"Arborist Registration Law of 2026"; create to require individuals to engage in the profession of arboriculture to be registered and licensed.

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To: Forestry; Appropriations
A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Ford (73rd)

HOUSE BILL NO. 1012

AN ACT TO ESTABLISH THE "ARBORIST REGISTRATION LAW OF 2026"; 1
TO DEFINE TERMINOLOGY USED WITHIN THIS ACT; TO PROVIDE THAT NO 2
PERSON IN A PUBLIC OR PRIVATE CAPACITY SHALL PRACTICE OR OFFER TO 3
PRACTICE ARBORICULTURE WITHOUT BEING REGISTERED AND LICENSED BY 4
THE STATE BOARD OF REGISTRATION FOR ARBORISTS; TO PROVIDE THAT 5
THIS ACT SHALL NOT BE CONSTRUED TO PREVENT ANY PERSON, FIRM, 6
PARTNERSHIP OR CORPORATION FROM PRACTICING ARBORICULTURE ON ANY 7
LAND, IF THOSE ACTS ARE NOT PERFORMED OR OFFERED TO THE PUBLIC FOR 8
COMPENSATION; TO ESTABLISH THE STATE BOARD OF REGISTRATION FOR 9
ARBORISTS, TO PROVIDE FOR THE APPOINTMENT OF ITS MEMBERS BY THE 10
GOVERNOR AND QUALIFICATIONS FOR MEMBERSHIP; PRESCRIBE INITIAL AND 11
SUBSEQUENT TERMS OF OFFICERS AND STIPULATE THE POWERS AND DUTIES 12
OF THE BOARD; TO REQUIRE LICENSURE APPLICANTS TO APPLY TO THE 13
BOARD IN WRITING ON FORMS PRESCRIBED AND FURNISHED BY THE BOARD 14
AND PAY A REQUIRED NONREFUNDABLE FEE OF ONE HUNDRED DOLLARS; TO 15
AUTHORIZE THE ISSUANCE OF LICENSE TO INDIVIDUALS AND BUSINESS 16
ENTITIES; TO REQUIRE NONRESIDENT APPLICANTS FOR AN ORIGINAL 17
LICENSE OR A RENEWAL LICENSE TO FILE AN IRREVOCABLE CONSENT THAT 18
ACTIONS AGAINST THE APPLICANT MAY BE FILED IN ANY APPROPRIATE 19
COURT OF ANY COUNTY OR MUNICIPALITY OF THIS STATE IN WHICH THE 20
PLAINTIFF RESIDES OR IN WHICH SOME PART OF THE TRANSACTION 21
OCCURRED; TO PROVIDE THAT EXAMINATIONS, IF REQUIRED, SHALL BE HELD 22
AT SUCH TIME AND PLACE AS THE BOARD SHALL DETERMINE IN ACCORDANCE 23
WITH PROCEDURES PRESCRIBED BY THE BOARD; TO PROVIDE THAT 24
CANDIDATES WHO FAIL AN EXAMINATION MAY APPLY FOR REEXAMINATION 25
AFTER SIX MONTHS, AND SHALL BE ENTITLED TO ONE REEXAMINATION 26
WITHOUT PAYMENT OF AN ADDITIONAL FEE; TO REQUIRE THE BOARD TO 27
ISSUE A PROPERLY AUTHENTICATED, SERIALLY NUMBERED LICENSE UPON 28
PAYMENT OF THE REGISTRATION FEE TO ANY APPLICANT WHO IN THE 29
OPINION OF THE BOARD HAS SATISFACTORILY MET ALL THE REQUIREMENTS 30
OF THIS ACT AND THE RULES AND REGULATIONS OF THE BOARD; TO PROVIDE 31
THAT LICENSES SHALL EXPIRE AFTER DECEMBER 31 OF ODD NUMBERED YEARS 32
AND SHALL BECOME INVALID AFTER THAT DATE UNLESS RENEWED; TO 33
REQUIRE THE SECRETARY OF THE BOARD TO MAIL A NOTICE TO EVERY 34
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PERSON REGISTERED AS AN ARBORIST, NOTIFYING THE PERSON OF THE DATE 35
OF THE EXPIRATION OF HIS OR HER LICENSE AND THE AMOUNT OF FEE 36
REQUIRED FOR ITS RENEWAL FOR TWO YEARS; TO REQUIRE THE NOTICE OF 37
EXPIRATION TO BE MAILED TO THE LATEST KNOWN ADDRESS, ACCORDING TO 38
THE BOARD'S RECORDS, AT LEAST ONE MONTH IN ADVANCE OF THE DATE OF 39
THE EXPIRATION OF THE LICENSE; TO PRESCRIBE CONDITIONS FOR 40
RECIPROCITY FOR NONRESIDENTS SEEKING TO LICENSURE AS AN ARBORIST 41
IN THE STATE OF MISSISSIPPI; TO PRESCRIBE, CIVIL, CRIMINAL AND 42
ADMINISTRATIVE PENALTIES FOR VIOLATION OF THIS ACT, AND ESTABLISH 43
A THREE-YEAR STATUTE OF LIMITATIONS FOR CIVIL ACTIONS; AND FOR 44
RELATED PURPOSES. 45
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 46
SECTION 1. This act shall be known and may be cited as the 47
"Arborist Registration Law of 2026." 48
SECTION 2. As used in this act the following words and 49
phrases shall include the meanings ascribed in this section unless 50
the context clearly requires a different meaning: 51
(a) "Person" means a natural person. 52
(b) "Arborist" means an individual or professional 53
entity engaged in the commercial practice of the cultivation, 54
management and study of trees, shrubs and other woody plants, who 55
is qualified to engage in the practice of arboriculture and who 56
also has been duly registered and holds a current valid license 57
issued by the board. 58
(c) "Registered arborist" means a person who has been 59
registered and licensed pursuant to this act. 60
(d) "Arboriculture" means: 61
(i) Pruning, trimming, and shaping trees, 62
especially when the work requires leaving the ground; 63
(ii) Diagnosing and treating tree conditions, such 64
as diseases or pest infestations; 65
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(iii) Installing cabling, bracing or lightning 66
protection systems; 67
(iv) Felling or removing trees in developed areas; 68
and 69
(v) Providing consultation, tree appraisals and 70
expert legal testimony. 71
(e) "Board" means the State Board of Registration for 72
Arborists established under Section 5 of this act. 73
(f) "Commissioner" means the Commissioner of 74
