Amended in Senate July 14, 2015

Amended in Assembly June 3, 2015

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

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(Coauthor: Assembly Member Bloom)

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(Coauthors: Assembly Members Bloom and Bonta)

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(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 begin delete would end delete begin insert would, commencing December 1, 2016, end insert 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. begin delete 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. end delete begin insert The bill would provide that its provisions do not preempt or prohibit the adoption of a more restrictive local ordinance regarding smokeless tobacco possession or use in a baseball stadium. end insert

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.

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

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(d) This section sets forth minimum state restrictions on the use
or possession of smokeless tobacco in a baseball stadium and does
not preempt or otherwise prohibit the adoption of a local ordinance
that imposes a more restrictive or complete ban on smokeless
tobacco use and possession in a baseball stadium. A local
ordinance that imposes a more restrictive or complete ban on
smokeless tobacco use or possession in a baseball stadium shall
control in the event of an inconsistency between this section and
the local ordinance.

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(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.

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(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.

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(f) This section shall become operative on December 1, 2016.

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