It is enacted by the General Assembly as follows:

SECTION 1. Sections 28-26-5, 28-26-7, 28-26-8, 28-26-11 and 28-26-14 of the General Laws in Chapter 28-26 entitled "Hoisting Engineers" are hereby amended to read as follows:

28-26-5. License required for operation of hoisting machinery -- (a) (1) No person shall operate or be in direct charge of hoisting or excavation equipment which uses gasoline, steam, diesel internal combustion engines, electric, or compressed air of five (5) horsepower or more without obtaining a license to do so as provided in this chapter.

(2) No user or agent of a user of any machinery described in subdivision (a)(1) shall permit the machinery to be operated unless it is operated by a duly licensed person as hereinafter provided in this chapter.

(b) Every contract in the construction of public works by the state or by any city or town, or by persons contracting therewith for the construction, shall contain a clause embodying the provision of this section.

(c) In the event of any inconsistencies and/or contradiction between the requirements of this section and those of section 23-33-30, and/or in any respective rules and or regulations promulgated pursuant to said section, then the provision of this section and any rules and or regulations promulgated pursuant thereto shall be deemed to be controlling.

28-26-7. Application for license -- Examination -- (a) Each person who desires to act as a steam, gasoline, diesel internal combustion engines, electric, or compressed air hoisting engineer shall make application to the division for a license upon a form furnished him or her, submit notarized list of work experience, and shall pass an examination on the construction and operation of steam, gasoline, electric, diesel internal combustion engines, and compressed air engines and machinery. Applications for examinations must be received fifteen (15) working days prior to the examination date.

(b) Any person applying for a license and who knowingly makes any misstatement as to his or her work experience or other qualifications shall be subject to the penalties provided for in section 28-26-11.

28-26-8. Conduct of examinations -- Revocation of license -- The examinations shall be conducted in the manner and under rules and regulations issued by the division. Initial licenses may be subject to a field examination, if deemed necessary by the division of professional regulation, which examination shall be conducted by the chief hoisting engineer investigator, before renewal. Under written charges after notice and hearing, the division may revoke the license of a person guilty of fraud in obtaining his or her license, or who for any reason has become unfit to discharge the duties of a steam, gasoline, diesel, internal combustion engines, electric, or compressed air engineer.

28-26-11. Penalty for violations -- Whoever, being an engineer or user or agent of steam, diesel, gasoline, internal combustion engines, electric, or compressed air hoisting machinery described in this chapter, violates any provision of this chapter shall be fined not less than two hundred and fifty dollars ($250) nor more than nine hundred fifty dollars ($950) per offense, and each day in which a violation occurs shall be deemed a separate offense.

28-26-14. Persons and machinery exempt from chapter -- The provisions of this chapter shall not apply to engineers under the jurisdiction of the United States, or engineers or operators employed by public utilities, and further shall not apply to agriculturists, fishers, and horticulturists, or to any engine except one which operates a hoist, shovel, crane, or excavator.

The provisions of this chapter shall not apply to powered industrial forklift trucks - - commonly referenced as forklifts, pallet trucks, rider trucks, fork trucks, or lift trucks. Operators of powered industrial forklift trucks (forklifts, pallet trucks, rider trucks, fork trucks, lift trucks) shall be required to possess employer certification or third party certification in general industry only. This does not apply to the construction field. Operators of powered industrial forklift trucks, in the construction field, shall be required to possess a Rhode Island State Hoisting Engineer's License along with an operator's certification.

SECTION 2. This act shall take effect upon passage.