An Act To Protect Consumers by Strengthening the Laws Governing Prepaid Home Heating Oil Contracts
Maine Legislature, Session 125, LD 1895
Amends: 10 MRSA §1110

Legislative Document 
No. 1895 
H.P. 1399 
House of Representatives, March 21, 2012 
An Act To Protect Consumers by Strengthening the Laws 
Governing Prepaid Home Heating Oil Contracts 
(EMERGENCY) 
Reported by Representative PRESCOTT of Topsham for the Joint Standing Committee on 
Labor, Commerce, Research and Economic Development pursuant to Resolve 2011, chapter 
79. 
HEATHER J.R. PRIEST 
Clerk 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, several home heating oil retailers have abruptly closed their businesses; 
and 
Whereas, many customers of these retailers were owed heating oil and were left 
without a refund or the oil, and the current laws have been unable to sufficiently protect 
these customers; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  10 MRSA §1110, sub-§§1-A and 1-B are enacted to read: 
1-A.  Registration.  A home heating oil, kerosene or liquefied petroleum gas dealer 
who offers prepaid contracts under this section shall register the dealer’s intent to offer 
such contracts with the Commissioner of Professional and Financial Regulation by June 
30th of each year.  Registration must be on a form provided by the commissioner, 
accompanied by a fee of $100.  Fees received under this subsection must be used by the 
commissioner to administer this section.  Any balance of these funds does not lapse but 
must be carried forward to be expended for the same purpose in the following fiscal year. 
1-B.  Report.  A home heating oil, kerosene or liquefied petroleum gas dealer who 
offers prepaid contracts under this section shall file an annual report with the 
Commissioner of Professional and Financial Regulation by October 31st of each year 
demonstrating how the dealer has satisfied the requirements of this section, including 
how the prepaid contracts are secured.  The report must be made on a form provided by 
the commissioner.  The form must conspicuously bear the warning that making a false 
statement on the form is a Class D crime under Title 17-A, section 453.  The report must 
be signed by the dealer.  If the dealer is a corporation, the report must be signed by either 
the president or an officer of the corporation and must include a list of all of the members 
of the board of directors of the corporation.  The commissioner may not charge a fee for 
the form or for filing the report. 
Sec. 2.  10 MRSA §1110, sub-§§6 to 9 are enacted to read: 
6.  Enforcement.  The Commissioner of Professional and Financial Regulation shall 
refer to the Attorney General for investigation any dealer that has filed a registration form 
under subsection 1-A and has failed to file a report demonstrating how the contracts are 
secured pursuant to subsection 1-B. 
7.  Prosecution.  The Attorney General may prosecute a person making a false 
statement on the report required by subsection 1-B for unsworn falsification under Title 
17-A, section 453 and may prosecute failure to file the report required by subsection 1-B 
as an unfair trade practice. 
8.  Unfair trade practice.  A violation of any of the requirements of this section is a 
violation of the Maine Unfair Trade Practices Act. 
9.  Rules.  The Commissioner of Professional and Financial Regulation may adopt 
rules to carry out the purposes of this section.  Rules adopted pursuant to this subsection 
are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A. 
Sec. 3.  Appropriations and allocations.  The following appropriations and 
allocations are made. 
PROFESSIONAL AND FINANCIAL REGULATION, DEPARTMENT OF  
Administrative Services - Professional and Financial Regulation 0094 
Initiative: Allocates one-time funds to reconfigure the licensing system to accommodate 
the registration of fuel dealers who offer prepaid contracts to residents of the State. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill is reported out by the Joint Standing Committee on Labor, Commerce, 
Research and Economic Development pursuant to Resolve 2011, chapter 79.  It requires a 
dealer who offers prepaid contracts for home heating oil, kerosene or liquefied petroleum 
gas to residents of this State to register the dealer’s intent to offer such contracts with the 
Commissioner of Professional and Financial Regulation by June 30th of each year and 
pay a fee of $100 to be used by the commissioner in administering the laws regarding 
such contracts.  It requires such a dealer to file a report with the commissioner by October 
31st of each year demonstrating compliance. 
The bill requires that the annual report be made on a form provided by the 
commissioner and that the form conspicuously bear notice that a false statement made on 
the form is punishable as a Class D crime.  The report must be signed by the dealer, or, if 
the dealer is a corporation, the report must be signed by either the president or an officer 
of the corporation and include a list of all of the members of the board of directors of the 
corporation.  There is no fee for the annual report.  The bill also requires the 
commissioner to refer to the Attorney General for prosecution any registered dealer who 
fails to provide the required report or who makes a false statement on the required report.  
The bill provides that a violation of any of the requirements of the Maine Revised 
OTHER SPECIAL REVENUE FUNDS 
2011-12
2012-13
All Other 
$12,000
$0
OTHER SPECIAL REVENUE FUNDS TOTAL 
$12,000
$0
Statutes, Title 10, section 1110 is a violation of the Maine Unfair Trade Practices Act.  
The bill includes an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
Approved: 03/16/12
LD 1895
LR 2786(01)
FY 2011-12
FY 2012-13
Projections 
FY 2013-14
Projections 
FY 2014-15
Appropriations/Allocations
Other Special Revenue Funds
$12,000
$0
$0
$0
Revenue
Other Special Revenue Funds
$15,000
$15,000
$15,000
$15,000
Fiscal Detail and Notes
It is estimated that approximately 150 fuel dealers will register and pay the required $100 application fee, generating 
$15,000 per year in dedicated revenue to the Department of Professional and Financial Regulation.
This bill includes a one-time Other Special Revenue Funds allocation of $12,000 in fiscal year 2011-12 to the 
Administrative Services Division within the Department of Professional and Financial Regulation for the cost 
associated with updating its licensing system to accommodate the registration of fuel dealers who offer prepaid 
contracts to Maine residents.
Preliminary Fiscal Impact Statement
An Act To Protect Consumers by Strengthening the Laws Governing Prepaid Home Heating Oil 
Contracts
Preliminary Fiscal Impact Statement for Original Bill
Committee: Labor, Commerce, Research and Economic Development
Fiscal Note Required: Yes
LR2786(01) - Fiscal Note - Page 1 of 1