House Bill 818

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 17-17-415, MISSISSIPPI CODE OF 1972, TO ALLOW A TIRE RETAILER TO LIST THE COST TO DISPOSE OF A WASTE TIRE SEPARATELY FROM THE PRICE OF A NEW OR REUSABLE TIRE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 17-17-415, Mississippi Code of 1972, is amended as follows:

17-17-415. (1) Any person selling new or reusable tires at retail shall accept from a customer at the point of transfer, used or waste tires in a quantity at least equal to the number of new or reusable tires purchased, if offered by the customer. In addition, any person selling new or reusable tires at retail and accepting in return used or waste tires from the customer for ultimate disposal/recycling shall be prohibited from imposing additional disposal fees on the consumer in excess of the applicable tire fee in Section 17-17-423. Any disposal costs incurred by the retailer may be included in the price of the new or reusable tire or listed as a separate cost to the customer, but shall not be included in both the price of the tire and as a separate cost to the customer.

(2) Any tire retailer, tire wholesaler, motor vehicle dismantler and salvage dealer may hold not more than five hundred (500) waste tires for a period not to exceed ninety (90) days without being authorized as a waste tire collection site, if such tires are stored in a manner which protects human health and the environment pursuant to regulations adopted by the commission.

SECTION 2. This act shall take effect and be in force from and after July 1, 2004.