Agriculture and Commerce. 75
(g) "Department" means the Mississippi Department of 76
Agriculture and Commerce. 77
SECTION 3. (1) In order to benefit and protect the public, 78
no person in either public or private capacity shall practice or 79
offer to practice arboriculture, unless he or she shall first have 80
submitted evidence that he or she is qualified so to practice and 81
shall be registered by the State Board of Registration for 82
Arborists or unless he or she is specifically exempted from 83
registration under this act. It is unlawful for any person to 84
practice or offer to practice arboriculture in this state, as 85
defined by this act, or to use in connection with his or her name 86
or otherwise assume, use or advertise any title or description 87
tending to convey the impression that he or she is an arborist, 88
unless the person has been duly registered or is exempt from 89
registration under this act. 90
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(2) This act shall not be construed to prevent or to affect: 91
(a) The conduct of business and support services 92
including: 93
(i) Tree cutting; 94
(ii) Tree trunk removal; 95
(iii) Stump grinding; 96
(iv) Pruning, trimming and shaping trees; 97
(v) Diagnosing and treating tree conditions 98
resulting from diseases or pest infestations; 99
(vi) Installation of cabling, bracing or lightning 100
protection systems; 101
(vii) Felling or removing trees in developed 102
areas; and 103
(viii) Providing consultation, appraisals and 104
expert legal testimony; 105
(b) The application of arboriculture principles and 106
procedures on any lands in which the person, firm, partnership or 107
corporation owns; or persons, firms, partnerships and corporations 108
having the right to manage and administer lands in any legal 109
manner; 110
(c) The work of an employee or a subordinate of any 111
arborist holding a license if that work is done under the 112
direction, supervision and responsibility of a person holding a 113
license under this act; 114
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(d) The practice of arboriculture by officers and 115
employees of the United States government on federally-owned 116
lands; 117
(e) The practice of arboriculture by officers and 118
employees of the State of Mississippi on state-owned lands; or 119
(f) Employees of the federal government, state 120
government and educational institutions of the State of 121
Mississippi who, in the exercise of their assigned duties, conduct 122
arboriculture education programs. 123
SECTION 4. Nothing contained in this act shall be construed 124
as preventing any person, firm, partnership or corporation from 125
practicing arboriculture on any land, provided such acts are not 126
performed or offered to the public for compensation, unless 127
otherwise exempted in Section 3 of this act. 128
SECTION 5. (1) There is hereby created the State Board of 129
Registration for Arborists of the State of Mississippi for the 130
purposes of safeguarding, through regulation, the practice of 131
arboriculture and requiring that persons practicing or offering to 132
practice arboriculture to be registered. The board shall be 133
composed of six (6) members appointed by the Governor with the 134
advice and consent of the Senate, as follows: 135
(a) Two (2) of whom shall be commercial arborists or 136
arborist who have been engaged in practice as arborists or 137
arborists for five (5) years; 138
(b) One (1) of whom shall be an entomologist; 139
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(c) One (1) of whom shall be a plant pathologist; 140
(d) One (1) of whom shall be a representative of a 141
state or municipal forestry or parks department; and 142
(e) The Commissioner of Agriculture and Commerce, who 143
shall serve as an ex officio member of the board. 144
(2) The Governor shall appoint members to the board by 145
August 1, 2026, designating an initial term of office of one (1), 146
two (2), three (3), four (4) or five (5) years for each of the 147
members as appointed. As the terms of office of the members so 148
appointed expire, successors shall be appointed for terms of four 149
(4) years. Any vacancy occurring in the membership of the board 150
shall be filled by the Governor for the unexpired term. The 151
Governor shall have the right, upon the approval of a majority of 152
the board, to remove any members of the board for inefficiency, 153
neglect of duty or dishonorable conduct. 154
(3) No person shall be appointed a member of the board 155
unless the person at the time appointed has held a license in his 156
or her field of expertise for at least five (5) years. 157
(4) Each year the board shall elect one (1) of its members 158
