It is enacted by the General Assembly as follows:

SECTION 1. Sections 5-70-5, 5-70-6, 5-70-11, and 5-70-13 of the General Laws in Chapter 5-70 entitled "Telecommunications" are hereby amended to read as follows:

5-70-5. Form of license/registration. -- Three (3) major forms of license shall be issued with the two higher licenses carrying certification for one (1) or more of the four (4) category(s), as defined within this chapter, for which qualified.

(1)(i) Telecommunications System Contractor, TSC, license shall be issued to any person qualified under this chapter representing themselves, individually, or a firm or corporation engaging in or about to engage in, the business of designing, installing, altering, servicing, and/or testing telecommunications systems.

(ii) Qualification shall be evidenced by passing the examination(s) for any or all of the categories of telecommunications systems described herein, shall have been licensed as a telecommunication systems technician for a minimum of three (3) consecutive years, and shall be registered to conduct business under the laws of the state; or as otherwise described within this chapter.

(iii) The holding of a TSC license shall entitle the holder individually to contract for, engage in, and/or perform the actual work of designing, installing the type(s) of telecommunications systems for which they have been granted certification. No individual shall be required to hold more than one form of license.

(2)(i) Telecommunications Systems Technician, TST, license shall be issued to any person who has passed the examination(s) as defined within this chapter for any or all of the categories of telecommunications systems described herein.

(ii) The holding of a TST license shall entitle the holder individually to perform the actual work of installing, altering, servicing, and/or testing the type(s) of telecommunications systems for which they have been granted certification. All such work performed shall be under the supervision of the holder of a TSC license.

(3)(i) Telecommunications System Limited Installer, TSLI, license shall be issued to any person who has passed the examination as defined within this chapter and as described herein.

(ii) The holding of a TSLI license shall entitle the holder to perform the actual work of installation of wiring, low voltage surface raceway, enclosures, and wiring devices directly associated with a telecommunications system. Connection to, installation of, or servicing of telecommunications devices shall only be performed under the direct supervision of a holder of a TST or TSC license.

(4)(i) Trainee/Telecommunications Apprentice. Registered trainees/telecommunications apprentices may be employed to perform the actual work of installation of wiring, low voltage surface raceway, enclosures, and wiring devices directly associated with a telecommunications system under the direct supervision of a holder of a TST or TSC license.

(ii) Trainees/telecommunication apprentices shall be required to register with the licensing authority subsequent to employment by a person, firm, or corporation licensed as a TSC under this chapter; and prior to being permitted to perform any actual installation work.

(iii) The registered trainee/telecommunication apprentice shall not be permitted to make connection to, install or service telecommunications devices. No more than two (2) registered trainees/telecommunication apprentices can be directly supervised by a single TSC or TST license holder.

5-70-6. Unauthorized practice prohibited -- Criminal penalties -- Injunctions. -- (a) Except as provided herein, no individual, firm, or corporation shall provide or offer to provide telecommunications services in this state or use any title, sign, card or device implying that the individual, firm, or corporation is qualified to provide telecommunication services unless that individual, firm, or corporation is the beneficial holder of a currently valid license issued pursuant to this chapter.

(b) Any individual, partnership, or corporation which {DEL violates DEL} {ADD is found to have violated ADD} subsection (a) {DEL shall be guilty of a misdemeanor and upon conviction by a court of competent jurisdiction DEL} shall{ADD , after notice and hearing before the board of examination and licensing of telecommunication systems contractors, technicians, and installers, be obligated ADD} {DEL be sentenced DEL} to pay a fine of not more than five hundred dollars ($500) for the first offense, and a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1000) for each subsequent offense {DEL or imprisonment for not more than one year or both DEL} .

(c) The board shall have the power to institute injunction proceedings in superior court to prevent violations of subsection (a).

5-70-11. Examination. -- (a) The board shall establish suitable rules and regulations for the examination and licensing of telecommunications technicians, specialists and businesses and also governing the practice of the professions of telecommunications. This shall not include any prohibition of employment of a properly licensed telecommunications technician, specialists, or business.

(b) The board shall hold examinations for individuals applying for licensing at least once each quarter year, provided that there are applicants qualified under this chapter.

