Bill Text: MS HB633 | 2020 | Regular Session | Introduced
Bill Title: Gas prices on signs and gas pumps; regulate when a difference exists.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2020-03-03 - Died In Committee [HB633 Detail]
Download: Mississippi-2020-HB633-Introduced.html
MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Transportation
By: Representative Summers
House Bill 633
AN ACT TO AMEND SECTION 75-55-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHEN THE TOTAL PRICE PER GALLON OF GASOLINE LISTED ON ANY PUMP OR DISPENSING EQUIPMENT IS DIFFERENT FROM THE TOTAL PRICE PER GALLON OF GASOLINE LISTED ON SIGNS PLACED ON THE PREMISES OF ANY SERVICE STATION AND ON SIGNS PLACED ON ANY HIGHWAY, ROAD, STREET OR ALLEY LEADING TO THE STATION, THE SELLER OF SUCH GASOLINE SHALL CHARGE THE CUSTOMER THE LOWEST OF THE LISTED PRICES; TO AMEND SECTION 75-27-51, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 75-55-9, Mississippi Code of 1972, is amended as follows:
75-55-9. Any person selling at retail gasoline, alcohol blended fuel, diesel fuel or kerosene, as defined in this chapter, shall at all times display signs as herein defined:
(a) All pumps and dispensing equipment for gasoline, alcohol blended fuel, diesel fuel or kerosene shall be marked conspicuously to show the total price per gallon of gasoline, alcohol blended fuel, diesel fuel or kerosene offered for sale, in figures of equal size and where fractional cents or figures are used therein, the combined height and width of the numerator and denominator shall be equal to the height and width of the other figures used. Provided, however, that any sign provided by the manufacturer of the retail pump or dispensing equipment which shows the total price per gallon and is part of the computing mechanism of such pumps and dispensing equipment shall be considered as being in compliance with this subsection.
(b) All signs placed on the premises of any service station and any highway, road, street or alley leading thereto advertising the price per gallon of gasoline, alcohol blended fuel, diesel fuel or kerosene offered for sale, shall show the registered brand name and total price in figures of equal size, and where fractional figures are used therein, the width of the numerator and denominator of the fraction shall be equal to one-third (⅓) of the width of the other figures, but the combined height of the numerator and denominator shall be the same as that of the other figures. Where a decimal is used, then the fraction shall be at least one-half (½) the height of the other figures used in the sign, and the fraction shall be at least one-third (⅓) of the width of the other figures used in the sign. All figures and fractional figures shall be painted the same color as the other figures used in the sign. The total price per gallon on signs located on all premises of any service station and on highways, roads, streets or alleys leading to the service station shall be in agreement as to the total price per gallon shown on the retail pump dispensing the same brand of gasoline, alcohol blended fuel, diesel fuel or kerosene as that being so advertised. All signs advertising the price per gallon of gasoline, alcohol blended fuel, diesel fuel or kerosene offered for sale through self-service operated pumps at retail service stations shall clearly indicate that the posted price per gallon and brand is offered for sale through self-service pumps.
(c) When the total price per gallon of gasoline listed on any pump or dispensing equipment is different from the total price per gallon of gasoline listed on signs placed on the premises of any service station and on signs placed on any highway, road, street or alley leading thereto, the seller of such gasoline shall charge the customer the lowest of the listed prices.
( * * *d) Containers of gasoline below
fifty (50) gallons capacity, or any product flashing below one hundred (100)
degrees Fahrenheit, shall be painted red; provided that containers, not of
metal and of a capacity of one (1) gallon or less, may carry a red label designating
the product.
( * * *e) All filler pipes for petroleum
bulk storage tanks and retail station storage tanks shall be identified by
painting a sign on the intake pipe cap or within six (6) inches thereof in
lettering not less than two (2) inches in height and not less than one-fourth
(¼) inch in width the following: for premium gasoline or alcohol blended fuel,
the letter "P"; for regular leaded grade gasoline or alcohol blended
fuel, the letter "R"; for third grade gasoline, the letters
"3G"; for unleaded gasoline or alcohol blended fuel, the letters
"UG"; for diesel fuel, the letter "D"; for kerosene, the
letter "K"; for lubricating oil, the letters "LO"; for
tractor fuel, the letters "TF"; the letter "S" for solvent;
the letter "N" for naphtha; and for any other petroleum product
classified as an oil not specifically specified in this subsection, the word
"oil." In addition to existing requirements, all filler pipes for
bulk and retail station tanks used for the storage of nonleaded gasoline shall
be further identified as follows: for nonleaded premium gasoline, the letters
"NLP"; and for nonleaded regular grade gasoline, the letters
"NLR." Such lettering shall be painted on the intake pipe cap or
within six (6) inches thereof, and shall be not less than two (2) inches in
height and not less than one-fourth (¼) inch in width. Nothing in this
subsection shall apply to bulk storage tanks located at marine or pipeline
terminals, nor bulk storage tanks used for the storage of liquefied compressed
gas, nor prohibit "color coding" in addition to the lettering, where
desired.
SECTION 2. Section 75-27-51, Mississippi Code of 1972, is amended as follows:
75-27-51. Whenever any commodity or service is
sold, or is offered, exposed, or advertised for sale, by weight, measure, or
count, the price shall not be misrepresented, nor shall the price be
represented in any manner calculated or tending to mislead or deceive an actual
or prospective purchaser. Whenever an advertised, posted, or labeled price per
unit of weight, measure, or count includes a fraction of a cent, all elements
of the fraction shall be prominently displayed and the numeral or numerals
expressing the fraction shall be immediately adjacent to, of the same general
design and style as, and at least one-half (½) the height and width of the
numerals representing the whole cent * * *. A person who is found guilty of the
misrepresentation of the price of a commodity or the representation of a price
in any manner calculated or tending to mislead or deceive an actual or
prospective purchaser shall be assessed a civil penalty by the director or his or
her designee in the amount of not less than One Hundred Dollars ($100.00)
for the first offense and not less than One Hundred Dollars ($100.00) nor more
than Five Hundred Dollars ($500.00) for each subsequent offense. Each
violation shall constitute a separate offense. The commissioner or his or
her designee shall afford the person an opportunity for a hearing to show
cause why the penalty should not be assessed.
SECTION 3. This act shall take effect and be in force from and after July 1, 2020.
