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.