CHAPTER 299
H.P. 899 - L.D. 1191
An Act to Amend the Maine Arborist Licensing Law and Clarify the Expiration Date for Nursery Licenses
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §12004-I, sub-§1-A is enacted to read:
Sec. 2. 7 MRSA §2171, first ¶, as enacted by PL 1999, c. 84, §3, is amended to read:
A person, firm or corporation may not engage in or continue in the business of selling or dealing in nursery stock, as defined in section 2211, without first obtaining a license to conduct such business in this State. The State Horticulturist shall prescribe the form of the license. Upon proper application, a license must be issued in the name of the nursery owner or dealer and that license may not be transferred. Each agent and each store acting under a general agent or store must have a license as provided in this section. A license may be issued for a one-year, 2-year or 3-year period and expires on December 31st of the year the period ends. Licenses for a period in excess of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year license is 2 times the annual fee. The fee for a 3-year license is 3 times the annual fee.
Sec. 3. 7 MRSA §2175, sub-§1, as enacted by PL 1999, c. 84, §3, is amended to read:
1. Penalties. Any A person who violates this subchapter is guilty of a Class E crime commits a civil violation for which a forfeiture of up to $500 a day for each day the violation continues may be adjudged. All penalties collected must be deposited in a nonlapsing account in the department and must be used for the expenses of administering this chapter.
Sec. 4. 7 MRSA §2175, sub-§2, as enacted by PL 1999, c. 84, §3 and amended by c. 547, Pt. B, §78 and affected by §80, is further amended to read:
2. Injunction. The State may bring an action in District Court or Superior Court to enjoin any person from violating this chapter, regardless of whether other proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted.
Sec. 5. 7 MRSA §2179, as enacted by PL 1999, c. 84, §3, is amended to read:
Except as provided in section 2180, a A person may not advertise, consult, solicit, contract or in any way engage for compensation in the business of an arborist, or make representation as being able to do so, without being licensed as an arborist.
Sec. 6. 7 MRSA §2180, as enacted by PL 1999, c. 84, §3, is repealed.
Sec. 7. 7 MRSA §2184, 2nd ¶, as enacted by PL 1999, c. 84, §3, is repealed.
Sec. 8. 7 MRSA §2191 is enacted to read:
§2191. Advisory council established
The Maine Arborist Advisory Council, as established in Title 5, section 12004-I, subsection 1-A and referred to in this section as the "council," advises the commissioner on the licensing and enforcement of arborists in the State.
1. Membership; terms; meetings; removal. The council consists of 7 members appointed by the commissioner. Of the 7 members, one must be a member representing the public and 6 must be arborists licensed by the State. Of the 6 arborists, one must be a licensed arborist employed by a municipality of the State; one must be an employee of an electrical transmission company; one must be a self-employed arborist; and one must serve on the governing council of a statewide professional organization for licensed arborists. All regions of the State must be represented on the council.
Members serve for a term of 3 years. At the end of a term an outgoing member serves until a successor has been appointed. A member may not serve more than 2 consecutive terms.
The council shall meet at least annually to conduct business and to elect officers. A quorum consists of at least 4 members. The affirmative vote of a majority of the members present is necessary to decide any business brought before the council.
A member may be removed by the commissioner for:
A. Failure to attend council meetings;
B. Failure to maintain a valid arborist license, if required to do so;
C. Moving out of the State; or
D. Cause, as determined by the commissioner.
Members may not be compensated except for expenses incurred in attending meetings. A commercial arborist who is a present or former member of the council may not use membership on the council in the advertising of the arborist's business.
2. Duties of council. The council shall:
A. Consult with the department on matters in which the members have individual or collective expertise;
B. Assist the department in developing and updating arborist exams;
C. Recommend to the department amendments to arborist licensing laws and rules to ensure they properly regulate the activities of licensed arborists in the State; and
D. Assist the department with investigating complaints of unprofessional conduct and recommend a course of action to resolve such complaints.
Effective September 21, 2001, unless otherwise indicated.
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