MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Forestry
By: Representative Janus
AN ACT TO AMEND SECTION 69-19-5, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF TREE SURGERY WORK UNDER THE PROFESSIONAL SERVICES LICENSING REQUIREMENT TO INCLUDE ANY PERSON RECEIVING COMPENSATION FOR PERFORMING CERTAIN WORK OR CONSULTATION RELATIVE TO THE CARE OF ORNAMENTAL TREES AND SHRUBS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 69-19-5, Mississippi Code of 1972, is amended as follows:
69-19-5. Professional services are defined as follows:
(a) Entomological work. Receiving fees for advice or prescriptions for the control or eradication of any insect pest or rodent. Receiving fees for actual spraying, dusting, fumigating or any other methods used for the control or eradication of any insect pest or rodent. When the majority of the income of an operation, business or individual comes from the actual operation of a farm and the sale of crops therefrom and, as a service to other farmers, these services are performed, such services shall not be included in this definition.
(b) Plant pathological work. Receiving fees for advice or prescriptions for the control or eradication of any plant disease. Receiving fees for actual spraying or any other methods used for the control or eradication of any plant disease. When the majority of the income of an operation, business or individual comes from the actual operation of a farm and the sale of crops therefrom and, as a service to other farmers, these services are performed, such services shall not be included in this definition.
(c) Horticultural and floricultural work. Receiving fees for landscaping and setting of plants or for the sale of any plants for which the seller contracts to render future services.
(d) Tree surgery work. Advertising in a local phone book, newspaper, newsletter, bulletin or other prominently displayed sign as a licensed or bonded tree surgeon and any person receiving compensation for any work or consultation relative to the care, pruning, cabling, bracing, topping, trimming, fertilizing, cavity work and removal of ornamental trees and shrubs in any manner. Nothing shall prevent any person from performing such services as long as their advertising does not include the description licensed or bonded.
(e) Weed control work. Receiving fees for advice or prescriptions for the control or eradication of any weed. Receiving fees for actual spraying or other methods used for the control or eradication of any plant which grows where not wanted. When the majority of the income of an operation, business or individual comes from the actual operation of a farm and the sale of crops therefrom and, as a service to other farmers, these services are performed, such services shall not be included in this definition.
(f) Soil classifying work. Receiving compensation for plotting the boundaries of soil and describing and evaluating the kinds of soil as to their behavior and response to management under various uses.
SECTION 2. This act shall take effect and be in force from and after July 1, 2005.