ALC-Occupational Licensing Review Subcommittee
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- October 2, 2026
Representative Stephen Meeks
Unverified
2:05
right. Colleagues everyone wants to settle in we'll go ahead and get started for the occupational licensing subcommittee. I'll go ahead and call the subcommittee to order we're gonna jump right on then to this our first report is going to be from the Arkansas department of Education and so looks like we're supposed to have doctor Sutherland and Doctor Benton if y'all would take the hot seats for us and introduce yourselves
and this will be item C1 in your packet colleagues. Then when y'all get settled in if you would just please introduce yourself to the committee and then you can proceed with any opening comments Doctor Matthew Sutherland, director
Speaker 6
2:56
of educator preparation and licensure. Courtney Salisfod, chief of staff department of Education. grab your
Speaker 8
3:00
there you go Doctor Brandy Bentons assistant commissioner, educator
Speaker 9
3:08
effectiveness and licensure right good afternoon thank you
Representative Stephen Meeks
Unverified
3:10
for being here. any opening comments before we get into the report? So I just want to say
Speaker 6
3:19
that you know we've tried to make obtaining a teaching license much more flexible and provide a lot more ease in that process as far as renewal is concerned we've tried to make the pd hours more streamlined. there's only about 8 hours that now have to occur. and then also thinking about just our
our process for actually going through and approving the license it is it's supposed to be a sixweek process but in in actuality most of them happen within the span of a week. right how
Representative Stephen Meeks
Unverified
3:52
is do y'all have a separate fund balance to to handle this and how is how is that handled with the licensing fees so the funding comes from
Speaker 6
4:02
the licensing fees so that's that goes to our PLSB account and that funding is used for both salaries and for ailes which is
our our Arkansas educator licensing systems so the funding comes from the licensing fees so that's that goes to our
Representative Stephen Meeks
Unverified
4:16
PLSB account and that funding is used for both salaries and for ailes which is our our Arkansas educator licensing system and looks like760,000 dollars was collected and you spent about700,000 of it so it seems to be fairly balanced what how how are we doing as far as getting teacher's license as far as do we still have shortages where do we see those shortages kind of tell us that what the state of the field is these days. Yeah we're still well actually we have our new teacher licensure
Speaker 6
4:41
plan which was developed recently and so we've been working with teachers on a daily basis trying to get them on those licensure plans and get them to licensure those plans last three years but that's at the discretion of the district and so the district actually gets to decide do they want to continue to apply for those plans at the end of three years they have to be to a provisional license right all right all right colleagues any questions on this OK Saying none prettyty painless this morning
Representative Stephen Meeks
Unverified
5:07
or heard this afternoon thank you all for being here without objection
we'll consider thisport reviewed and we'll go on to C2 thank you arkansas department of Labor Licensing HVAC and once again once you all get settled in there if
you would introduce yourselves for the committee
Speaker 25
5:44
this is going to be exhibit C2 colleagues Lacey Kirchner counsel
Speaker 26
5:52
for the department of laborbor and licensing. Lindsey Moore, director
Representative Stephen Meeks
Unverified
5:56
of code enforcement department of laborbor and licensing right thank y'all for being
Speaker 28
6:02
here any opening comments for the committee? we just want to point out that with the passing ofct746 of2025 that the department took an initiative to reduce licensing and we eliminated the class C license for HVAC and we
expanded the scope of work thatlass A andlass B license holders can
Representative Stephen Meeks
Unverified
6:23
do. and it looks like the you had $900,000 in revenues operating expenses of769,000 dollars. how are we doing as far as fund balance in that licensing we're holding steady at this point we've just
Speaker 28
6:37
went to a digital licensing platform that we're hopeful that can give us some additional savings from
postage specialty paper in the labor of putting it out. and then
Representative Stephen Meeks
Unverified
6:50
how overall how are we doing with this field and the the the state so
we have a good supply ofhBAC technicians are the areas of shortages or areas where we need to promote the field just we're working on promoting there's
Speaker 28
7:06
always a need it's a growing industry the the trade is growing the trade is changing with modern technology so there's there's an ongoing need for the technicians sounds good
Representative Stephen Meeks
Unverified
7:18
OK colleagues any questions on this one? all right seeing none without
objection we'll consider this reviewed And one last one the state plant board And
again gentlemen want you to get seated if you would
please introduce yourself to the committee and then you can
proceed with any opening comments corey Seates department
Speaker 40
7:52
of agriculture, director of the state plant board
Speaker 42
7:59
Markowarkansas department of agriculture today Department of agriculture presents for review for occupational licenses and they're related to nurseries nursery men in limited nursery men who are the individuals that grow and sell nursery stock nursery dealers who buy nursery stock for resale and landscape contractors which install nursery stock as an
