•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A00362 Summary:

BILL NOA00362
 
SAME ASSAME AS S03823
 
SPONSORPaulin (MS)
 
COSPNSRD'Urso, Galef, Lavine, Ortiz, Rosenthal D, Seawright, Simon, McDonough, Jacobson
 
MLTSPNSR
 
 
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.
Go to top

A00362 Memo:

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.
Go to top

A00362 Text:



 
                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.
Go to top