Bill Text: CA AB768 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Smokeless tobacco: baseball stadiums.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2015-10-11 - Chaptered by Secretary of State - Chapter 779, Statutes of 2015. [AB768 Detail]

Download: California-2015-AB768-Chaptered.html

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BILL NUMBER: AB 768	CHAPTERED
	BILL TEXT

	CHAPTER  779
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2015
	APPROVED BY GOVERNOR  OCTOBER 11, 2015
	PASSED THE SENATE  AUGUST 24, 2015
	PASSED THE ASSEMBLY  AUGUST 27, 2015
	AMENDED IN SENATE  JULY 14, 2015
	AMENDED IN ASSEMBLY  JUNE 3, 2015
	AMENDED IN ASSEMBLY  MAY 5, 2015
	AMENDED IN ASSEMBLY  APRIL 6, 2015

INTRODUCED BY   Assembly Member Thurmond
   (Coauthors: Assembly Members Bloom and Bonta)
   (Coauthor: Senator Leno)

                        FEBRUARY 25, 2015

   An act to add Article 1.5 (commencing with Section 118916) to
Chapter 4 of Part 15 of Division 104 of the Health and Safety Code,
relating to tobacco.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 768, Thurmond. Smokeless tobacco: baseball stadiums.
   Existing law generally prohibits the smoking of tobacco in the
workplace and in public buildings, except in specified areas.
   This bill would, commencing December 1, 2016, prohibit the use or
possession of smokeless tobacco products, as defined, on the playing
field of a baseball stadium during a professional baseball game or
practice. The bill would provide that if any provision or its
application is held invalid, that invalidity shall not affect other
provisions or applications that can be given effect without the
invalid provision or application. The bill would provide that its
provisions do not preempt or prohibit the adoption of a more
restrictive local ordinance regarding smokeless tobacco possession or
use in a baseball stadium.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 1.5 (commencing with Section 118916) is added
to Chapter 4 of Part 15 of Division 104 of the Health and Safety
Code, to read:

      Article 1.5.  Smokeless Tobacco in Professional Baseball


   118916.  (a) (1) The Legislature finds and declares that the use
of smokeless tobacco products by professional baseball players is a
matter of statewide interest and concern. It is the intent of the
Legislature in enacting this section to prohibit the use of smokeless
tobacco products by professional baseball players in stadiums in
this state.
   (2) The Legislature further finds that there is a high level of
smokeless tobacco use by Major League Baseball players, as well as a
well-established role-model effect between professional baseball
players and youth. A ban on the use of smokeless tobacco in
professional baseball takes aim at the use of smokeless tobacco by
professional baseball players at stadiums throughout California with
the goal that impressionable youth never begin to use smokeless
tobacco products or associate smokeless tobacco with the sport of
baseball.
   (3) To promote a healthy and active lifestyle and to set a better
example for youth, the Legislature urges Major League Baseball and
the Major League Baseball Players Association to adopt a nationwide
ban on the use of smokeless tobacco by players, managers, and coaches
in public stadiums. Since 1993, minor league baseball has prohibited
the use or possession of smokeless tobacco by players, coaches, and
umpires on ballpark premises and during club travel.
   (b) A person shall not use or possess a smokeless tobacco product
at any time on the playing field of a baseball stadium.
   (c) For purposes of this section, the following definitions shall
apply:
   (1) "Baseball stadium" means the physical area in which a
professional baseball game or practice is occurring.
   (2) "Playing field" means the area in which a baseball game is
played, including a dugout, bullpen, and team bench area.
   (3) "Professional baseball" means baseball games played in
connection with Major League Baseball or minor league baseball.
   (4) "Smokeless tobacco" means 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.
   (d) This section sets forth minimum state restrictions on the use
or possession of smokeless tobacco in a baseball stadium and does not
preempt or otherwise prohibit the adoption of a local ordinance that
imposes a more restrictive or complete ban on smokeless tobacco use
and possession in a baseball stadium. A local ordinance that imposes
a more restrictive or complete ban on smokeless tobacco use or
possession in a baseball stadium shall control in the event of an
inconsistency between this section and the local ordinance.
   (e) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
   (f) This section shall become operative on December 1, 2016.