occupation licenses are governed by Arkansas code section 221101 at sec also known as the Arkansas nursery Fraud Act and the part50 of two code of Arkansas rules subparts3 and4. I I do want to point out in review for today I did notice two things that need to be mentioned for correction on page two for the number of individuals
regulated in nursery dealers level 1 through3 the number that was put in in error was actually the total number of licenses that number should be448. and in addition the amount that is received with regards to these fees was left off and that is on average about $140,000
Speaker 45
9:08
a year what's your current fund balance for regulating this we we do not
Speaker 45
9:26
to include inspectors and just the operating costs OK? and how how's the industry doing overall as
Representative Stephen Meeks
Unverified
9:33
far as kind of the same question I asked the the last group what's the I think that overall it's
Speaker 42
9:45
it's pretty good with the increasing numbers that you see
and it's not a large number but you do see more and more ability to buy plants and shrubs at your local big box store. but the numbers that we're licensing seems to hold fairly steady. OK
Speaker 40
10:03
all right. Hey colleagues any questions this morning on
Representative Stephen Meeks
Unverified
10:08
this one? we're all lighting up. looks like y'all won the jackpot this morning so uhs representative uhRay,
you are going to be first Thank you Mr Chairman. I'm over here gentlemen so
Representative David Ray
Unverified
10:22
when is the can you just give me a quick summary of what what is the difference bit I'm
looking at this for the first time the difference between a nursery dealer and a nursery man nursery dealers
Speaker 42
10:38
as a general rule are selling for retail items that they did not grow themselves. The nursery men are the ones that actually grow the the plants the shrubs that sort of thing
Representative David Ray
Unverified
10:53
OK. and so are these are these voluntary are these voluntary licenses are they like certifications or do you have to have it as a precondition to sell these plants it's required by the statute so and I I guess this is probably not your area but I'm just I'm just curious what is the what is the what's the policy justification for requiring a license to sell shrubs and plants
Speaker 57
11:16
it and Mr. Stowe may be able to answer better than I can
Speaker 42
11:24
but it is I guess to give a broad statement along with the licensing comes inspections of the facilities that grow and sell these plants and so those inspections ensure that the consumers are getting viable plants that are free from disease and pests and that sort of thing does he is there a board or agency that goes
Representative David Ray
Unverified
11:47
out and inspects nurseries they are inspectors from the department of agriculture.
so they go out and inspect the nurs nurseries that's what you're saying ok you've made a reference to like big box stores you know like you'd go to Lowe's or Home Depot or something and buy a a shrub to plant in your garden are they required to have a license to sell those? they'd be a nursery dealer they're a nursery dealer. OK. all right. thank you. Oh last question sorry do do you have any idea how many other states
require a license to sell plants I believe they all do they all do ok all right well thank you for answering those questions sir uhpresentative gonzalez
Representative Stephen Meeks
Unverified
12:40
you're next. chair I thank RepresentativeRay covered the majority
Speaker 61
12:44
of it. you know, I was looking on the back page question number one, would consumers be at risk of substantial harm if Arkansas did not have this occupational authorization and your answer
was no so I I too kind of wonder why does this exist I think the correct the
Speaker 42
13:05
more precise answer would be that that would not allow for the inspections that I was speaking of a few moments ago and we we could have more artfully answered that question I'll admit and there's there's no
Speaker 61
13:17
fees or anything involved with this license they don't have to pay a fee yes there
Speaker 42
13:23
are fees the fees are both a license fee and then an
inspection fee and that fee increases depending on the size of for example nursery that you have or the size of siding area that you have as a
Speaker 45
13:37
as a grower as a nursery. So did y all just completely ignore this questionnaire other than
Speaker 61
13:44
the the first question because number5 says how much does the occupational entity collect annually in fees or what are the annual expenses and it says not applicable it was missed yes sir well it looks like every one of them are missed so thank
Representative Stephen Meeks
Unverified
14:03
Is is that something that you have on hand that you can tell us what those numbers are or if not can you email those to staff so we can get those out to the committee
Speaker 42
14:12
and actually I did try to go back and update when I realized the error and it was
Speaker 45
14:15
already locked so but I will make sure that happens yes sir
Representative Stephen Meeks
Unverified
14:47
OK committee I'm gonna I'm actually gonna throw this question out to you we're going to continue with our with our discussion but since they y'all have mentioned that there are some corrections that need to be made to this report. there's two ways we can proceed. One is we can go ahead and take the report as is or we can have you go ahead and submit those corrections so that we've got the correct information and then maybe have you come back on Thursday when we meet and rereview it at that time just to get those corrections
in in place, OK? but we're gonna go ahead and continue with the questions Representative beck you are going to be
Representative Rick Beck
Unverified
15:28
next sir. thank you Mr Chair. I'm just gonna look look at like the nursery men levels 1 through4 and the differences I guessal I guess that's is that the fee or sir ok so my question would be is is the differences related to different things that the
