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An Act To Remove Certain Exemptions to the Laws Concerning Tree Specialists
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §2174, sub-§§3 and 4, as enacted by PL 1999, c. 84, §3, are amended to read:
 
3. Certain employees.   State, county, municipal, quasi-municipal or public utility employees while engaged in their regular line of duty or those individuals contracted during emergencies that result in public hardships; or
 
4. Scientific specialists.   Scientific specialists such as plant pathologists, entomologists, botanists, foresters, horticulturists and others who are not arborists but who by academic training are professionally qualified to perform certain services performed by licensed arborists. Services performed by those specialists for a fee are limited to consultation, advisory or expert diagnostic services. Those specialists are prohibited from performing all other activities of practicing arborists without examination; or.
Sec. 2. 7 MRSA §2174, sub-§5, as enacted by PL 1999, c. 84, §3, is repealed.
Sec. 3. 7 MRSA §2175, sub-§1, as amended by PL 2001, c. 299, §3, is further amended to read:
 
1. Penalties.  A person who violates this subchapter must be informed of the violation and issued a warning. A person who has been issued a warning pursuant to this subsection who violates this subchapter again commits a civil violation for which a forfeiture of up to $500$1,000 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.
 
SUMMARY
This bill eliminates the arborist licensing exemption for highway contractors, subcontractors and their employees who remove trees during the performance of contracts for the construction or maintenance of highways and general contractors who remove interfering shade or ornamental trees or interfering parts of shade or ornamental trees in the conduct of their regular business. This bill also increases the penalty for violating a provision of the laws regarding arborists from up to $500 per day to up to $1,000 per day but provides for a warning for a first offense.