CA AB2386

Find the most up-to-date revision of this bill here.

 

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2386


Introduced by Assembly Member Lee

February 12, 2024


An act to add Article 6 (commencing with Section 104559.6) to Chapter 1 of Part 3 of Division 103 of the Health and Safety Code, relating to tobacco.


LEGISLATIVE COUNSEL'S DIGEST


AB 2386, as introduced, Lee. Tobacco: retailer disclosures.
Existing law expresses the Legislature’s findings and declarations that smoking is the single most important source of preventable disease and premature death in California. Existing law declares the intent of the Legislature to require the State Department of Public Health, local lead agencies, and the State Department of Education to cooperatively and individually conduct activities directed at the prevention of tobacco use and tobacco-related diseases.
This bill would require licensed preowned vehicle retailers, as defined, to disclose a tobacco smoke history inspection report, conducted within the 90 days preceding sale of the vehicle, to customers at the point of sale and prior to transfer of ownership. The bill would require these retailers to make these inspection reports available online to consumers.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Article 6 (commencing with Section 104559.6) is added to Chapter 1 of Part 3 of Division 103 of the Health and Safety Code, to read:
Article  6. Tobacco Residue Disclosure

 

104559.6.
 (a) The Legislature finds and declares that the detection of nicotine residue exceeding 10 micrograms per square meter in a vehicle signals the potential presence of carcinogenic compounds at levels that increase health risks particularly for children under 5 years of age and individuals with medical conditions that make them vulnerable.
(b) For the purposes of this section, “licensed pre-owned vehicle retailer” means a dealer holding a license issued pursuant to Chapter 4 (commencing with Section 11700) of Division 5 of the Vehicle Code. This definition does not include any of the following:
(1) A new motor vehicle dealer, as defined in Section 426 of the Vehicle Code.
(2) A manufacturer or remanufacturer holding a license issued pursuant to Chapter 4 (commencing with Section 11700) of Division 5 of the Vehicle Code.
(3) An automobile dismantler holding a license and certificate issued pursuant to Chapter 3 (commencing with Section 11500) of Division 5 of the Vehicle Code.
(4) A lessor-retailer holding a license issued pursuant to Chapter 3.5 (commencing with Section 11600) of Division 5 of the Vehicle Code and subject to the provisions of Section 11615.5 of the Vehicle Code.
(c) A licensed preowned vehicle retailer, whether part of a franchise or an independent dealership, shall comply with all of the following:
(1) Conduct inspections of vehicle cabins to identify levels of tobacco smoke residue and nicotine at or exceeding 10 micrograms per square meter.
(2) (A) Disclose a tobacco smoke history inspection report to customers at the point of sale, prior to the transfer of ownership.
(B) A tobacco smoke history inspection report issued to the customer pursuant to this paragraph shall be dated within the last 90 days preceding the sale.
(3) Publish the tobacco smoke history inspection reports on an internet website.

 

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