Directs the department of state to study, evaluate and make recommendations concerning safety standards at baseball stadiums to determine whether the protective netting currently in use at baseball stadiums is sufficient to protect spectators during baseball games.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A362
SPONSOR: Paulin (MS)
 
TITLE OF BILL:
An act to direct the department of state to study, evaluate, and make
recommendations concerning safety standards at baseball stadiums
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to gather information, based on a
Department of State report, in order to determine if further steps need
to be taken to protect spectators at baseball games from batted balls or
thrown bats.
 
SUMMARY OF PROVISIONS:
Section 1 of this bill defines a baseball stadium as used in this
section.
Section 2 authorizes the Department of State to conduct a study of the
protective netting currently in use at baseball stadiums in the state to
determine whether or not the current netting is sufficient enough to
protect spectators. This section also outlines what specifically this
study is intended to examine and discover.
Section 3 grants the Department of State the authority to consult with
any state or local office, agency, or department in order to request any
relevant information needed for completion of this study.
Section 4 requires the Department of State to deliver a report of the
findings of the study to the governor, the temporary president of the
senate, and the speaker of the assembly, no later than one year after
the effective date.
Section 5 sets the effective date.
 
JUSTIFICATION:
According to a 2014 Bloomberg News report, approximately 1,750 Major
League Baseball (MLB) fans are hurt by foul balls each season - roughly
one person every two to three games. In addition to the two MLB teams,
there are six minor league teams in New York which play in stadiums with
over a 5,000-person capacity. While all MLB teams have voluntarily
committed to installing protective netting exceeding MLB guidelines,
which require netting to extend to the "near ends of both dugouts", some
minor league teams in New York State have not extended their netting.
In addition, it has yet to be demonstrated that the extended netting,
installed by the MLB teams is sufficient to properly protect fans from
foul halls and thrown bats.
According to a recent Marist College poll released October 24, 2017,
more than three in four baseball fans, 76%, do not think watching a
baseball game through protective netting detracts from the enjoyment of
the experience. Sixty-eight percent of respondents say the addition of
protective netting does not change how they feel about watching the
game, while 8% who think it makes the experience more enjoyable. When
fans bring their children to games, most responded that they would
select seats in a shielded area. 80% of fans say they would select seats
in an area with netting while 17% would not.
This legislation would enable the legislature to obtain important infor-
mation regarding injuries suffered at baseball stadiums by spectators
due to being struck by baseballs or thrown bats, in order to examine
whether further steps need to be taken in the future to protect the
spectators of baseball games.
It requires the Department of State to conduct a study to determine
whether current protective netting practices are sufficient in protect-
ing consumers.
 
PRIOR LEGISLATIVE HISTORY:
A.8893A of 2018, referred to rules.
Same as S.7690 of 2018, committed to rules.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
362
2019-2020 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2019
___________
Introduced by M. of A. PAULIN, D'URSO, GALEF, LAVINE, ORTIZ, D. ROSEN-
THAL, SEAWRIGHT, SIMON, McDONOUGH -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to direct the department of state to study, evaluate, and make
recommendations concerning safety standards at baseball stadiums
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Definitions. For the purposes of this act, "baseball stadi-
2 um" means a place of public assembly with an occupancy capacity of at
3 least five thousand persons, in which baseball games are played and
4 seating or standing room is assigned by issuance of tickets purchased by
5 spectators.
6 § 2. Study. The department of state is hereby authorized and directed
7 to conduct a study of the protective netting currently in use at base-
8 ball stadiums in the state to determine whether such netting is suffi-
9 cient to protect spectators during baseball games. Such study shall
10 examine, at a minimum, the following:
11 (a) the reported incidence of injuries suffered in baseball stadiums
12 in the state by spectators as a result of being struck by a baseball or
13 a thrown bat, the nature and severity of such injuries, and the general
14 location where such injuries were suffered by such spectators within the
15 baseball stadiums;
16 (b) the policies of the owners or operators of baseball stadiums in
17 the state regarding the reporting of injuries, and whether or not such
18 policies adequately disclose the rate of injuries suffered by spectators
19 in such stadiums;
20 (c) whether baseball stadiums in the state are maintaining adequate
21 protective netting to ensure the safety of spectators; and
22 (d) any other steps that may be taken to increase safety for specta-
23 tors at baseball games in the state, including, but not limited to the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01750-01-9
A. 362 2
1 posting of notices on tickets, seats, or other locations within a base-
2 ball stadium warning spectators of the possibility of injury as a result
3 of being struck by a baseball or thrown bat.
4 § 3. Powers. The department of state may consult with any state or
5 local office, agency, or department and request information from any
6 such entity that is relevant and material to the completion of this
7 study and report.
8 § 4. Report. No later than one year after the effective date of this
9 act, the department of state shall deliver a report of the findings of
10 the study conducted pursuant to section two of this act to the governor,
11 the temporary president of the senate, and the speaker of the assembly.
12 § 5. This act shall take effect immediately.