HOUSE BILL NO. 603

INTRODUCED BY G. GOLIE

A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING LICENSURE FOR FORKLIFT OPERATORS IN INDUSTRIAL AREAS AND ON COMMERCIAL CONSTRUCTION SITES; PROVIDING FOR LICENSING PROCEDURES, LICENSE APPLICATION, RENEWAL FEES, PENALTIES, AND DISCIPLINARY ACTION; AND PROVIDING A DELAYED EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. License required to operate forklifts -- definitions. (1) It is unlawful for a person to operate a forklift, when used in the lifting of personnel or material in an industrial area or on a nonresidential construction site, without first obtaining a license from the department.

(2) As used in [sections 1 through 12], the following definitions apply:

(a) "Department" means the department of commerce provided for in 2-15-1801.

(b) "Forklift" means a mobile, self-propelled truck with a manufacturer's rating of 3 tons or more or with a boom length of 15 feet or more and that is used to carry, push, pull, lift, stack, or tier materials. Forklifts can be operated by a driver or by a person standing or walking near the forklift. A forklift is powered by means of an electric or internal combustion engine.

(c) "Industrial area" means the area within, surrounding, or inside a fence or other property line designation at a:

(i) factory or manufacturing facility that occupies a space greater than 1,000 square feet;

(ii) mine, refinery, or lumbermill; or

(iii) railroad freight or cargo loading and shipping facility.

(d) "Nonresidential construction site" means the location where a new or existing commercial building is under construction, repair, or renovation.

NEW SECTION. Section 2. Department regulatory obligations -- rulemaking authority. (1) The department has an obligation to protect and promote the health, safety, and welfare of Montana citizens by effectively administering and enforcing laws and rules governing the use of forklifts in industrial areas and on nonresidential construction sites.

(2) The department may adopt rules consistent with the purposes of [sections 1 through 12] and that the department determines to be necessary for the effective administration of [sections 1 through 12].

NEW SECTION. Section 3. Limited applicability. [Sections 1 through 12] do not apply to forklift operators on residential construction sites, in lumberyards, and on other properties or in situations that do not constitute an industrial area or nonresidential construction site.

NEW SECTION. Section 4. Requirements for licensure. To obtain a license to operate a forklift in Montana, a person shall:

(1) demonstrate adequate skill levels and general competency through an examination administered by the department;

(2) pass a biennial physical examination and submit the results of each examination to the department for verification and recordkeeping; and

(3) pay the license fee provided for in [section 5].

NEW SECTION. Section 5. Issuance of license -- fee. (1) Upon receipt of the fee established in subsection (2), the department shall issue a license to each person who meets the requirements as prescribed in [section 4]. The license must include the dates of issuance and expiration, a serial number, and the signature of the appropriate department official.

(2) The department shall charge a license fee of $60.

(3) The fee collected pursuant to subsection (2) must be:

(a) deposited in the state special revenue account provided for in [section 7]; and

(b) used by the department only to meet the administrative costs of [sections 1 through 12].

NEW SECTION. Section 6. Renewal of license -- notice -- fee. (1) A license issued by the department is valid for 24 months from the date of issue by the department and may be renewed by payment to the department in the amount established in subsection (3).

(2) The department shall issue a notice to each licensee 30 days or more prior to the expiration of the license, warning the licensee of the expiration date and that failure to renew the license renders the license void.

(3) The license renewal fee is $40 for each 24-month period subsequent to the first issuance of the license.

NEW SECTION. Section 7. Account for deposit of fees. (1) There is an account in the state special revenue fund that is designated for the department's use in administering [sections 1 through 12].

(2) The department shall deposit all license fees and renewal fees into the account established in subsection (1).

NEW SECTION. Section 8. Proof of license. An employee of a private or public employment agency or labor union, a building code compliance inspector, an employee of the department, or a person who is professionally responsible for a job site has the right to ask a person at a job site operating a forklift to provide proof of licensure. If the person operating the forklift is unable to provide proof of licensure, the requesting person may report that fact to the department.

NEW SECTION. Section 9. No penalty for hiring unlicensed forklift operator. [Sections 1 through 12] may not be construed as imposing a penalty on any unlicensed person for hiring or contracting with an unlicensed forklift operator. However, a person who operates a forklift or purports to be a licensed forklift operator but does not possess a valid license issued in accordance with [sections 1 and 6] is subject to the penalty provided for in [section 11].

NEW SECTION. Section 10. Injunctions authorized. (1) The unlicensed use of a forklift may be enjoined by a judge of the district court in the judicial district in which the unlicensed use is conducted.

(2) The district court may enjoin any violation or threatened violation of [sections 1 through 12] or the rules of the department as a nuisance, and the department, the attorney general, or any county attorney may institute proceedings for an injunction.

(3) This section is governed by the Montana Rules of Civil Procedure.

NEW SECTION. Section 11. Violation -- misdemeanor. A person who operates a forklift without a license, as required by [section 1], is guilty of a misdemeanor punishable in accordance with the provisions of 46-18-212.

NEW SECTION. Section 12. Licensees subject to disciplinary action. A licensed forklift operator is subject to uniform regulations as provided in Title 37, chapter 1, part 4.

NEW SECTION. Section 13. Contingent voidness. (1) If Constitutional Initiative No. 75, enacting Article VIII, section 17, of the Montana constitution, is declared invalid, then [sections 5 and 6] are effective as provided in [section 15].

(2) If [LC 1747 and LC 1748] are submitted to and not approved by the electorate, then [this act] is void.

NEW SECTION. Section 14. Codification instruction. [Sections 1 through 12] are intended to be codified as an integral part of Title 50, and the provisions of Title 50 apply to [sections 1 through 12].

NEW SECTION. Section 15. Effective date. [This act] is effective January 1, 2000.

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