An Act To Protect Heating Oil Consumers
Maine Legislature, Session 125, LD 1536
Committee: Labor, Commerce, Research and Economic Development
Sponsors: GERZOFSKY, CLARKE, KENT, OLSEN, PILON, PRESCOTT, PRIEST, WEBSTER, GOODALL
Amends: 10 MRSA §1110

Legislative Document 
No. 1536 
H.P. 1128 
House of Representatives, May 3, 2011 
An Act To Protect Heating Oil Consumers 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CORNELL du HOUX of Brunswick. 
Cosponsored by Senator GERZOFSKY of Cumberland and 
Representatives: CLARKE of Bath, KENT of Woolwich, OLSEN of Phippsburg, PILON of 
Saco, PRESCOTT of Topsham, PRIEST of Brunswick, WEBSTER of Freeport, Senator: 
GOODALL of Sagadahoc. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  10 MRSA §1110, sub-§§6 to 8 are enacted to read: 
6.  Report.  A dealer shall file a quarterly report with the Attorney General listing all 
current guaranteed price home heating oil, kerosene or liquefied petroleum gas contracts 
under subsection 1 held by the dealer and providing evidence of compliance with 
subsection 2.  A dealer shall pay a filing fee of $5 to the Attorney General when filing a 
report under this subsection. 
7.  Fine.  A dealer who violates a guaranteed price home heating oil, kerosene or 
liquefied petroleum gas contract for any reason, including failing to provide the home 
heating oil, kerosene or liquefied petroleum gas when due or failing to reimburse in a 
timely manner the contracting consumer the full amount of the contract in accordance 
with subsection 5, commits a civil violation for which a fine equal to the full amount of 
the contract plus an additional amount equal to 5% of the full amount of the contract must 
be adjudged.  The Attorney General shall collect the fine and disburse an amount equal to 
the full amount of the violated contract to a consumer whose contract was violated.  The 
Attorney General may retain the additional 5% for costs incurred in collecting the fine. 
8.  Rules.  The Attorney General 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. 
SUMMARY 
This bill requires a dealer of home heating oil, kerosene or liquefied petroleum gas to 
file a quarterly report with the Attorney General concerning all prepaid guaranteed price 
home heating oil, kerosene or liquefied petroleum gas contracts that the dealer holds and 
evidence that the dealer is in compliance with the security provisions under state law 
relating to those contracts.  The bill also stipulates that a violation of a prepaid guaranteed 
price home heating oil, kerosene or liquefied petroleum gas contract is a civil violation 
with a fine to equal the amount of the contract plus an additional 5% to be collected by 
the Attorney General.  The Attorney General shall disburse a portion of the fine to the 
consumers whose contracts were not honored.