BP BHEAD INT H

AN ACT Relating to the use of nonmajor league baseball replacement players; amending RCW 67.30.010; adding a new section to chapter 49.32 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds and declares that major league baseball has a deeply rooted cultural tradition in America. The tradition of baseball mirrors the historic and social fabric of our nation, thus strong emotional and sometimes passionate ties have developed between major league baseball teams and their fans.

The legislature further finds that the federal government exemption of major league baseball from laws regulating monopolies has created an inseparable economic tie between major league baseball teams and the cities they serve. Subsequent rulings on the National Labor Relation Act of 1935 have led to the understanding that "conduct which touches interests so deeply rooted in local feeling and responsibility may continue to be regulated by state law." These socioeconomic ties, which have developed over the past century, have made maintaining the purity of major league baseball in the direct social and economic interest of the state.

The legislature further finds and declares that the use of nonmajor league-caliber replacement players would undermine the integrity of major league baseball and cause unnecessary strife. Recent polls clearly show that the majority of season ticket holders do not support the use of nonmajor league replacement players and would rather forfeit a game than be forced to watch teams consisting of replacement players.

The legislature further finds that the use of nonmajor league replacement players will be viewed as consumer fraud by the public. Fans, who purchase tickets at major league prices as well as watch and listen to major league baseball on pay television or radio, are expecting major league-caliber players. They expect and demand to see the most skillful and competent players available in the world. Replacement players will not come near to meeting these standards and, therefore, pose a threat to the integrity of major league baseball teams.

The legislature further finds that Washington state, as well as local merchants, all have economic interests in the rentals of vending booths and the commerce that is generated by the local teams that serve the state. The state, particularly in these tough economic times, can not afford to absorb the effects of a prolonged labor dispute involving the owners of major league baseball teams and professional baseball players.

NEW SECTION. Sec. 2. A new section is added to chapter 49.32 RCW to read as follows:

(1) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.

(a) "Labor dispute" means a controversy concerning economic terms or conditions of employment.

(b) "Nonmajor league baseball replacement player" means a person who has not, before January 1, 1995, signed a contract with or played on a major league baseball team. "Nonmajor league baseball replacement player" includes a person who has signed a contract and played on a major league farm team or an affiliated team.

(c) "Owner" means a person, private firm, or corporation that employs twenty-five or more persons to perform athletic services for a baseball team under an express or implied contract. "Owner" also includes a person, private firm, or corporation acting directly or indirectly as an agent of an employer.

(2) Notwithstanding the other provisions of this chapter, the attorney general may apply in the supreme court of this state for an injunction to prohibit the use of nonmajor league baseball replacement players by an owner involved in a labor dispute.

Sec. 3. RCW 67.30.010 and 1967 c 166 s 2 are each amended to read as follows:

The participation of counties and cities in multipurpose sports stadia which may be used for football, baseball, soccer, conventions, home shows or any and all similar activities; the purchase, lease, condemnation, or other acquisition of necessary real property therefor; the acquisition by condemnation or otherwise, lease, construction, improvement, maintenance, and equipping of buildings or other structures upon such real property or other real property; the operation and maintenance necessary for such participation, and the exercise of any other powers herein granted to counties and cities, are hereby declared to be public, governmental, and municipal functions, exercised for a public purpose, and matters of public necessity, and such real property and other property acquired, constructed, improved, maintained, equipped, and used by counties and cities in the manner and for the purposes enumerated in this chapter shall and are hereby declared to be acquired, constructed, improved, maintained, equipped and used for public, governmental, and municipal purposes and as a matter of public necessity. However, a stadium built under this chapter may not be used for the playing of baseball by nonmajor league baseball replacement players as defined in section 2 of this act.