NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5308C
SPONSOR: Otis 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 safe-
ty 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 "move-
able soccer goal", sets forth certain exceptions, and establishes penal-
ties.
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 onto her due to a 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. Fortu-
nately, 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 onto 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 preventa-
ble. 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 stip-
ulate 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 rais-
ing 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 neces-
sary 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.
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.
