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H. B. No. 1078 *HR31/R324* ~ OFFICIAL ~ G1/2
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To: Public Utilities;
Accountability, Efficiency,
Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Lamar
HOUSE BILL NO. 1078
AN ACT TO CREATE THE CRIME OF MISAPPROPRIATION OF FUNDS IN 1
CONNECTION WITH THE PAYMENT OF UTILITY SERVICES; TO PROVIDE 2
DEFINITIONS RELATING TO THE MISAPPROPRIATION OF FUNDS IN 3
CONNECTION WITH THE PAYMENT OF UTILITY SERVICES; AND FOR RELATED 4
PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. As used in this act, the following words and 7
phrases shall have the meanings as defined in this section unless 8
the context clearly indicates otherwise: 9
(a) "Person" means a natural or juridical person, 10
including, but not limited to, a sole proprietorship, corporation, 11
company, limited liability company, partnership, limited liability 12
partnership, trust, incorporated or unincorporated association, or 13
any other individual or entity. "Person" also includes any 14
representative, director, trustee, agent, or officer of a 15
juridical person who is authorized and responsible for making 16
payments for utility services. 17
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(b) "Utility services" has the same meaning as the term 18
"public utility" as provided in Section 77-3-3, Mississippi Code 19
of 1972. 20
SECTION 2. (1) A person who has received money or payment 21
in accordance with a lease contract or rental agreement to pay 22
utility services shall not knowingly: 23
(a) Fail to apply the money or payment as necessary to 24
satisfy the amount owed for the utility services within sixty (60) 25
days of the person's receipt of the bill for utility services; or 26
(b) Use or cause an agent or employee to use any 27
deception, false pretense, or false promise in the failure to 28
apply the money or payment as necessary to satisfy 29
the amount owed for the utility services. 30
(2) A person who violates the provisions of this section 31
when the misappropriation or taking amounts to Twenty-five 32
Thousand Dollars ($25,000.00) or more shall be committed to the 33
Department of Corrections for not more than twenty (20) years, 34
fined not more than Fifty Thousand Dollars ($50,000.00), or both. 35
(3) When the misappropriation or taking amounts to Five 36
Thousand Dollars ($5,000.00) or more, but less than Twenty-five 37
Thousand Dollars ($25,000.00), the offender shall be committed to 38
the Department of Corrections for not more than ten (10) years, 39
fined not more than Ten Thousand Dollars ($10,000.00), or both. 40
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(4) When the misappropriation or taking amounts to One 41
Thousand Dollars ($1,000.00) or more, but less than Five Thousand 42
Dollars ($5,000.00), the offender shall be 43
committed to the Department of Corrections for not more than five 44
(5) years, fined not more than Three Thousand Dollars ($3,000.00), 45
or both. 46
(5) (a) When the misappropriation or taking amounts to less 47
than One Thousand Dollars ($1,000.00), the offender shall be 48
committed to the Department of Corrections for not more than six 49
(6) months, fined not more than One Thousand Dollars ($1,0000.00), 50
or both. 51
(b) If the offender in such cases has been convicted 52
two (2) or more times previously, upon any subsequent conviction, 53
the offender shall be committed to the Department of Corrections 54
for not more than two (2) years, fined not more than Two Thousand 55
Dollars ($2,000.00), or both. 56
(6) In addition to the penalties provided in paragraphs (2) 57
through (5) of this subsection, a person convicted under the 58
provisions of this section shall make full restitution to the 59
victim and any other person who has suffered a financial loss as a 60
result of the offense in accordance with Section 99-37-3, 61
Mississippi Code of 1972. 62
(7) The provisions of this section shall not apply if the 63
person who has received money or payment for utility services is 64
unable to pay the bill for utility services because either: 65
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ST: Misappropriation of funds in connection
with the payment of utility services; create
crime of.
(a) The tenant or lessee has failed to timely pay 66
sufficient funds to satisfy the specific amount owed in the bill 67
for utility services; or 68
(b) The reason for the delay in receipt of either the 69
bill or payment for utility services is due to an administrative, 70
clerical, or technical error or omission on behalf of the company 71
providing utility services. 72
SECTION 3. This act shall take effect and be in force from 73
and after July 1, 2026. 74