(c) The board shall establish such rules and regulations for the examination of applicants so as to assure the technical competence of the applicant in one or more of the four (4) categories defined within this chapter as it deems appropriate, but in no case shall technical competence account for less than {DEL sixty-five percent (65%) DEL} {ADD sixty percent (60%) ADD} of the mathematical computation of the examination score and in no case will a passing grade be considered less than {DEL seventy-five percent (75%) DEL} {ADD seventy percent (70%) ADD} of the total score within any one category. No less than twenty-five percent (25%) of the mathematical computation of the examination shall cover knowledge of applicable federal and state codes and regulations.

(d) The board shall periodically solicit input from appropriate regulating authorities as to recommendations of subject items to be installed in the appropriate portion of the examination.

{DEL5-70-13. Grandfathering -- Licensing of telecommunications systems contractors (TSC), telecommunications systems technicians (TST), and telecommunications systems limited installers (TSLI) without examination. -- DEL} {ADD 5-70-13. Licensing of telecommunications systems contractors (TSC), telecommunications systems technicians (TST), and telecommunications systems limited installers (TSLI) without examination. -- ADD} (a) {DEL After enactment of this chapter and at DEL} {ADD At ADD} any time prior to the expiration of {DEL ten (10) DEL} {ADD six (6) ADD} months following {DEL enactment of this chapter DEL} {ADD the date of passage of this act ADD} , the authority shall, without examination, upon payment of the fees herein required issue through the department of labor, division of professional regulation a license "TSC", "TST", or "TSLI" to any applicant who shall present satisfactory evidence that he or she has the qualifications for the type and category/ies of license applied for, and who has a minimum of three (3) years of verified continual experience installing, altering, servicing, and testing telecommunications systems covered by such license, as applicable, in this state within the five (5) years immediately preceding {DEL enactment of this chapter DEL} {ADD the date of passage of this act ADD} . Applicant for license TSC under this provision must further provide sworn evidence of satisfactory completion of a minimum of three (3) projects/systems for each category for which application is made.

(b) Any person qualified to obtain a license TST or TSLI under this section who is prevented from making application by reason of service in the armed forces of the United States during the {DEL ten (10) DEL} {ADD six (6) ADD} month period following {DEL enactment of this chapter DEL} {ADD the date of passage of this act ADD} shall have three (3) months after discharge or release from active duty to make such application.

(c) On and after such date as the public utility commission no longer regulates a telephone company, a corporate affiliate of such telephone company, or a service provided by such company or corporate affiliate, the licensing authority shall issue through the department of labor, division of professional regulation an appropriate license as provided in this chapter, to any person who is an employee of such telephone company or such corporate affiliate on such date who, as a result of such deregulation, becomes subject to the provisions of this chapter and who applies for any such license in accordance with the provisions of this {DEL chapter DEL} {ADD section ADD} not later than {DEL ten (10) DEL} {ADD six (6) ADD} months after such date, provided any such employee shall not be required to pass any examination in order to qualify for any such license.

SECTION 2. Chapter 5-70 of the General Laws entitled "Telecommunications" is hereby amended by adding thereto the following section:

{ADD 5-70-21. Inspection and right of entry. -- ADD} {ADD The division of professional regulation by and through its telecommunication investigators shall have the right and authority to enter, during times at which telecommunication work is actually being performed in any commercial building, structure or premises where telecommunication work is being done, except however, any building, structure or premises exempt by law, for the purpose of ascertaining compliance with this chapter. ADD}

{ADD 5-70-22. Authority of director to assess penalty. -- ADD} {ADD The director may assess an administrative penalty on any person, firm or corporation for any violation of the provisions of this chapter, after notice and hearing, before and upon the recommendation of the board of examination of telecommunication system contractors, technicians and installers in the amount of not more than five hundred dollars ($500) for the first offense and not less than five hundred dollars ($500) nor more than one thousand dollars ($1000) for each subsequent offense. Provided, further, that the board may revoke any telecommunication license for a failure to pay any fine imposed by the board within thirty (30) days. ADD}

SECTION 3. This act shall take effect upon passage.