Senate Bill 2784

AN ACT TO PROVIDE THAT IT IS UNLAWFUL TO TAKE, USE, SELL OR DISPOSE OF CONSIGNED MOTOR FUELS WITHOUT THE CONSENT OF THE CONSIGNOR; TO PROVIDE A DEFINITION FOR CONSIGNED MOTOR FUELS; TO REQUIRE A WRITTEN AGREEMENT BETWEEN CONSIGNORS AND CONSIGNEES OF MOTOR FUELS THAT STATES TITLE TO THE CONSIGNED MOTOR FUELS IS VESTED IN THE CONSIGNOR; TO PROVIDE PENALTIES FOR THE THEFT OF CONSIGNED MOTOR FUELS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) As used in this section, the term "consigned motor fuels" means all grades of gasoline including gasohol or any gasoline blend, any grade of diesel or kerosene and all aviation fuels that are delivered or caused to be delivered by one merchant, hereinafter designated the consignor, to another merchant who deals in goods of that kind for the purpose of sale, hereinafter designated the consignee, and which are not owned by the consignee, but remain the property of the consignor.

(2) There shall be a written agreement between the consignor and the consignee, reflecting not only the consignment agreement between the parties, but that title to the consigned motor fuels and to the proceeds from the sale of the consigned motor fuels is always vested in the consignor and never the consignee.

(3) Nothing in this section shall be construed to create a new or additional element necessary to prove the commission of larceny.

(4) It shall be unlawful for any person to take, use, sell or dispose of consigned motor fuels, or the proceeds from the sale of consigned motor fuels, without the consent of the consignor and in violation of the written agreement required in subsection (2) of this section.

(5) A person who violates this act shall be guilty of larceny and subject to those penalties provided in Section 97-17-41 or 97-17-43 based on the value of the property taken.

SECTION 2. This act shall take effect and be in force from and after July 1, 2018.