BILL ANALYSIS Ó SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION Senator Isadore Hall, III Chair 2015 - 2016 Regular Bill No: AB 768 Hearing Date: 6/29/2015 ----------------------------------------------------------------- |Author: |Thurmond | |-----------+-----------------------------------------------------| |Version: |6/3/2015 Amended | ----------------------------------------------------------------- ------------------------------------------------------------------ |Urgency: |No |Fiscal: |No | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Felipe Lopez | | | | ----------------------------------------------------------------- SUBJECT: Smokeless tobacco: baseball stadiums DIGEST: This bill prohibits the use or possession of smokeless tobacco products on the playing field of a baseball stadium during a professional baseball game or practice. ANALYSIS: Existing law: 1)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, musical recital, or any other performance, with the exception of any indoor sporting event, except in designated area. 2)Prohibits any person from smoking in any public workplace or restaurant, inside a public building or within 20 feet of any air intake door or window of any government building. 3)Defines "tobacco product" to mean any product containing tobacco, as specified, including, but not limited to, cigarette, loose tobacco, cigars, snuff, chewing tobacco, or any other preparation of tobacco. 4)Defines an "electronic cigarette" as a device that can provide an inhalable dose of nicotine by delivering a vaporized solution. AB 768 (Thurmond) Page 2 of ? This bill: 1)Prohibits the use or possession of smokeless tobacco products on the playing field of a baseball stadium during a professional baseball game or practice. 2)Defines a "baseball stadium" to mean the physical area in which a professional baseball game or practice is occurring. 3)Defines a "playing field" to mean the area in which a baseball game is played, including a dugout, bullpen, and team bench area. 4)Defines "professional baseball" to mean baseball games played in connection with Major League Baseball (MLB) or minor league baseball. 5)Defines "smokeless tobacco" to mean 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. 6)Specifies that the provisions of this bill do not supersede a conflicting provision 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. 7)Makes legislative findings and declarations. Background Purpose of the bill. According to the author, "MLB has already begun the process of imposing certain limits on the use of smokeless tobacco, but its use has not yet been banned entirely. MLB players are not allowed to carry tobacco packages in their uniform pockets, and tobacco use during televised interviews and non-game functions is prohibited. Today, the crux of the smokeless tobacco debate in California is centered on the on-field use of smokeless tobacco." The author argues that "the use of smokeless tobacco products, particularly by professional players, is an issue of statewide importance because its use by those players serves as a AB 768 (Thurmond) Page 3 of ? detrimental example to our state's youth. In fact, researchers at the Harvard School of Public Health have found that the use of smokeless tobacco by players has a powerful role model effect on youth. AB 768 will send a simple and powerful message to young fans that baseball and smokeless tobacco don't mix." Smoking Policies at MLB Stadiums in California. Currently the State of California is home to the following five professional MLB teams each of which has the following smoking policies: 1)Los Angeles Angels - Angel Stadium: Angel Stadium prohibits smoking, including the use of electronic cigarettes, in seating areas, suites, concourses, and restrooms. Smoking is allowed in designated areas. 2)Los Angeles Dodgers - Dodger Stadium: Dodger Stadium is a smoke-free facility with designated smoking areas. Electronic cigarettes are subject to the same restrictions. 3)Oakland Athletics - O.co Coliseum: In accordance with the City of Oakland's smoking ordinance, all MLB games are smoke-free. Violators of this policy are subject to ejection and/or citation. There are no designated smoking areas anywhere in the stadium. Electronic cigarettes are not permitted. 4)San Diego Padres - Petco Park: The stadium is a smoke-free facility. Guests who use standard or electronic smoking devices at a Petco Park event are required to utilize the designated locations outside the ballpark. 5)San Francisco Giants - AT&T Park: AT&T Park is a smoke free facility with no smoking areas. Smoking is not permitted anywhere in the ballpark. Electronic smoking and any other vaporized smoking is not permitted anywhere inside AT&T Park. Tobacco use in Minor League Baseball. California is currently home to 12 minor league teams. As of 1993, all minor league players, coaches and umpires are forbidden to smoke or chew tobacco anywhere in their ballparks or on team buses. The ban applies to more than 6,000 uniformed baseball personnel on the 160 minor league teams, but not to fans, employees of the clubs or to any major league players, including those sent down to the minors for rehabilitation. AB 768 (Thurmond) Page 4 of ? Smokeless Tobacco use in MLB. Smokeless tobacco use by baseball players is an issue that is the subject of an existing collective bargaining agreement (CBA). Currently, baseball players do not carry tobacco tins or packages in their pockets when fans are allowed in the ballpark or use tobacco during pregame or postgame interviews or team functions, as part of their existing contracts. According to a press release by MLB, the players have agreed to these restrictions based in