as chairman, one (1) as vice chairman, and one (1) as secretary, 159
and each shall perform the usual duties of such offices. The 160
board may adopt an official seal. Three (3) members of the board 161
shall constitute a quorum, and a majority vote of those present at 162
any meeting shall be necessary for the adoption of any order 163
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proposed or the disposition of other business coming before the 164
board. 165
(5) The board shall hold at least two (2) regular meetings 166
during each year and such other meetings as the chairman may find 167
necessary. Notice of the time and place of the meetings of the 168
board shall be mailed to each of the members of the board at least 169
five (5) days before the meeting and, in addition, shall be posted 170
as provided by the rules and regulations of the board at least 171
five (5) days prior to the meeting. 172
(6) (a) Each member of the board shall receive per diem 173
compensation as authorized by Section 25-3-69, and shall be 174
reimbursed for such other expenses at the same rate and under the 175
same conditions as provided for public officers and employees in 176
Section 25-3-41. The department shall pay for all expenses 177
incurred by the board, including clerical help as may be needed, 178
if itemized statements of the expenses are first approved by order 179
of the board entered on its minutes. The department shall not 180
expend in any fiscal year more monies on the board's behalf than 181
the amount of fees collected. 182
(b) All fees shall be paid to the department and the 183
commissioner shall deposit all monies received under this act in 184
the State Treasury. All such monies shall be kept in a special 185
fund in the State Treasury known as the "State Board of Registered 186
Arborists Fund" and shall be used for the administration of this 187
act. The funds shall not lapse at the end of each year. 188
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(c) All expenditures from the fund shall be by 189
requisition to the Executive Director of the Department of Finance 190
and Administration and signed by the board chairman. The 191
secretary of the board shall be under a surety bond in the penal 192
sum of Five Thousand Dollars ($5,000.00) with a surety company 193
authorized to do business in this state, the bond to be 194
conditioned for the faithful performance of his or her duties, and 195
the fee shall be paid by the board. 196
SECTION 6. (1) The State Board of Registration for 197
Arborists shall have the following powers and duties: 198
(a) To adopt rules and regulations governing the 199
holding of its meetings, hearings, applications for licenses and 200
any and all other duties provided by this act; 201
(b) To establish and promulgate standards of practice 202
and a code of ethics for registered arborists and provide for the 203
enforcement thereof; 204
(c) To establish minimum requirements for professional 205
continuing education; 206
(d) To prepare a biennial roster showing the names, 207
business addresses and such other information as the board may 208
deem necessary of all arborists registered under this act, and to 209
provide copies to the registered arborists and the public. A copy 210
of the roster shall be filed with the Secretary of State of the 211
State of Mississippi on or before April 1 in the year such roster 212
is prepared; and 213
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(e) To issue, suspend or revoke licenses and to take 214
all actions necessary. 215
(2) At any hearing before the board, any member may 216
administer oaths to witnesses appearing before the board. If any 217
person shall refuse to testify or to produce any books, papers or 218
documents, the board may present its petition to any court of 219
competent jurisdiction within the state setting forth the facts, 220
and then the court, in a proper case, may issue its subpoena to 221
the person requiring his or her attendance before the court and to 222
testify or to produce such books, papers and documents as may be 223
deemed necessary and pertinent thereto. Any person failing or 224
refusing to obey the subpoena of the court may be proceeded 225
against in the same manner as for refusal to obey any other 226
subpoena of the court. 227
(3) The board shall keep a record of its proceedings and a 228
register of all applications for registration. The register shall 229
show the name, age and residence of each applicant, the date of 230
the application and the board's action on the application and any 231
other information as may be deemed necessary by the board. The 232
board shall submit an annual report to the Governor and a report 233
