM SUCH PROCEEDING IS CONTEMPLATED NOTICE BY CERTI-
   11  FIED  MAIL  AND  AN  OPPORTUNITY TO SHOW IN WRITING WITHIN FIVE BUSINESS
   12  DAYS AFTER RECEIPT OF NOTICE WHY PROCEEDINGS SHOULD  NOT  BE  INSTITUTED
   13  AGAINST SUCH PERSON, UNLESS THE ATTORNEY GENERAL SHALL FIND, IN ANY CASE
   14  IN  WHICH  HE  OR SHE SEEKS PRELIMINARY RELIEF, THAT TO GIVE SUCH NOTICE
   15  AND OPPORTUNITY IS NOT IN THE PUBLIC INTEREST.
   16    S 2. This act shall take effect on the one hundred eightieth day after
   17  it shall have become a law; provided, however, that effective immediate-
   18  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
   19  necessary  for  the implementation of this act on its effective date are
   20  authorized and directed to be made  and  completed  on  or  before  such
   21  effective date.