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A05308 Summary:

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A05308 Floor Votes:

A05308 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5308--C
                                                                Cal. No. 240
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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    § 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    § 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.