to the regular session of the Legislature. The report to the 234
Legislature shall include a financial statement of the 235
transactions of the board during the year. 236
SECTION 7. (1) Every person applying to the board for 237
licensure must do so in writing on forms prescribed and furnished 238
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by the board and pay a required nonrefundable fee of One Hundred 239
Dollars ($100.00). An applicant must indicate if the license is 240
sought for an individual or an entity. The application shall 241
include without limitation the name, principal place of business, 242
address, telephone number of the applicant, and shall include the 243
social security number(s) of the applicant in accordance with 244
Section 93-11-64. 245
(2) (a) Licensure may be granted in an individual's name to 246
an individual applicant who meets all of the following 247
qualifications: 248
(i) He or she must be at least twenty-one (21) 249
years of age; 250
(ii) He or she must be a citizen of the United 251
States; 252
(iii) He or she must hold a current certification 253
from the International Society of Arboriculture or hold an 254
associate or bachelor's degree from an accredited postsecondary 255
educational institution approved by the board, in the fields of 256
forestry, horticulture or plant science; and 257
(iv) He or she must meet all other requirements 258
deemed necessary by the board. 259
(b) Licensure may be granted in an entity's name to an 260
entity applicant that meets all of the following qualifications: 261
(i) The entity must designate a qualifying party 262
who: 263
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1. Possesses a valid individual license under 264
this act; 265
2. Is legally qualified to act for the entity 266
in all matters connected with the practice of the arboriculture 267
profession; and 268
3. Is directly responsible for contracts or 269
the provision of diagnostic services; and 270
(ii) The entity must be in compliance with any 271
statutory requirements pertaining to such legal entity. 272
(3) No individual licensee may engage in the practices of a 273
arborist as an employee or officer or serve as a qualifying party 274
of more than one (1) entity licensee during any one (1) period of 275
time. 276
(4) (a) All applicants for licensure under this act must 277
provide the board with proof of compliance with the applicable 278
regulations set forth by the Occupational Safety and Health 279
Administration (OSHA), the American National Standards Institute 280
(ANSI) and the Animal and Plant Health Inspection Service (APHIS), 281
along with proof that the applicant has obtained Workers' 282
Compensation insurance covering the applicant's employees or is 283
approved as a self-insurer of Workers' Compensation in accordance 284
with Mississippi law. 285
(b) Any applicant who engages in the application of 286
pesticides as it relates to the practice of the arboriculture 287
profession must provide proof to the board of possessing a valid 288
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applicator license issued by the Mississippi Department of 289
Agriculture and Commerce under the Mississippi Pesticide Law, as 290
prescribed in Section 69-23-101, et seq. 291
(5) The board may establish further requirements for 292
licensure by rule. The board may review and investigate the 293
denial of any license, upon appeal by the denied applicant, and 294
the board may issue a license to an applicant who met the 295
requirements for such license at the time of application. 296
SECTION 8. (1) Each nonresident applicant for an original 297
license or a renewal license, except a foreign corporation, shall 298
file an irrevocable consent that actions against the applicant may 299
be filed in any appropriate court of any county or municipality of 300
this state in which the plaintiff resides or in which some part of 301
the transaction occurred, out of which the alleged cause of action 302
arose and that process in any action may be served on the 303
applicant by leaving two (2) copies of the process with the 304
Commissioner of Agriculture and Commerce. Such consent shall 305
stipulate and agree that service of process shall be taken and 306
held to be valid and binding for all purposes. The commissioner 307
shall send one (1) copy of the process to the applicant at the 308
nonresident licensee's address of record by registered mail. 309
(2) No foreign corporation shall receive a license under 310
this act until it has been authorized to do business in this state 311
by the board. 312
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SECTION 9. When written examinations are required, they 313
shall be held at such time and place as the board shall determine. 314
