|SAME AS||SAME AS S06811|
|Add S399-j, Gen Bus L|
|Relates to the establishment of safety requirements for moveable soccer goals.|
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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. LBD08580-06-4A. 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.