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
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          |Author:    |Thurmond                                             |
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          |Version:   |6/3/2015    Amended                                  |
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          |Urgency:   |No                     |Fiscal:      |No              |
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          |Consultant:|Felipe Lopez                                         |
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          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.







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          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  








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          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.  









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          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  








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          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.








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          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  








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          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