The methods of procedure shall be prescribed by the board. A 315
candidate failing an examination may apply for reexamination at 316
the expiration of six (6) months and shall be entitled to one (1) 317
reexamination without payment of an additional fee. Subsequent 318
examinations may be granted upon payment of a fee to be determined 319
by the board, but not in excess of One Hundred Dollars ($100.00). 320
SECTION 10. The board shall issue a properly authenticated, 321
serially numbered license upon payment of the registration fee to 322
any applicant who in the opinion of the board has satisfactorily 323
met all the requirements of this act and the rules and regulations 324
of the board duly adopted under this act. The issuance of a 325
license by the board shall be evidence that the person named 326
therein is entitled to all the rights and privileges of a 327
registered arborist while the license remains unrevoked or 328
unexpired. 329
SECTION 11. Except as provided in Section 33-1-39, all 330
licenses issued under the provisions of this act shall expire 331
after December 31 of odd numbered years and shall become invalid 332
after that date unless renewed. The secretary of the board shall 333
mail a notice to every person registered under this act notifying 334
the person of the date of the expiration of his license and the 335
amount of fee required for its renewal for two (2) years. The 336
notice shall be mailed to the latest known address, according to 337
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the board's records, at least one (1) month in advance of the date 338
of the expiration of the license. The board shall from time to 339
time fix the fee for renewal of licenses, provided the fee shall 340
not exceed the amount of Two Hundred Dollars ($200.00) for two (2) 341
years' renewal. Any registrant failing to renew his license and 342
applying for a license shall be required to pay a fee as set by 343
the board not to exceed twice the total amount of the license fees 344
had his license been continued in effect, and also to comply with 345
such other reasonable requirements as may be established by rules 346
and regulations of the board. 347
SECTION 12. (1) A person not a resident of and having no 348
established place of business in Mississippi, or who has recently 349
become a resident, may use the title of registered arborist in 350
Mississippi, provided: 351
(a) The person is legally licensed as a registered 352
arborist in his or her own state or county and has submitted 353
evidence to the board that he or she is so licensed and that the 354
requirements for registration are at least substantially 355
equivalent to the requirements of this act; and 356
(b) The state or county in which he or she is so 357
licensed observes these same rules of reciprocity in regard to 358
persons licensed under this act. 359
(2) Each person seeking the privileges of reciprocity 360
granted under this act shall submit his or her application to the 361
board and must receive a card or certificate from the board before 362
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exercising such privileges. The fee for obtaining a license 363
through reciprocity shall be the same as charged a Mississippi 364
licensee. The issuance of a license by reciprocity to a 365
military-trained applicant, military spouse or person who 366
establishes residence in this state shall be subject to the 367
provisions of Section 73-50-1 or 73-50-2, as applicable. 368
SECTION 13. (1) Every person licensed as an arborist shall 369
have filed with the department a good and sufficient surety bond 370
in the penal sum of One Hundred Thousand Dollars ($100,000.00), 371
with sufficient surety, signed by the arborist as principal and by 372
a responsible company authorized to execute surety bonds within 373
the State of Mississippi. The bond shall be filed and recorded in 374
the office of the clerk of the chancery court in which the 375
arborist resides or wherein the principal place of business of the 376
entity engaged in the profession of arboriculture is located, and 377
shall be payable, conditioned and approved in the manner provided 378
by law. 379
(2) The bond shall be in favor of the commissioner for the 380
benefit of all persons interested, their legal representatives, 381
attorneys or assigns, conditioned upon the faithful compliance by 382
the arborist with the provisions of this act and the rules and 383
regulations promulgated by the board and enforced by the 384
Department of Agriculture and Commerce applicable thereto. The 385
aggregate liability of the surety shall not exceed the sum of such 386
bond. The bond may be cancelled at any time by the surety by 387
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giving written notice to the arborist and the commissioner of its 388
intention to cancel the bond and all liability thereunder shall 389
terminate sixty (60) days after the mailing of such notice except 390
that such notice shall not affect any claims arising under the 391
bond, whether presented or not, before the effective date of the 392
cancellation notice. 393
SECTION 14. (1) The board shall have the power, after 394
notice and hearing, to suspend or revoke the license of any 395
registrant who: 396
(a) Is found guilty by the board of fraud or gross 397
negligence in the practice of professional arboriculture; 398
(b) Fails to comply with board rules and regulations; 399
(c) Is found guilty by the board of unprofessional or 400
unethical conduct; or 401
(d) Has had his or her license suspended or revoked for 402
cause in another jurisdiction. 403
(2) Any person may prefer charges of fraud or gross 404
negligence in connection with any forestry practice against any 405
registrant. Such charges shall be in writing, shall be sworn to 406
by the person making them, and shall be filed with the secretary 407
of the board. All charges shall be heard by the board pursuant to 408
its rules and regulations without undue delay. 409
(3) Any applicant whose license is suspended or revoked by 410
the board may apply for a review of the proceedings with reference 411
to such suspension or revocation by appealing to the Chancery 412
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Court of the First Judicial District of Hinds County, Mississippi, 413
provided a notice of appeal is filed by such applicant with the 414
clerk of said court within sixty (60) days from entry of an order 415
by the board suspending or revoking his or her license, provided 416
said applicant files with said notice of appeal a bond to be 417
approved by the court assuring the prompt payment of any and all 418
costs of said appeal, said amount to be fixed by the court. Upon 419
the filing of such notice of appeal and posting of such bond, the 420
clerk of the said court shall notify the secretary of the board 421
thereof and the record of the proceedings involved shall be 422
prepared by the secretary and forwarded to the court within a 423
period of sixty (60) days from such notice by the clerk. The 424
court shall thereupon review the proceedings on the record 425
presented and may hear such additional testimony that may appear 426
material to the court, and dispose of the appeal in termtime or in 427
vacation, and the court may sustain or dismiss the appeal, or 428
modify or vacate the order complained of, but in case the order is 429
modified or vacated, the court may also, in its discretion, remand 430
the matter to the board for such further proceedings not 431
inconsistent with the court's order as, in the opinion of the 432
court, justice may require. The decision of the chancery court 433
may be appealed as other cases to the Supreme Court. 434
(4) The board is authorized to secure, by contract, the 435
services of an investigator when deemed necessary by the board to 436
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properly consider any charge then before it. The board may, at 437
its discretion, establish a program of routine inspections. 438
(5) In addition to the reasons specified in subsection (1) 439
of this section, the board shall be authorized to suspend the 440
license of any licensee for being out of compliance with an order 441
for support, as defined in Section 93-11-153, or for failure of 442
the licensee to satisfy a judgment against such licensee, and/or 443
the company or business for which the licensee provided services, 444
provided that such judgement was rendered in connection to the 445
practice of arboriculture. The procedure for suspension of a 446
license for being out of compliance with an order for support, and 447
the procedure for the reissuance or reinstatement of a license 448
suspended for that purpose, and the payment of any fees for the 449
reissuance or reinstatement of a license suspended for that 450
purpose, shall be governed by Section 93-11-157 or 93-11-163, as 451
the case may be. Actions taken by the board in suspending a 452
license when required by Section 93-11-157 or 93-11-163 are not 453
actions from which an appeal may be taken under this section. Any 454
appeal of a license suspension that is required by Section 455
93-11-157 or 93-11-163 shall be taken in accordance with the 456
appeal procedure specified in Section 93-11-157 or 93-11-163, as 457
the case may be, rather than the procedure specified in this 458
section. If there is any conflict between any provision of 459
