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2001 SESSION

015292776
HOUSE JOINT RESOLUTION NO. 612
Offered January 10, 2001
Prefiled January 10, 2001
Requesting the Board of Professional and Occupational Regulation to study the feasibility of regulating arboricultural practices.
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Patrons-- Hull and Scott
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Referred to Committee on Rules
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WHEREAS, arboriculture is a specialized field involving the cultivation and removal of trees and shrubs especially for ornamental purposes; and

WHEREAS, arborists offer arboricultural techniques and services that are frequently used by the public to both correct potentially hazardous situations and to improve the aesthetic value of private and commercial property, a process that protects the health, safety, and welfare of the citizens of Virginia; and

WHEREAS, these arboriculture techniques include (i) removal of trees, (ii) removal of dead or excess branches from trees and shrubs to maintain right-of–way for roads or sidewalks or to improve the appearance, health, or value of trees, (iii) using pesticides and fertilizers, (iv) cabling or bracing to add support to tree branches and the installation of lightning protection systems, and (v) performing corrective and clean-up services after major storms; and

WHEREAS, in certain instances, the improper provision of arborist services may present a threat of irreparable damage to property and harm to the safety of individuals and the health of the environment; and

WHEREAS, neither the average consumer nor the public can be reasonably expected to recognize incompetent or defective arborist work and any potential harm related thereto; and

WHEREAS, arborist and other landscape service providers offer valuable landscape-related services, which contribute to the visual and environmental quality of the Commonwealth and the convenience and enjoyment of its citizens; and

WHEREAS, currently arborists are not regulated; and

WHEREAS, this level of regulation may not adequately protect the citizens of the Commonwealth from unqualified persons practicing arboriculture; and

WHEREAS, the Board for Professional and Occupational Regulation is authorized by § 54.1-310 of the Code of Virginia to evaluate professions and occupations for consideration of whether such professions and occupations should be licensed, and to make recommendations as the public interest requires to the General Assembly concerning such regulation; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That the Board for Professional and Occupational Regulation be requested to evaluate the need for and recommend the degree of regulation of arborists, if any, and the licensing of arborists in the Commonwealth.

All agencies of the Commonwealth shall provide assistance to the Board for this study, upon request.

The Board shall complete its work in time to submit its findings and recommendations to the Governor and the 2002 Session of the General Assembly as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents.