Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 135-H.F.No. 143 
           An act relating to utilities; providing that gas and 
          electric utilities may not seek compensation from 
          landlords for delinquent bills incurred through a 
          service agreement solely with the tenant; proposing 
          coding for new law in Minnesota Statutes, chapter 325E.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [325E.025] [DELINQUENT BILLINGS.] 
    Subdivision 1.  [DEFINITIONS.] For purposes of this 
section, "utility" means persons, corporations, or other legal 
entities, their lessees, trustees, and receivers, now or 
hereafter operating, maintaining, or controlling in this state 
equipment or facilities for furnishing at retail natural, 
manufactured, or mixed gas or electric service to or for the 
public or engaged in its production and retail sale.  The term 
"utility" includes municipalities and cooperative electric 
associations, organized under the provisions of chapter 308, 
producing or furnishing natural, manufactured, or mixed gas or 
electric service.  This section is not applicable to the sale of 
natural, manufactured, or mixed gas or electricity by a public 
utility to another public utility for resale.  
    "Customer" means any person, firm, association, or 
corporation, or any agency of the federal, state, or local 
government being supplied with service by a utility. 
    Subd. 2.  [PAYMENT RESPONSIBILITY FOR UTILITY SERVICE.] A 
utility shall not:  (1) recover or attempt to recover payment 
from a landlord, property owner or manager, or manufactured home 
park owner, as defined in section 327C.01, or manufactured home 
dealer, as defined in section 327B.01, who has not contracted 
for the service; (2) condition service on payment of an 
outstanding bill or other charge for utility service due upon 
the outstanding account of a previous customer or customers when 
all of the previous customers have vacated the property; or (3) 
place a lien on the landlord's or owner's property for a 
tenant's outstanding bill or charge whether created by local 
ordinance or otherwise.  A utility may recover or attempt to 
recover payment from a property owner where the manager, acting 
as the owner's agent, contracted for the utility service. 
    Approved May 17, 1985