BILL ANALYSIS Ó
AB 768
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
768 (Thurmond)
As Amended July 14, 2015
Majority vote
--------------------------------------------------------------------
|ASSEMBLY: | | (June 4, |SENATE: |24-14 | (August 24, |
| |53-25 |2015) | | |2015) |
| | | | | | |
| | | | | | |
--------------------------------------------------------------------
Original Committee Reference: A.,E.,S.,T., & I.M.
SUMMARY: Prohibits the use or possession of smokeless tobacco
products on the playing field of a baseball stadium during a
professional baseball game or practice.
The Senate amendments:
1)Strike the provisions declaring this section does not
supersede any 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.
2)Specify that this bill sets forth minimum state restrictions
on the use or possession of smokeless tobacco in baseball
stadiums and specify that a local ordinance shall control in
the event of an inconsistency between the provisions of this
AB 768
Page 2
bill and the local ordinance.
3)Provide that this bill becomes operative on December 1, 2016.
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.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, there are negligible costs to local law enforcement,
if any.
COMMENTS: 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
AB 768
Page 3
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. AB 768 will send a simple
and powerful message to young fans that baseball and smokeless
tobacco don't mix."
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.
Smokeless Tobacco use in Major League Baseball (MLB). Smokeless
tobacco use by baseball players is an issue that is the subject
of an existing collective bargaining agreement. 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.
The current agreement is set to expire December 1, 2016, which
coincides with the enactment date of this legislation.
Local ordinance in San Francisco. In May of this year San
Francisco became the first city in the nation to outlaw all
forms of tobacco, including e-cigarettes and chewing tobacco,
from its athletic playing fields, including AT&T Park home to
the San Francisco Giants. The ordinance will take effect Jan.
1, 2016.
AB 768
Page 4
Analysis Prepared by:
Dana Mitchell/ A.,E.,S.,T., & I.M. / (916)
319-3450
FN: 0001290