Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 126 of chapter 164 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by adding the following paragraph:-

The existence of any of the conditions with reference to meters or attachments described in this section shall be prima facie evidence that a firm, corporation or other business entity, commercial or industrial, to whom such gas is, at the time, being furnished by or through such meters or attachments has, with intent to defraud, created or caused to be created with reference to such meters or attachments, the condition so existing; provided, however, that nothing in this paragraph shall be construed to limit the introduction of any other competent evidence bearing upon the question of whether or not the defendant was responsible for the acts alleged to have been committed; provided, further, that the prima facie evidence referred to in this paragraph shall not apply to a residential customer; provided, further, that the prima facie evidence referred to in this paragraph shall not apply to any firm, corporation or other business entity, commercial or industrial, so furnished with gas for less than thirty-one days or until there has been at least one meter reading, whichever first occurs.

SECTION 2. Section 127 of said chapter 164, as so appearing, is hereby amended by adding the following paragraph:-

The existence of any of the conditions with reference to meters or attachments described in this section shall be prima facie evidence that a firm, corporation or other business entity, commercial or industrial, to whom such electricity is, at the time, being furnished by or through such meters or attachments has, with intent to defraud, created or caused to be created with reference to such meters or attachments, the condition so existing; provided, however, that nothing in this paragraph shall be construed to limit the introduction of any other competent evidence bearing upon the question of whether or not the defendant was responsible for the acts alleged to have been committed; provided, further, that the prima facie evidence referred to in this paragraph shall not apply to a residential customer; provided, further, that the prima facie evidence referred to in this paragraph shall not apply to any firm, corporation or other business entity, commercial or industrial, so furnished with electricity for less than thirty-one days or until there has been at least one meter reading, whichever first occurs.