Bill Text: CA AB2386 | 2023-2024 | Regular Session | Amended
Bill Title: Tobacco: retailer disclosures.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-12 - In committee: Hearing postponed by committee. [AB2386 Detail]
Download: California-2023-AB2386-Amended.html
|
Amended
IN
Assembly
April 08, 2024 |
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 amended, 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
provide customers with a specified tobacco residue disclosure 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. the disclosure separate from the purchase agreement and would also require the customer to sign the disclosure.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill 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.
(5) A wholesale motor vehicle auction. For purposes of this section, “wholesale motor vehicle auction” means an auction where vehicles are sold to dealers and other commercial purchasers.
(6) A licensed dealer whose primary business is the sale of large construction, agricultural, and industrial equipment for commercial use.
(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.
(1) Provide a customer with the following tobacco residue disclosure in the language utilized in the written purchase agreement in no less than 10-point font, that reads as follows:
(A) “This automobile has not been tested for tobacco smoke residue. Public university research has established that tobacco smoke residue represents a health hazard and cannot easily be removed.”
(B) “This automobile has been tested for tobacco smoke residue. Tobacco smoke residue above 10 micrograms per square meter has been found within the last 90 days.”
(C) “This automobile has been tested for tobacco smoke residue. Tobacco smoke residue above 10 micrograms per square meter has not been found within the last 90 days.”
(2) The tobacco residue disclosure shall be provided to the customer at the point of sale, prior to the transfer of ownership. The disclosure shall include a header that reads “Tobacco Residue Disclosure” and shall include each of the options in subparagraphs (A) to (C), inclusive, of paragraph (1). The dealer shall identify the applicable disclosure statement. The tobacco residue disclosure shall be separate from the purchase agreement and signed by the customer acknowledging receipt of the completed tobacco residue disclosure.