Section 93-11-157 or 93-11-163 and any provision of this act, the 460
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provisions of Section 93-11-157 or 93-11-163, as the case may be, 461
shall control. 462
SECTION 15. Any person who practices or offers to practice 463
the profession of arboriculture in this state without being 464
registered in accordance with this act, or any person who uses in 465
connection with his or her name, or otherwise assumes, uses or 466
advertises any title or description tending to convey the 467
impression that he or she is a registered arborist without being 468
registered in accordance with this act, or any person who presents 469
or attempts to use as his or her own the license of another, or 470
any person who gives any false or forged evidence of any kind to 471
the board or any member in obtaining a license, or any person who 472
attempts to use an expired or revoked license, or any person, 473
firm, partnership or corporation who violates any of the 474
provisions of this act and has not been issued an administrative 475
fine by the board for the violation is guilty of a misdemeanor 476
and, upon conviction, shall be fined not more than Five Thousand 477
Dollars ($5,000.00), imprisonment in the county jail for a period 478
not less than thirty (30) days, or both such fine and 479
imprisonment, for each violation. The board, or any person or 480
persons as may be designated by the board to act in its stead, is 481
empowered to prefer charges for any violations of this act in any 482
court of competent jurisdiction. It shall be the duty of all duly 483
constituted officers of the law of this state to enforce the 484
provisions of this act and to prosecute any persons, firms, 485
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partnerships or corporations violating same. Except as otherwise 486
authorized in Section 7-5-39, the Attorney General of the state or 487
his or her designated assistant shall act as legal advisor of the 488
board and render such assistance as may be necessary in carrying 489
out the provisions of this act. 490
SECTION 16. (1) An action by a client to recover damages 491
for any act or omission of a registered arborist relating to the 492
performance of an arboricultural work detail or project shall be 493
commenced within three (3) years after the date an arboricultural 494
work detail or project is completed or the action shall be barred. 495
Further, a registered arborist shall not be liable for any latent 496
defects that may be contained in the observable systems and 497
components of improvements to residential or commercial real 498
property wherein the arboricultural work detail or project was 499
performed. 500
(2) Any professional who is licensed by the State of 501
Mississippi when acting within the scope of his or her profession 502
and is not a registered arborist shall not be liable for the 503
findings, errors, or omissions of an arboricultural work detail or 504
project, provided that he or she has not provided physical work on 505
the work detail or project and has no personal or financial 506
interest in the ownership of the residential or commercial real 507
property. 508
(3) Any person who in good faith or intention recommends or 509
endorses an arborist without compensation, remuneration, rebate, 510
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ST: "Arborist Registration Law of 2026"; create
to require individuals to engage in the
profession of arboriculture to be registered and
licensed.
or any other form of consideration shall not be liable for the 511
actions of that arborist, including errors, omissions, failure to 512
perform any contracted duties of an arboricultural work detail or 513
project, or failure to meet the standards of practice or code of 514
ethics. 515
SECTION 17. In addition to the penalties provided under 516
Sections 14 and 15 of this act, any person, found by the board to 517
be in violation of this act or any rule or regulation of the 518
board, shall be subject to an administrative fine of not more than 519
One Thousand Dollars ($1,000.00) for each violation. The person 520
shall be given at least ten (10) days' written notice and an 521
opportunity for a hearing before the board. If the administrative 522
fine is not paid within ninety (90) days after the date of the 523
board's order, the order shall become a judgment and may be filed 524
and executed. Any person aggrieved of the board's order may 525
appeal the order to the Circuit Court of Hinds County within 526
thirty (30) days after the date of the order of the board is 527
issued. Appeal shall be on the record made before the board. 528
SECTION 18. This act shall take effect and be in force from 529
and after July 1, 2026. 530