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.__In addition, one must be a licensed arborist employed by a municipality of the State; one must be an employee of an electrical transmission company; and one must be a self-employed arborist.__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.

SUMMARY

This bill changes the penalty for violating the arborist licensing laws from a criminal to a civil violation and establishes a fine of up to $500 per day for each day the statute is violated. It allows actions to be brought against individuals who violate this statute in either District Court or Superior Court. It eliminates the exemption to the licensing requirement for tree removal in municipalities having populations under 2,500 people. It eliminates the requirement of examining applicants for restricted licenses in those subjects to which their activities are restricted, thereby allowing the State to examine applicants in a broader category of subject areas. It establishes the Maine Arborist Advisory Council to advise the Department of Agriculture, Food and Rural Resources on the operation and enforcement of the arborist licensing laws.