Senate Bill 2879

AN ACT TO PROHIBIT PRICE-GOUGING IN THE SALE AND DISTRIBUTION OF LIQUEFIED PETROLEUM GAS OR PROPANE; TO CREATE A PROCEDURE FOR FILING OF CONSUMER COMPLAINTS; TO DELEGATE AUTHORITY FOR THE ENFORCEMENT OF THE ACT TO THE ATTORNEY GENERAL AND DEPARTMENT OF AGRICULTURE; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) It shall be unlawful for a person who is engaged in the distribution of liquefied petroleum gas, either wholesale or retail, including commercial carriers who transport or haul liquefied petroleum gas to be distributed or sold within this state, to knowingly and willfully sell liquefied petroleum gas at a price amounting to an unconscionable price. "Unconscionable price" means an amount more than fifteen percent (15%) in excess of the price ordinarily charged for liquefied petroleum gas in the same market area over the year preceding the sale complained of; however, the value received may include any expenses and the cost of the liquefied petroleum gas which are necessarily incurred in procuring the liquefied petroleum gas. The prices ordinarily charged for comparable goods or services in the same market area do not include temporarily discounted goods or services. The same market area does not necessarily mean a single provider of goods or services.

(2) (a) Any person who is aggrieved by the price for a sale of liquefied petroleum gas who is of the opinion that the sale that is the subject of the person's grievance violates this section may file a complaint with the Attorney General, Office of Consumer Protection, on a form to be devised by that office and made available to consumers upon request and on the website of the Office of the Attorney General. The Attorney General shall have all the powers specified in Section 75-25-27 in the execution of this section.

(b) Upon receipt of a complaint under this section, the Attorney General shall investigate the complaint and seek an amicable resolution between the seller and purchaser who are parties to the complaint in a civil price adjustment proceeding. The personnel of the Department of Agriculture shall be tasked with assisting the staff of the Attorney General in the investigation and mediation of the grievance. If resolution cannot be achieved and the Attorney General finds that the elements of the complaint are substantiated, the Attorney General shall file a complaint against the seller for an unfair or deceptive trade practice.

(3) Any person who knowingly and willfully violates this section after having been disciplined in a civil price adjustment proceeding in the twelve-month period before the sale subsequently being complained of shall be guilty of a misdemeanor and upon conviction shall be fined not more than Five Hundred Dollars ($500.00), imprisoned in the county jail for a term not to exceed six (6) months, or both.

(4) The remedies in this section are in addition to and not in derogation of remedies otherwise available under federal, state or local law to the attorney general, the district or county attorneys, or to persons injured by violations of this chapter.

SECTION 2. This act shall take effect and be in force from and after July 1, 2011.