§ 17-161.1. Restrictions on charges for reselling electric current or natural gas.

A.  Except for any person, public utility, or public service corporation subject to the jurisdiction of the Corporation Commission, or a municipal utility, or a public trust which has as its beneficiary the municipality, no owner of any interest in real property in this state who purchases electric current or natural gas from a municipality and who resells such electric current or natural gas to any residential lessee of any interest in such real property for the purpose of heat, light or power shall charge such lessee any amount in excess of ten percent (10%) of the cost to such reseller for each billing cycle of the electricity or natural gas purchased by the reseller from the supplier.  Provided the provisions of this section shall not apply to the resell of electric current or natural gas pursuant to a commercial lease.

B.  The reseller shall separately disclose in its electric or gas bills to the lessee the per unit cost of its purchased power and the actual amount of each fee or charge in dollars and cents to be paid by the lessee to the reseller.

C.  Any person who willfully violates the provisions of this act, upon conviction by a district court, shall be guilty of a misdemeanor.  In addition to the punishment prescribed by this subsection, said reseller is liable in treble damages to the lessee injured, said damages to be recovered in a civil action by the consumer so injured.  Treble damages shall be based on the total amount to be paid to the reseller by the lessee for each bill which exceeds the authorized percentage pursuant to this section.

D.  The Office of the Attorney General of this state shall have the power and duty to investigate and prosecute any violations of the provisions of this section.

Added by Laws 1987, c. 163, § 1, eff. Nov. 1, 1987.