Amended in Assembly May 5, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 768

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 amended, Thurmond. begin delete Tobacco Free Baseball Act. end delete begin insert Smokeless tobacco: baseball stadiums. end insert

Existing law begin delete 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. end delete begin insert generally prohibits the smoking of tobacco in the workplace and in public buildings, except in specified areas. end insert

This bill would prohibit the use begin insert or possession end insert of begin insert smokeless end insert tobacco products, as defined, begin delete 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. end delete begin insert on the playing field of a baseball stadium during a professional baseball game or practice. end insert The bill begin delete provides that, end delete begin insert would provide that end insert 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:  begin delete yes end delete begin insert no end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin delete

SECTION 1.  

This act shall be known, and may be cited, as the
Tobacco Free Baseball Act.

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

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.  begin delete Public Spaces end delete begin insert Smokeless Tobacco in Professional
Baseball end insert

 

118916.  

(a)  begin insert (1) end insert begin insert   end insert The Legislature finds and declares that the
begin delete regulation on end delete begin insert use of smokeless end insert tobacco products begin delete in professional,
collegiate, high school, and other baseball stadiums end delete begin insert by professional
baseball players end insert is a matter of statewide interest and concern. It
is the intent of the Legislature in enacting this section to prohibit
begin delete 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 end delete begin insert the use of smokeless
tobacco products by professional baseball players in end insert stadiums in
this state.

begin insert

(2) The Legislature further finds that there is a high level of
smokeless tobacco use by Major League Baseball players, as well
as a well-established role-model effect between professional
baseball players and youth. A ban on the use of smokeless tobacco
in professional baseball takes aim at the use of smokeless tobacco
by professional baseball players at stadiums throughout California
with the goal that impressionable youth never begin to use
smokeless tobacco products or associate smokeless tobacco with
the sport of baseball.

end insert begin insert

(3) To promote a healthy and active lifestyle and to set a better
example for youth, the Legislature urges Major League Baseball
and the Major League Baseball Players Association to adopt a
nationwide ban on the use of smokeless tobacco by players,
managers, and coaches in public stadiums. Since 1993, minor
league baseball has prohibited the use or possession of smokeless
tobacco by players, coaches, and umpires on ballpark premises
and during club travel.

end insert

(b) A person shall not use begin insert or possess end insert a begin insert smokeless end insert tobacco
product at any time begin delete at end delete begin insert on the playing field of end insert a baseball stadium.

(c) For purposes of this section, the following definitions shall
apply:

(1) “Baseball stadium” means the physical area in which a
begin delete professional, collegiate, high school, or other organized end delete
begin insert professional end insert baseball game or practice is begin delete 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. end delete begin insert occurring. end insert

begin insert

(2) “Playing field” means the area in which a baseball game
is played, including a dugout, bullpen, and team bench area.

end insert begin delete

(2) “Organized

end delete

begin insert (3) end insert begin insert   end insert begin insert “Professional end insert baseball” means baseball games played in
connection with begin delete an established league or other association of
persons. end delete begin insert Major League Baseball or minor league baseball. end insert

begin delete

(3)

end delete

begin insert (4) end insert  “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 begin delete sinus. end delete
begin insert snus. end insert

begin delete

(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)

end delete

begin insert (d) end insert  This section shall be construed as supplementing and
imposing prohibitions and requirements in addition to those in
existing law.

begin delete

(f)

end delete

begin insert (e) end insert  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.