Senate Bill 2807

AN ACT TO PROVIDE THAT IT SHALL BE UNLAWFUL TO TAKE, USE, SELL, DIVERT, APPROPRIATE OR DISPOSE OF CONSIGNED MOTOR FUEL WITHOUT THE CONSENT OF THE CONSIGNOR; TO PROVIDE THAT IT SHALL BE UNLAWFUL TO TAKE, USE, SELL DIVERT, APPROPRIATE OR DISPOSE OF THE PROCEEDS GENERATED FROM THE SALE OF CONSIGNED MOTOR FUELS WITHOUT THE CONSENT OF THE CONSIGNOR; TO PROVIDE THAT VIOLATIONS SHALL BE CONSIDERED GRAND OR PETIT LARCENY DEPENDING ON THE VALUE OF THE PROPERTY TAKEN, USED, SOLD, DIVERTED, APPROPRIATED OR DISPOSED OF; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) As used in this section:

(a) "Consignee" means the merchant engaged in the storage or sale of consigned motor fuels on behalf of the consignor who has entered into a consignment agreement with the consignor.

(b) "Consigned motor fuel" means all grades of motor fuels, including, but not limited to, gasoline, gasohol or any gasoline, ethanol or other alcohol blend, number 1 diesel, number 2 diesel, kerosene and all aviation fuels delivered to a merchant by another for the purpose of storage or sale. Consigned motor fuel and the proceeds generated from the storage and sale of consigned motor fuels are not owned by the consignee but are the property of the consignor.

(c) "Consignment agreement" means a written agreement between the consignor and the consignee whereby the consignee agrees to store or sell the consigned motor fuels belonging to the consignor for a commission or other compensation. The consignment agreement shall reflect not only the terms of the consignment of the consigned motor fuel, but also state that the title to the consigned motor fuel and to the proceeds generated from the storage or sale of the consigned motor fuel is always vested in the consignor and never in the consignee.

(d) "Consignor" means the party who owns the consigned motor fuels that are delivered to the consignee who has entered into a consignment agreement with the consignee.

(2) (a) It shall be unlawful for any person to take, use, sell, divert, appropriate or dispose of consigned motor fuel without the consent of the consignor.

(b) It shall be unlawful for any person to take, use, sell divert, appropriate or dispose of the proceeds generated from the sale of consigned motor fuels without the consent of the consignor.

(3) Any person who violates the provisions of this section shall be guilty of grand or petit larceny, depending on the value of the property taken, used, sold, diverted, appropriated or disposed of, and upon conviction, punished as provided in Section 97-17-41 or Section 97-17-43.

SECTION 2. This act shall take effect and be in force from and after July 1, 2016.