HB2002 HFA Linville 2-15 #2

Casto 3264

Delegate Linville moved to amend the bill on page 40, section 2, line 44, immediately following the word “section” by inserting a new subsection (h) to read as follows:

“(h) In the event a pole owner requires and accepts payment for make-ready work, and fails to perform that work within 45 days, the pole owner, or any other entity, which has been paid and which has failed to perform the work, shall immediately return and refund the moneys paid for that work which was not completed. Failure to return those funds within 14 calendar days shall be cause for a fine, payable to the Public Service Commission, equal to the amount of the payment and a cause of action in circuit court for return of the payment and is subject to treble damages, reasonable attorney’s fees, and any applicable court costs. Good-cause and good-faith efforts to have performed the work shall be a defense against the imposition of any fine: Provided, that the provisions of this subsection shall not apply to any make-ready work where a pole replacement is necessary.”

Adopted

Rejected