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