View Amendment Current Amendment: 1 to Bill 3430 The Committee on Judiciary proposes the following Amendment No. 1 to H. 3430 (COUNCIL\BBM\3430C002.BBM.SA15):

Reference is to the bill as introduced.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/      SECTION      1.      Title 39 of the 1976 Code is amended by adding:

"CHAPTER 77

Sale of Unsafe Used Tires

     Section 39-77-10.      It is unlawful for a person to install an unsafe used tire onto a passenger car or light truck or sell or offer for sale an unsafe used tire that the person knew or should have known would be installed onto a passenger car or light truck or offered for resale to be installed onto a passenger car or light truck.

     Section 39-77-20.      For the purposes of this chapter, 'unsafe' means, upon an inspection of the exterior or inner lining of a tire, that the tire reveals:
     (1)      tread depth is worn to two thirty-seconds of an inch or less on any area of the tire;
     (2)      damage exposing the reinforcing plies of the tire, including cuts, cracks, bulges, punctures, scrapes, or other wear;
     (3)      an improper repair that includes any repair to the tire in the tread shoulder or belt edge area, a puncture that has not been both sealed with a patch on the inside and repaired with a cured rubber stem plugging that runs to the outside, a repair to the sidewall or bead area of the tire, or a puncture repair of damage that is larger than one quarter of an inch in size;
     (4)      evidence of prior use of a temporary tire sealant without evidence of a subsequent properly performed repair;
     (5)      a defaced or removed United States Department of Transportation tire identification number located on the sidewall of the tire;
     (6)      a recalled tire whose sale is prohibited by federal law;
     (7)      inner liner or bead damage; or
     (8)      indication of internal separation, such as bulges or local areas of irregular tread wear indicating possible tread or belt separation.

     Section 39-77-30.      The provisions of this chapter do not apply to:
     (1)      a business selling used tires for retreading;
     (2)      a business or individual buying and selling motor vehicles or its parts, when the tires were mounted on the motor vehicle at the time the motor vehicle was bought, unless they are also engaged in the business of installing unmounted used tires onto a passenger car or light truck; or
     (3)      tires intended solely for agricultural use or for off the road industrial use.

     Section 39-77-40.      The provisions contained in this chapter do not limit the liability pursuant to Chapter 73, Title 15 for businesses that sell used tires in violation of this chapter.

     Section 39-77-50.      Nothing in this chapter may be construed to create a private cause of action for negligence per se nor may it be construed to impair, limit, or affect common law rights or other statutory theories.

     Section 39-77-60.      A person who violates this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars."

SECTION      2.      This act takes effect upon approval by the Governor.            /

Renumber sections to conform.
Amend title to conform.