Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 272-H.F.No. 841 
           An act relating to utilities; providing for prevention 
          of unlawful meter bypass, tampering, and use; 
          providing remedies; proposing coding for new law in 
          Minnesota Statutes, chapter 325E. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [325E.026] [UNAUTHORIZED USE OF UTILITY 
METERS.] 
    Subdivision 1.  [DEFINITIONS.] When used in this section, 
the terms defined in section 216B.02 have the same meanings.  
Other terms used in this section have the following meanings: 
    (a) "Bypassing" means the act of attaching, connecting, or 
otherwise affixing a wire, cord, socket, pipe, hose, motor, or 
other instrument or device to utility or customer-owned 
facilities or equipment so that service provided by the utility 
is transmitted, supplied, or used without passing through a 
meter authorized by the utility for measuring or registering the 
amount of service provided. 
    (b) "Tampering" means damaging, altering, adjusting, or 
obstructing the operation of a meter or submeter provided by a 
utility for measuring or registering the amount of electricity, 
natural gas, or other utility service passing through the meter. 
    (c) "Unauthorized connection" means the physical connection 
or physical reconnection of utility service by a person without 
the authorization or consent of the utility. 
    (d) "Unauthorized metering" means removing, installing, 
connecting, reconnecting, or disconnecting a meter, submeter, or 
metering device for service by a utility, by a person other than 
an authorized employee or agent of the utility. 
    (e) "Utility" means a public utility defined in section 
216B.02, subdivision 4; a municipal utility; or a cooperative 
electric association organized under chapter 308. 
    Subd. 2.  [CIVIL ACTIONS; REMEDIES.] A utility may bring a 
civil action for damages against a person who:  (1) deliberately 
commits, authorizes, attempts, solicits, aids, or abets 
bypassing, tampering, unauthorized connection, or unauthorized 
metering that results in damages to the utility; or (2) 
knowingly receives service provided as a result of bypassing, 
tampering, unauthorized connection, or unauthorized metering.  
The utility may recover double the costs of the service 
provided; the costs and expenses for investigation, 
disconnection, reconnection, service calls, equipment, and 
employees; and the trial costs and witness fees. 
    Subd. 3.  [DAMAGES TO BENEFIT RATEPAYERS.] Damages 
recovered under this section in excess of the actual damages 
sustained by a public utility regulated by the commission must 
be taken into account by the commission and applied for the 
benefit of the public utility's ratepayers in establishing 
utility rates. 
    Subd. 4.  [ADDITIONAL REMEDIES.] The remedies provided in 
this section are supplemental and additional to other remedies 
or powers conferred by law and not in limitation of other civil 
or criminal statutory or common law remedies. 
    Approved May 28, 1987