Bill Text: MS HB201 | 2011 | Regular Session | Introduced
Bill Title: Liquefied petroleum gas; allow only owner to fill container.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-02-01 - Died In Committee [HB201 Detail]
Download: Mississippi-2011-HB201-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Insurance
By: Representative Jones (111th)
House Bill 201
AN ACT TO PROVIDE FOR THE IDENTIFICATION MARKING OF LIQUEFIED PETROLEUM GAS CONTAINERS AND TO PROVIDE THAT THE OWNER OF THE CONTAINER IS THE ONLY PERSON ALLOWED TO FILL THE CONTAINER; TO PROVIDE DEFINITIONS; TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 75-21-3 AND 75-57-63, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. For purposes of Sections 1 through 7 of this act:
(a) "Owner" means any person who holds a written bill of sale or other instrument under which title to the container was transferred to such person, any person who holds a paid or receipted invoice showing purchase and payment of such container, and/or any person whose name, initials, mark or other identifying device has been plainly and legibly stamped or otherwise shown upon the surface of such container.
(b) "Liquefied petroleum gas" means any material which is composed predominately of any of the following hydrocarbons or mixtures of the same: propane, propylene, butanes (normal butane and iso-butane) and butylenes.
SECTION 2. Sections 1 through 7 of this act shall not apply to any liquefied petroleum gas container designed to hold twenty (20) pounds or less of liquefied petroleum gas.
SECTION 3. Except as otherwise provided in Section 7 of this act, if a liquefied petroleum gas container shall bear upon the surface thereof in plainly legible characters the name, mark, initials or other identifying device of the owner thereof, it shall be unlawful for any person except the owner or a person authorized in writing by him to: (a) fill such container with, or withdraw from the container, liquefied petroleum gas or any other gas or compound; (b) buy, sell, offer for sale, give, take, loan, deliver or permit to be delivered or otherwise use, dispose of or traffic in any such container; or (c) deface, erase, obliterate, cover up or otherwise remove or conceal or change any such name, mark, initials or other identifying device of the owner or to place the name, mark, initials or other identifying device of any person other than the owner on the container.
SECTION 4. The use of a liquefied petroleum gas container or containers by any person other than the person whose name, mark, initial or device shall be or shall have been upon such liquefied petroleum gas container or containers, without written consent or purchase of the marked and distinguished liquefied petroleum gas container, for the sale of liquefied petroleum gas, filling with liquefied petroleum gas or the withdrawal of liquefied petroleum gas or the possession of such liquefied petroleum gas containers by any person other than the person having his name, mark, initial or other device thereon, without the written consent of the owner, is presumptive evidence of the unlawful use, filling or refilling, transition of or trafficking in of liquefied petroleum gas containers.
SECTION 5. Whenever any person, or the president, secretary, treasurer or other officer of any corporation, or its duly authorized agent who has personal knowledge of the facts, shall make oath in writing before any judge that the party so making the affidavit has reason to believe and does believe that any of its liquefied petroleum gas containers marked with the name, initials, mark or other device of the owner, are in the possession of or being used by or being filled or transferred by, or that liquefied petroleum gas is being withdrawn from the container by, any person whose name, initials, mark or other device does not appear on the containers, and who is in the possession of, filling or refilling or using any such containers without the written consent of the owner of the name, initials or trade mark, the judge, when satisfied that there is reasonable cause, may issue a search warrant and cause the premises designated to be searched for the purpose of discovering and obtaining the same and may also cause to be brought before him the person in whose possession the containers may be found and shall then inquire into the circumstances of possession. If the judge finds that the person has been guilty of a violation of Sections 1 through 7 of this act, he shall impose the punishment herein prescribed, and he shall also award the possession of property taken upon the search warrant to the owner thereof.
SECTION 6. Any person who fails to comply with any of the provisions of Sections 1 through 7 of this act is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Five Hundred Dollars ($500.00).
SECTION 7. In an emergency situation, nothing in Sections 1 through 7 of this act shall prevent a person other than the owner from filling a liquefied petroleum gas container.
SECTION 8. Section 75-21-3, Mississippi Code of 1972, is amended as follows:
75-21-3. (1) Any corporation, domestic or foreign, or individual, partnership, or association of persons whatsoever, who, with intent to accomplish the results herein prohibited or without such intent, shall accomplish such results to a degree inimical to public welfare, and shall thus:
(a) Restrain or attempt to restrain the freedom of trade or production;
(b) Or shall monopolize or attempt to monopolize the production, control or sale of any commodity, or the prosecution, management or control of any kind, class or description of business;
(c) Or shall engross, forestall or attempt to engross or forestall any commodity;
(d) Or shall destroy or attempt to destroy competition in the manufacture or sale of a commodity, by selling or offering the same for sale at a lower price at one (1) place in the state than another or buying or offering to buy a commodity at a higher price at one (1) place in the state than another, differences of freight and other necessary expenses of sale and delivery considered;
(e) Or shall destroy or attempt to destroy competition by rendering any service or manipulating, handling or storing any commodity for a less price in one (1) locality than in another, the differences in the necessary expenses of carrying on the business considered, shall be deemed and held a trust and combine within the meaning and purpose of this section, and shall be liable to the pains, penalties, fines, forfeitures, judgments, and recoveries denounced against trusts and combines and shall be proceeded against in manner and form herein provided, as in case of other trusts and combines.
It shall be sufficient to make out a prima facie case of a violation of paragraph (e) of this section to show lower charge for the service therein mentioned in one (1) locality than another, or to show a higher price paid for a commodity in one (1) locality than another, differences of freight and other necessary expenses of operating business considered.
(2) Subsection (1) of this section shall not be construed to prohibit the application or enforcement of Sections 1 through 7 of this act.
SECTION 9. Section 75-57-63, Mississippi Code of 1972, is amended as follows:
75-57-63. (1) Any corporation, domestic or foreign, or any individual, partnership or association of persons whatsoever who with intent to engross or forestall or impede the competitive sale of or monopolize the sale of liquefied petroleum gases or liquefied petroleum gas consumer appliances in the State of Mississippi or in any community in the State of Mississippi, or, without such intent, either directly or indirectly accomplishes such result to a degree inimical to public welfare by purchasing or offering to purchase the equipment or installation of any consumer and obtaining the exclusive right to serve or make sales to said consumer, shall be deemed and held a trust and combine within the meaning and purpose of Section 75-21-3 and shall be liable to the pains, penalties, fines, forfeitures, judgments and recoveries denounced against trusts and combines and shall be proceeded against in the manner and form provided as in the case of other trusts and combines under the terms of Chapter 21 of Title 75.
(2) Subsection (1) of this section shall not be construed to prohibit the application or enforcement of Sections 1 through 7 of this act.
SECTION 10. Sections 1 through 7 of this act shall be codified as new sections in Chapter 57, Title 75, Mississippi Code of 1972.
SECTION 11 This act shall take effect and be in force from and after July 1, 2011.
