BILL NUMBER: AB 768	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Thurmond
   (Coauthor: Assembly Member Bloom)
   (Coauthor: Senator Leno)

                        FEBRUARY 25, 2015

   An act to add Article 1.5 (commencing with Section 118916) to
Chapter 4 of Part 15 of Division 104 of the Health and Safety Code,
relating to tobacco.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 768, as introduced, Thurmond. Tobacco Free Baseball Act.
   Existing law prohibits the smoking of tobacco in every publicly
owned building open to the general public for the primary purpose of
exhibiting a motion picture, stage drama, music recital, or any other
performance, with the exception of any indoor sporting event, except
in designated areas.
   This bill would prohibit the use of tobacco products, as defined,
including smokeless tobacco, in a baseball stadium, which includes
the physical area in which a professional, collegiate, high school,
or other organized baseball game or practice is occurring. The bill
would require a baseball stadium to have posted at every entrance a
conspicuous sign clearly communicating that the use of tobacco
products, including smokeless tobacco, is prohibited. The bill
provides that, if any provision or its application is held invalid,
that invalidity shall not affect other provisions or applications
that can be given effect without the invalid provision or
application.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known, and may be cited, as the
Tobacco Free Baseball Act.
  SEC. 2.  Article 1.5 (commencing with Section 118916) is added to
Chapter 4 of Part 15 of Division 104 of the Health and Safety Code,
to read:

      Article 1.5.  Public Spaces


   118916.  (a) The Legislature finds and declares that the
regulation on tobacco products in professional, collegiate, high
school, and other baseball stadiums is a matter of statewide interest
and concern. It is the intent of the Legislature in enacting this
section to prohibit any tobacco product, including smokeless tobacco,
at any time at an event site for professional, collegiate, high
school, or other organized baseball games in all baseball stadiums in
this state, thereby eliminating the need for local governments to
enact tobacco restrictions within their respective jurisdictions.
   (b) A person shall not use a tobacco product at any time at a
baseball stadium.
   (c) For purposes of this section, the following definitions shall
apply:
   (1) "Baseball stadium" means the physical area in which a
professional, collegiate, high school, or other organized baseball
game or practice is occurring, including all open, semiopen, and
enclosed spaces and structures. A baseball stadium includes, but is
not limited to, playing fields, dugouts, bullpens, training rooms,
locker rooms, team bench areas, spectator seating areas, pedestrian
walkways, bathrooms, dining areas, vendor areas, offices, and
recreational areas.
   (2) "Organized baseball" means baseball games played in connection
with an established league or other association of persons.
   (3) "Smokeless tobacco" means a product that contains cut, ground,
powdered, or leaf tobacco and is intended to be placed in the oral
or nasal cavity, including, but not limited to, snuff, chewing
tobacco, dipping tobacco, dissolvable tobacco products, and sinus.
   (4) "Tobacco product" includes all of the following:
   (A) A product made or derived from tobacco or nicotine that is
intended for human consumption, whether smoked, heated, chewed,
absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any
other means, including, but not limited to, cigarettes, cigars,
little cigars, chewing tobacco, pipe tobacco, and snuff.
   (B) An electronic device that delivers nicotine or other
substances to the person inhaling from the device, including, but not
limited to, an electronic cigarette, cigar, pipe, or hookah.
   (C) A component, part, or accessory of a tobacco product, whether
or not sold separately.
   (D) "Tobacco product" does not include a product that has been
approved by the United States Food and Drug Administration for sale
as a tobacco cessation product or for other therapeutic purposes
where the product is marketed and sold solely for that approved
purpose.
   (d) Each baseball stadium shall have posted at every entrance a
conspicuous sign clearly communicating that the use of tobacco
products, including smokeless tobacco, is prohibited. These signs
shall also be posted in all dugouts, bullpens, locker rooms, and
bathrooms.
   (e) This section shall be construed as supplementing and imposing
prohibitions and requirements in addition to those in existing law.
   (f) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.