Establishes movable soccer goal safety

Summary of provisions

Section 1 amends the general business law by adding a new section 399-ddd. Subsection 1 defines a "movable soccer goal". Subsection 2 states that the Department of State, in consultation with the Office of Parks, Recreation, and Historic Preservation, shall promulgate the rules and procedures for the safety standards and for the proper anchoring or moveable soccer goals. These rules shall comport with the "Guidelines for Movable Soccer Goal Safety" published by the U.S. Consumer Product Safety Commission.

Subsection 3 stipulates that any person, firm, corporation, or legal must erect the moveable soccer goal in accordance with the guidelines defined in the article, which shall ensure that the goal is properly secured and anchored into the ground.

Subsection 4 authorizes the Attorney General of the State of New York to bring legal action against any person, agent, or legal entity found in violation of the safety procedures designated in this act. The civil penalty will not exceed $1000 for each violation and not more than $10,000 if the violation is found to be willful and knowing. This section also stipulates notification procedures to the accused by the AG's office and a time period for the accused to answer the charges.

Section 2 states that this act shall take on the 180th day after it shall have become a law.

Justification

In 2002, an 8 year old girl from Rye Brook suffered a crushed femur when a portable goal was blown over on to due to gust of wind. This tragedy occurred before the game even started and was the direct result of the soccer goal not being properly anchored into the ground. Fortunately, 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.

Most recently in Arkansas, in January of 2011, a 9 year-old boy was killed by an unsecured soccer goal that toppled over on to him when he was playing outside at this elementary school. The most tragic aspect is that injuries and fatalities from portable soccer goals are easily preventable.

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 stipulate 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 raising awareness and adhering to these safety guidelines, we can hopefully eradicate these senseless tragedies.

Legislative history

New bill.

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 necessary 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.