(a) As used in sections 23-61a to 23-61f, inclusive, as amended by this act, "arboriculture" means any work done for hire to improve the condition of fruit, shade or ornamental trees by feeding or fertilizing, or by pruning, trimming, bracing, treating cavities or other methods of improving tree conditions, or by protecting trees from damage from insects or diseases or curing these conditions by spraying or any other method; "arborist" means one who is qualified to perform arboriculture and is licensed by the Commissioner of Environmental Protection as provided in section 23-61b, as amended by section 2 of this act; "board" means the State Tree Protection Examining Board established under subsection (b); "fungicide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any fungus; "fungus" means any non-chlorophyll-bearing thallophyte; that is, any non-chlorophyll-bearing plant of a lower order than mosses and liverworts; for example, rusts, smuts, mildews, molds and yeasts, except those on or in any living human or other vertebrate animal; "herbicide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed; "insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising six-legged, usually winged forms, as for example, beetles, bugs, bees, flies and to other allied classes of arthropods, whose members are wingless and usually have more than six legs, as for example, spiders, mites, ticks, centipedes and wood lice; "insecticide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating insects; "plant regulators" means any substance or mixture of substances determined to be a plant regulator under Chapter 441; "pesticide" means any substance or mixture of substances determined to be a pesticide under said chapter; "weed" means any plant that grows where it is not wanted.

(b) There shall be in the Department of Environmental Protection a State Tree Protection Examining Board which shall consist of the plant pathologist and forester of the Connecticut Agricultural Experiment Station, who shall serve as ex-officio members, and five electors of the state, three of whom shall be public members, and two of whom shall be licensed, practicing arborists to be appointed by the Governor. Any vacancy in the appointed membership of the board shall be filled by the Governor for the unexpired portion of the term.

(c) The board shall have a seal and, in the proceeding in court, a certificate under such seal shall be bona fide evidence of any proceeding or action by or before the board stated in such certificate. A majority of members acting as a board shall constitute a quorum for the transaction of business.

(d) Repealed

(e) The Commissioner of Environmental Protection, with the advice and assistance of the board, may adopt such regulations as are necessary for the purpose of giving examinations, issuing and renewing licenses, inspection of work or revocation of licenses.

Sec 2. Section 23-61b:

(a) No person shall advertise, solicit or contract to do arboriculture within this state at any time without a license issued in accordance with the provisions of this section, except that any person may improve or protect any tree on his own premises or on the property of his employer without securing such a license provided such activity does not violate the provisions of chapter 441, subsection (a) of section 23-61(a), this section or section 23-61d. Application for such license shall be made to the Commissioner of Environmental Protection and shall contain such information regarding the applicant's qualifications and proposed operations and other relevant matters as the Commissioner may require and shall be accompanied by a fee of twenty-five dollars which shall not be returnable.

(b) The Commissioner shall require the applicant to show upon examination that he possesses adequate knowledge concerning the proper methods of arboriculture and the dangers involved and the precautions to be taken in connection with these operations, together with knowledge concerning the proper use and application of pesticides and the danger involved and the precautions to be taken in connection with their application. If the applicant is other than an individual, the applicant shall designate an officer, member or technician of the organization to take the examination, which designee shall be subject to the approval of the Commissioner except that any person who uses pesticides in arboriculture shall be licensed to do arboriculture or shall be a licensed commercial applicator under chapter 441. If the extent of the applicant's operations warrant, the Commissioner may require more than one such member or technician to be examined. If the Commissioner finds the applicant qualified, he shall issue a license to perform arboriculture within this state. A license shall be valid for a period of five years. If the Commissioner finds that the applicant is not qualified, or if he refuses to issue a license for any other reason, he shall inform the applicant in writing, giving reasons for such refusal.

(c) The Commissioner may issue a license without examination to any nonresident who is licensed in another state under a law that provides substantially similar qualifications for licensure and which grants similar privileges of licensure without examination to residents of this state licensed under the provisions of this section.

(d) Each licensee shall pay a license renewal fee of one hundred and fifty dollars for each renewal. All examination and license renewal fees shall be deposited as provided in section 4-32, as amended, and any expenses incurred by the Commissioner in making examinations, issuing certificates, inspecting tree work or performing any duties of the board shall be charged against appropriations of the General Fund.

(e) Each licensee shall maintain and, upon request, furnish such records concerning licensed activities as the Commissioner may require.

(f) The Commissioner may suspend for not more than ten days and, after notice and hearing as provided in any regulations established by the Commissioner, he may suspend for additional periods, or he may revoke, any license issued under this section if he finds that the licensee is no longer qualified or has violated any provision of sections 23-61a to 23-61d, inclusive, as amended by this act, or any regulation adopted thereunder.

(g) The Commissioner of Environmental Protection, in consultation with the board, shall establish standards for examining applicants and reexamining applicators with respect to the proper use and application of pesticides and agricultural methods. Such standards shall provide that in order to be certified, an individual shall be competent with respect to the use and handling of pesticides or the use and handling of the pesticide or class of pesticides covered by such individual's application or certification and in the proper and safe application of recognized arboricultural methods.

(h) Any licensed arborist shall be considered to be a certified applicator under section 22a-54 with respect to the use of pesticides.

Sec. 3. Section 23-61f:

(a) Any person who violates any provision of subsection (b), (c) or (d) of section 23-61b, as amended by this act, or section 23-61d or of any regulation issued under subsection (e) of section 23-61a, as amended by this act, shall be fined not more than two hundred dollars.

(b)Any person who violates any provision of chapter 441 or sections 23-61a to 23-61d, inclusive, as amended by this act, shall be considered under the jurisdiction of the Commissioner of Environmental Protection.

(c) Any person who violates any provision of subsection (a) of section 23-61b, as amended by this act, or section 23-61d shall be assessed a civil penalty of not less than one thousand dollars but not more than two thousand five hundred dollars for each day such violation continues. The Attorney General, upon complaint of the Commissioner, shall institute a civil action in the Superior Court for the Judicial District of Hartford-New Britain to recover such penalty. Any such action shall have precedence in the order of trial as provided in section 52-191.