BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 768


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          768 (Thurmond)


          As Amended  July 14, 2015


          Majority vote


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          |ASSEMBLY:  |      | (June 4,      |SENATE: |24-14 | (August 24,     |
          |           |53-25 |2015)          |        |      |2015)            |
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          |           |      |               |        |      |                 |
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          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


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            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  








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          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


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          Analysis Prepared by:                                             
                          Dana Mitchell/ A.,E.,S.,T., & I.M. / (916)  
                          319-3450                                          
           FN: 0001290