BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
                             Senator Tony Mendoza, Chair
                                2015 - 2016  Regular 

          Bill No:               AB 768       Hearing Date:    July 8,  
          2015
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          |Author:    |Thurmond                                             |
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          |Version:   |June 3, 2015                                         |
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          |Urgency:   |No                     |Fiscal:    |No               |
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          |Consultant:|Gideon Baum                                          |
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                   Subject:  Smokeless tobacco: baseball stadiums.


          KEY ISSUE
          
          Should the Legislature ban the use of smokeless tobacco on a  
          baseball field during a practice or a baseball game?

          ANALYSIS
          
           Existing law  prohibits an employee from smoking tobacco products  
          in an enclosed area, and also prohibits any employer from  
          knowingly permitting anyone smoking tobacco in an enclosed space  
          at a place of employment. "Enclosed space" includes lobbies,  
          lounges, waiting areas, elevators, stairwells, and restrooms  
          that are a structural part of the building and not specifically  
          exempted. (Labor Code §6404.5)

           Existing law  prohibits a public employee or member of the public  
          from smoking any tobacco product inside a public building, or in  
          an outdoor area within 20 feet of a main exit, entrance, or  
          operable window of a public building, or in a passenger vehicle  
          owned by the state. 
          (Government Code §7597)
           
          
          This bill:
          
           1)Prohibits the use or possession of smokeless tobacco products  
            on the playing field of a baseball stadium during a  







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            professional baseball game or practice.

          2)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.

          3)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.

          4)Makes legislative findings and declarations.





          COMMENTS
          
          1.  Sports in California: A Tradition of Excellence

            In the United States, there are few institutions that are  
            treated with the reverence and respect of professional sports.  
             Whereas earlier cultures shaped their calendar by the seasons  
            and agricultural cycles, today's calendar is shaped by the  
            sports cycle: baseball in April; football in September;  
            basketball in October; and play-offs and training in-between.   
            As with all great institutions, the foundation of the  
            institution rests on a social contract.  In the case of  
            professional sports, the social contract is between the  
            athletes who play the games, the owners who shape the teams,  
            and the fans that support them both.

            Nowhere is this truer than in California.  With the advent of  
            professional baseball in San Francisco and Oakland in 1887,  
            professional sports began to leave its imprint on the Golden  
            State.  Baseball teams in California have won 12 World Series  
            Championships, and some of baseball's greatest players of all  
            time hail from California, including Joe DiMaggio, Curt Flood,  
            Tony Gwynn, Jackie Robinson, and Ted Williams. From a labor  
            perspective, Flood's legacy is particularly notable - he  








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            challenged the "reserve clause" in baseball contracts, which  
            gave the team that held the player's contract near absolute  
            control over the player's contract. This challenge opened the  
            door to free agency, ensuring that players shared in the  
            financial windfall of modern sports.

          2.  Smokeless Tobacco in Baseball:  

            Smokeless tobacco has a long history in baseball, and it was  
            historically prevalent. According to press accounts, use of  
            chewing tobacco among baseball players was as high as 50% in  
            1994. More recently, it has dropped to 33% of players using  
            smokeless tobacco, but attempts to prohibit the use of  
            smokeless tobacco during games through the collective  
            bargaining process have so far failed. However, in the wake of  
            the death of Tony Gwynn in 2014 due to cancer caused by  
            smokeless tobacco, several players voluntarily stopped using  
            smokeless tobacco during games. Additionally, press accounts  
            at that time quoted then-Commissioner of Baseball Bud Selig as  
            saying smokeless tobacco would be a topic of negotiation  
            during future collective bargaining agreement negotiations.

            In the meantime, San Francisco this year banned smokeless  
            tobacco in baseball stadiums. As the ban will not take effect  
            until 2016, the enforcement questions of such a ban remain  
            unanswered. If a player was seen chewing tobacco on the field,  
            would enforcement occur during the game? If a player disputed  
            that he was chewing tobacco, how would such a dispute be  
            resolved? And would a player guilty of chewing of tobacco face  
            fines or suspension from the MLB for conduct "detrimental to  
            baseball", despite the fact such behavior allowed in other  
            states? In short, noting the challenges of enforcing a  
            smokeless tobacco ban in a workplace as unusual as a baseball  
            field, it is likely that some level of buy-in from the players  
            is essential. Noting the press accounts above, it is likely  
            that this will occur through the collective bargaining  
            process.

          


          










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          3.  Proponent Arguments  :
            
            According to the author, Major League Baseball (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  
            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."

          4.  Opponent Arguments  :

            None on file.

          5.  Prior Legislation  :

            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.



          SUPPORT
          
          American Federation of State, County and Municipal Employees,  
          AFL-CIO
          

          OPPOSITION
          
          None received. 

                                      -- END --








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