H 3430 General Bill, By Simrill, G.M. Smith, Felder, Pope, Weeks, Taylor, Hixon, 
Corley, Norrell, Ridgeway, Henderson, G.A. Brown, Long, Lucas, Pitts, Atwater, 
Gagnon, Gambrell, Wells and Hicks
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 77
 TO TITLE 39 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO SELL OR INSTALL AN
 UNMOUNTED, UNSAFE USED TIRE ONTO A PASSENGER CAR OR LIGHT TRUCK, TO DEFINE
 "UNSAFE" FOR THE PURPOSES OF THE CHAPTER, TO REQUIRE THE DEPARTMENT OF HEALTH
 AND ENVIRONMENTAL CONTROL TO CONDUCT INSPECTIONS, TO PROVIDE A CIVIL FINE FOR
 EACH VIOLATION, TO PROVIDE THAT THIS CHAPTER DOES NOT LIMIT A BUSINESS OR
 INDIVIDUAL'S LIABILITY UNDER THE STATE'S PRODUCTS LIABILITY LAWS, AND TO
 EXEMPT A BUSINESS OR PERSON WHO IS SELLING TIRES FOR RETREADING.

   01/27/15  House  Introduced and read first time (House Journal-page 24)
   01/27/15  House  Referred to Committee on Judiciary
                     (House Journal-page 24)
   02/03/15  House  Member(s) request name added as sponsor: Corley
   02/05/15  House  Member(s) request name added as sponsor: Norrell,
                     Ridgeway
   02/10/15  House  Member(s) request name added as sponsor: Henderson
   02/11/15  House  Member(s) request name added as sponsor:
                     G.A.Brown, Long
   02/12/15  House  Member(s) request name added as sponsor: Lucas, Brannon
   02/17/15  House  Member(s) request name added as sponsor: Pitts,
                     Atwater, Gagnon, Gambrell
   03/04/15  House  Member(s) request name added as sponsor: Wells
   04/23/15  House  Member(s) request name added as sponsor: Hicks
   04/23/15  House  Committee report: Favorable with amendment
                     Judiciary (House Journal-page 113)
   04/28/15  House  Requests for debate-Rep(s). Howard, McEachern
                     (House Journal-page 92)
   04/29/15  House  Member(s) request name removed as sponsor: Brannon
   04/29/15  House  Requests for debate-Rep(s). Brannon, Norman,
                     Bamber, Whipper, Toole, Burns, Neal, Williams,
                     Jefferson, Southard, Rivers, Yow, Johnson, Hill,
                     Crawford, Henegan (House Journal-page 43)
   04/29/15  House  Amended (House Journal-page 153)
   04/29/15  House  Read second time (House Journal-page 153)
   04/29/15  House  Roll call Yeas-56  Nays-48 (House Journal-page 156)
   04/30/15  House  Read third time and sent to Senate
                     (House Journal-page 20)
   04/30/15  House  Roll call Yeas-74  Nays-28 (House Journal-page 20)
   05/04/15  Senate Introduced and read first time (Senate Journal-page 10)
   05/04/15  Senate Referred to Committee on Labor, Commerce and
                     Industry (Senate Journal-page 10)
   05/28/15  Senate Committee report: Favorable Labor, Commerce and
                     Industry (Senate Journal-page 4)
   05/29/15         Scrivener's error corrected
   06/03/15  Senate Read second time (Senate Journal-page 45)
   06/04/15  Senate Amended
   06/05/15         Scrivener's error corrected
   05/11/16  Senate Debate interrupted (Senate Journal-page 82)

H. 3430

AMENDED

June 4, 2015

H. 3430

Introduced by Reps. Simrill, G.M. Smith, Felder, Pope, Weeks, Taylor, Hixon, Corley, Norrell, Ridgeway, Henderson, G.A. Brown, Long, Lucas, Pitts, Atwater, Gagnon, Gambrell, Wells and Hicks

S. Printed 6/4/15--S.    [SEC 6/5/15 2:21 PM]

Read the first time May 4, 2015.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 77 TO TITLE 39 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO SELL OR INSTALL AN UNMOUNTED, UNSAFE USED TIRE ONTO A PASSENGER CAR OR LIGHT TRUCK, TO DEFINE "UNSAFE" FOR THE PURPOSES OF THE CHAPTER, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONDUCT INSPECTIONS, TO PROVIDE A CIVIL FINE FOR EACH VIOLATION, TO PROVIDE THAT THIS CHAPTER DOES NOT LIMIT A BUSINESS OR INDIVIDUAL'S LIABILITY UNDER THE STATE'S PRODUCTS LIABILITY LAWS, AND TO EXEMPT A BUSINESS OR PERSON WHO IS SELLING TIRES FOR RETREADING.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

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

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 in this State 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, or scrapes;

(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    2.    This act takes effect upon approval by the Governor.