BILL NUMBER: AB 768	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 3, 2015
	AMENDED IN ASSEMBLY  MAY 5, 2015
	AMENDED IN ASSEMBLY  APRIL 6, 2015

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. Smokeless tobacco: baseball
stadiums.
   Existing law generally prohibits the smoking of tobacco in the
workplace and in public buildings, except in specified areas.
   This bill would prohibit the use or possession of smokeless
tobacco products, as defined, on the playing field of a baseball
stadium during a professional baseball game or practice. The bill
would provide 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.  The bill would provide that its provisions do
not supersede a conflicting provision relating to smokeless tobacco
in a collective bargaining agreement that is in effect on January 1,
2016, but will only apply to a collective bargaining agreement 
 that is executed on or after January 1, 2016. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  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.  Smokeless Tobacco in Professional Baseball


   118916.  (a) (1) The Legislature finds and declares that the use
of smokeless tobacco products by professional baseball players is a
matter of statewide interest and concern. It is the intent of the
Legislature in enacting this section to prohibit the use of smokeless
tobacco products by professional baseball players in stadiums in
this state.
   (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.
   (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.
   (b) A person shall not use or possess a smokeless tobacco product
at any time on the playing field of 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 baseball game or practice is occurring.
   (2) "Playing field" means the area in which a baseball game is
played, including a dugout, bullpen, and team bench area.
   (3) "Professional baseball" means baseball games played in
connection with Major League Baseball or minor league baseball.
   (4) "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 snus.
   (d) This section shall be construed as supplementing and imposing
prohibitions and requirements in addition to those in existing law.
   (e) 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. 
   (f) The requirements of this section do not supersede a
conflicting provision relating to smokeless tobacco contained in a
collective bargaining agreement that is in effect on January 1, 2016,
but will only apply to a collective bargaining agreement that is
executed on or after January 1, 2016.