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This legislation would regulate the manor in which business owners would be required to store scrap tire or used tires. They would be required to be stored outdoors on business premises to be stored in a secure manner and locked during non-business hours.
This legislation would also stipulate that a customer may not retain a scrap tire removed from the customer’s vehicle during the purchase of a tire from a retail seller, and only allows retail sellers to use a company to dispose of tires that meet the criteria of an additional statute. Under this legislation an individual may be punished for committing a violation by a fine of not less than $1,000 or more than $50,000, confinement for a period not to exceed one year, or both fine and confinement. For a person other than an individual, this offense confers a punishment of a fine of not less than $1,000 or more than $100,000.
We oppose this legislation as it goes against every liberty principle we consider when providing analysis for bills.
This legislation prevents retail sellers from contracting with a business of their choosing to dispose of the scrap tires, unless specified under an additional section of Government Code, that meets the criterea. This section restricts the free market.
This legislation expressly prohibits a customer of a retail tire seller from being able to keep the used tire, unless they agree to comply with certain conditions established in this ordinance, including a liability statement for the proper disposal of a tire. This section assumes the business installing the tire by default assumes ownership of the old tire without the customer's permission. This restricts the property rights of the tire owner.
By presuming that an individual is incapable of properly disposing of his own tires and requiring a business to do the job on their behalf, this legislation violates our personal responsibility principle.
Ultimately, this is a case of overregulation of businesses. The state should not be micromanaging the process of disposing of used tires. There are already laws against dumping refuse where it does not belong. These laws carry steep fines already.
For these reasons we oppose SB 1242.