part upon their understanding of the importance of their status as role models; however, the players union strongly opposes any further limitation of their private rights to engage in legal conduct. This bill specifies that the provisions of this bill would not supersede conflicting provisions 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. The current CBA is set to expire on December 1, 2016. Smoking Prohibitions in California. Since 1994, California has banned smoking in most workplaces. Current law prohibits any person from smoking inside a public building or within 20 feet of any door, window, or air intake of any government building within the state. In addition, it is an infraction for a person to smoke within 25 feet of a playground or for a person to smoke in the presence of a minor in a vehicle. In 2006, the State of California Air Resources Board identified second hand smoke as a Toxic Air Contaminant, meaning that secondhand smoke is now identified as an airborne toxic substance that may cause death or serious illness. The United States Environmental Protection Agency has classified secondhand smoke as a group A carcinogen, the most dangerous class of carcinogen. According to the Centers for Disease Control and Prevention (CDC), secondhand smoke is responsible for an estimated 49,400 deaths among nonsmokers each year in the United States, which includes 3,400 lung cancer deaths and 46,000 deaths due to heart disease. In addition, studies have shown that secondhand smoke can be especially harmful to children because children breathe in more air than adults. This means that their bodies are exposed to more harmful chemicals from secondhand smoke. According to a 1997 study by the California Environmental Protection Agency, effects on children from secondhand smoke cause an estimated 120 AB 768 (Thurmond) Page 5 of ? child deaths per year from sudden infant death syndrome. Prior/Related Legislation SB 151 (Hernandez, 2015) increases the minimum legal age to purchase or consume tobacco from 18 to 21. (Pending in Assembly Governmental Organization Committee) SB 140 (Leno, 2015) recasts and broadens the definition of "tobacco product" in current law to include electronic cigarettes, as specified, and extends current restrictions and prohibitions against the use of tobacco products to electronic cigarettes. (Pending in Assembly Governmental Organization Committee) SB 24 (Hill, 2015) extends the Stop Tobacco Access to Kids Enforcement Act requirements to the sale of electronic cigarettes, distinct from the definition of tobacco products, and requires enforcement, as specified, to begin July 1, 2016. (Failed passage on Senate Floor) AB 48 (Stone, 2015) prohibits a person or entity form selling, giving, or in any way furnishing to another person of any age in this state a cigarette utilizing a single-use filter made of any material, including cellulose acetate. AB 1819 (Hall, Chapter 459, Statutes of 2014) expanded the existing prohibition against smoking in a family day care from only during the hours of operation to at any time. SB 648 (Corbett, 2014) would have prohibited the offer, sale, or distribution of electronic cigarettes from a vending machine or other coin or token operated by a mechanical device or appliance, unless that machine or appliance is located on premises that are issued an on-sale public license to sell alcoholic beverages and is at least 15 feet from the entrance. (Failed passage in Assembly Appropriations Committee) AB 1500 (Dickinson, 2014) would have prohibited a seller that delivers products via shipping or mailing form selling or delivering an electronic cigarette to a person under 18 years of age. AB 352 (Hall, Chapter 291, Statutes of 2013) prohibited the smoking of tobacco products in foster care homes. AB 768 (Thurmond) Page 6 of ? SB 882 (Corbett, Chapter 312, Statutes of 2010) made it unlawful, to the extent not preempted by federal law, for a person to sell or otherwise furnish an electronic cigarette to a person under 18 years of age. FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No SUPPORT: American Academy of Pediatrics, California American Federation of State, County and Municipal Employees, AFL-CIO California Academy of Family Physicians California Black Health Network California Academy of Family Physicians California Chapter of the American College of Emergency Physicians California Children's Hospital Association California Dental Association California Dental Hygienists' Association California Society of Addiction Medicine Children's Defense Fund, California City of Berkeley County Health Executives Association of California Health Access California Medical Oncology Association of Southern California UCSF Benioff Children's Hospital Oakland University of Southern California OPPOSITION: None received ARGUMENTS IN SUPPORT: According to the American Academy of Pediatrics, "tobacco use remains the leading preventable cause of death and illness in the United States. Most tobacco users started using tobacco products before 18 years of age. Role modeling of tobacco use by adults has been demonstrated to be a contributing factor." The California Children's Hospital Association states that, "California is home to five major league baseball teams in both AB 768 (Thurmond) Page 7 of ? leagues. These players are role models for the millions of young people who watch baseball and often see players and managers using tobacco. AB 768 sends a simple and powerful message to kids that sports and tobacco don't mix. Sports, including baseball, should be about promoting a healthy and active lifestyle, not a deadly and addictive product." DUAL REFERAL: Senate Committee on Labor and Industrial Relations