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Substitute Senate Bill No. 289

Public Act No. 04-194

AN ACT CONCERNING HOME HEATING OIL DEALERS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 16a-23m of the general statutes, as amended by section 146 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) On or after October 1, 2001, no person, firm or corporation shall engage in the retail sale of home heating oil without a certificate of registration as a home heating oil dealer issued pursuant to this section.

(b) Each person, firm or corporation seeking registration as a home heating oil dealer shall apply annually for a certificate of registration with the Department of Agriculture and Consumer Protection on forms prescribed by the Commissioner of Agriculture and Consumer Protection. Each applicant shall pay a registration fee of one hundred dollars. The commissioner shall require all applicants for registration as a home heating oil dealer to provide evidence of general liability insurance coverage and insurance to cover any potential environmental damage due to fuel oil spills caused by such applicant as a registered dealer which coverage shall be not less than one million dollars. Each registered dealer shall provide the department with evidence of each renewal of or change to such insurance coverage not later than five days after such renewal or change during the period of registration, which renewal or change shall meet the requirements of this subsection.

(c) Each registered dealer shall display its registration number in all advertisements and other materials prepared or issued by the dealer, which contain information on such dealer.

(d) The insurance company of a home heating oil dealer shall notify the Commissioner of Agriculture and Consumer Protection, in writing, upon cancellation of insurance required by subsection (b) of this section by any home heating oil dealer. The Commissioner of Agriculture and Consumer Protection shall revoke the registration of any such dealer without the insurance coverage required by subsection (b) of this section.

Sec. 2. Section 16a-23n of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) A contract for the retail sale of home heating oil that offers a guaranteed price plan, including fixed price contracts and any other similar terms, shall be in writing and the terms and conditions of such price plans shall be disclosed. Such disclosure shall be in plain language and shall immediately follow the language concerning the price or service that could be affected and shall be printed in no less than twelve-point boldface type of uniform font.

(b) A home heating oil dealer that advertises a price shall offer said price for a period of no less than twenty-four hours or until the next advertised price is publicized, whichever occurs first.

Sec. 3. (NEW) (Effective October 1, 2004) The Department of Agriculture and Consumer Protection shall establish a list of all registered home heating oil dealers. The department shall make the list available to all wholesalers of home heating oil doing business in the state and such wholesalers shall only sell to the registered home heating oil dealers on said list.

Approved June 3, 2004