Mississippi SB 2396: Motor fuel sales; provide immunity for damages caused by the use of incompatible fuel upon certain conditions.

Bill Text

SB2396 (As Introduced) - 2020 Regular Session 

MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Energy; Judiciary, Division A

By: Senator(s) Branning

Senate Bill 2396

AN ACT TO PROVIDE LIABILITY PROTECTIONS FOR REFINERS, 
SUPPLIERS, WHOLESALERS AND RETAILERS FROM DAMAGES CAUSED BY THE USE OF 
INCOMPATIBLE MOTOR FUEL DISPENSED AT A RETAIL SITE UPON CERTAIN CONDITIONS; AND 
FOR RELATED PURPOSES.

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

���� SECTION 1.� 
(1)� A refiner, supplier, wholesaler or retailer is not liable for damages 
caused by the use of incompatible motor fuel dispensed at a retail site if all 
of the following applies:

��������� (a)� The incompatible 
fuel meets the standards promulgated by the Commissioner of Agriculture and 
Commerce;

��������� (b)� The incompatible 
fuel is selected by a person other than the retailer, including an employee or 
agent of the retailer; and

��������� (c)� The incompatible 
fuel is dispensed from a motor fuel dispenser that correctly labels the type of 
fuel dispensed.

���� For the purposes of this 
section, a motor fuel is incompatible with a motor according to the 
manufacturer of the motor.

���� (2)� For purposes of this 
section, the following terms shall have the meanings ascribed in this 
subsection, unless the context clearly indicates otherwise:

��������� (a)� "Motor 
fuel" means gasoline, diesel fuel, substitute fuel, renewable fuel and 
blended fuel.

��������� (b)� 
"Refiner" means a person who owns, operates or otherwise controls a 
refinery within the United States.

��������� (c)� 
"Refinery" means a facility used to produce motor fuel from crude 
oil, unfinished oils, natural gas liquids, or other hydrocarbons and from which 
motor fuel may be removed by pipeline, by vessel, or at a rack.

��������� (d)� 
"Retailer" means a person who engages in the business of selling or 
distributing to the end user within this state.

��������� (e)� 
"Supplier" means a person who meets all the following conditions:

������������� (i)� Is subject to 
the general taxing jurisdiction of this state;

������������� (ii)� Is registered 
under Section 4101 of the Internal Revenue Code for transactions in taxable 
motor fuels in the bulk transfer/terminal distribution system; and

������������� (iii)� Is one (1) 
of the following:

������������������ 1.� Is the 
"position holder" in a terminal or refinery in this state;

������������������ 2.� Imports 
motor fuel into this state from a foreign country;

������������������ 3.� Acquires 
motor fuel from a terminal or refinery in this state from a position holder 
pursuant to a "two-party exchange";

������������������ 4.� Is the position 
holder in a terminal or refinery outside this state with respect to motor fuel 
which that person imports into this state on his account.

���� A terminal operator is not 
considered a supplier merely because the terminal operator handles motor fuel 
consigned to it within a terminal.

����������������������� (f)� 
"Terminal operator" is a person who owns, operates or otherwise 
controls a terminal and does not use a substantial portion of the motor fuel 
that is transferred through or stored in the terminal for its own use.� 
"For its own use" means for its own consumption or in the manufacture 
of products other than motor fuel.

��������� (g)� 
"Wholesaler" means a person who acquires motor fuel from a supplier 
or from another wholesaler for subsequent sale and distribution at wholesale by 
tank cars, motor vehicles or both.

���� SECTION 2.� This act 
shall take effect and be in force from and after July 1, 2020.