they're entitled to do or is it just purely the the size of the nursery it's for
Speaker 71
15:57
the nurserman it's a size like level one would be contain grower stock in less than3 acres and then field stock less than 10 acres were level two would increase in size of that each level so it gives the inspectors more to inspect. So and I might have need some clarity on
Representative Rick Beck
Unverified
16:13
something you said earlier I I might just caught it wrong but the so it
it's the fees that I would pay and then you you said that there was also an inspection fee or you they they paid something the inspection fee is included in
Speaker 45
16:29
that number that's listed so if I have a larger one then that
Representative Rick Beck
Unverified
16:32
I guess I'm I'm kind of round about trying to get to the looks like the fees go quite a bit higher but part of that would be the additional costs related to inspection fees. Yes sir so and I'm just gonna throw this out there because we don't have the numbers but
the the answer to Representative meeks or Chairman meeks question is to how your fund balances were and all that he said well we we use that for just then you you kind of stumble around a little bit there and he said well operating expenses so what percentage and and I guess this will be ready for us when we get the numbers but what percentage are you running over like is after you
collect all your fees is there actually a a difference of you know 20% of your revenue is still there or whatever and if so it it just you know you say it's kind of sense well you we use it up for operating fees so it would almost mean like you would either be right on the line where you would not have enough money to function correctly which I I would say we need to make sure we get you plenty of money to function cracks or the other side would say well we're kind of spending what we get and and that would indicate we're just maybe not
making the best use of taxpayer dollars or or not maybe not tax dollars but they're the fees that the people are paying so hopefully that'll be cleared up when you give us some numbers as to how you know what what serve for lack of a better term what surplus you have and and exactly how that's being expended that
makes sense all right thank you thank you Mr Chair uhpresentative Perrier you're you're next. Yes sir. so
Representative Chad Puryear
Unverified
18:26
not need a license or I did I hear you say level one is just anything under
Speaker 83
18:33
three acres if you're selling trees or shrubs woody plants you would need a license for that and
Representative Chad Puryear
Unverified
18:39
there's not like a like let's say you sell 25 trees you still have to have a lot even if it's a very small scale operation you know because3 acres is quite an operation really so all right thank you senatorullivan you're next.
Senator Dan Sullivan
Unverified
18:58
thank you oh here guys so this kind of new to me so we're licensing these folks and I think I may have heard you say it how big a dealer do you have to be before you have a license or required to have a license in other words can people go to a yard sale or or you know some roadside stand and buy shrubs do they need a license? yes if you're yeah that'd probably be a you pull
Speaker 58
19:22
the mic a little closer to you please sorry depending on
Speaker 71
19:28
where they got the plants at it they grew them themselves they need a limited nursery if it's a woody plant like a shrub or a tree and limited nursery men would just be selling to the public they can't sell to a dealer or another grower so then a nurseryman can sell to another grower or dealer but it's plants they grow so I'm I guess I'm if people want to sell this at a yard sale
Senator Dan Sullivan
Unverified
19:58
or other kinds of things that makes a difference where they get their product it does and if it's not
Speaker 93
20:04
a woody plant they can sell them without a license Say that
Speaker 71
20:10
again now if it's not a woody plant like a tree or shrub you know they they can sell them without a license
Senator Dan Sullivan
Unverified
20:17
OK and I saw this law was written in 2019 and we have't updated it much since then and I I'm just wondering and I'll talk to you offline I'm just wondering how we go from
2019 till you know 100 years and we haven't updated it and how it compares to what other states are requiring but I don't not for now I'll talk to you later about that thank you Mr chairir. uhpresentative Richmond
Representative Stephen Meeks
Unverified
20:44
you're next. thank you Mr chairir. I know
Representative Marcus E. Richmond
Unverified
20:48
that you can you probably seen online where there's trees and things that are sold. I mean you can even find it on Facebook and and I'm not sure where that those trees and things will come from usually some type of fruit
tree is there any effort to regulate those guys as well because I would think that would if we're concerned about some kind of risk and I would think that this would be part of the deal that we're we're concerned about some kind of disease coming in here which is one of the reasons why you would be licensed that there would be some kind of effort to you know to monitor those kind of sales as well is there any? we'd try if we see the ad I mean
Speaker 71
21:35
because that goes way beyond plants that goes with everything trying to regulate you know internet but yes we we do try if we see that to contact that person find out what they're selling and let them know you need to have a license or you don't need a license follow up Mr chair fire away do you have any any numbers or anything how many people
Representative Marcus E. Richmond
Unverified
21:59
you've contacted and and reached out to and said you know you're selling in the state of Arkansas
you need to have some type of license here
Speaker 99
22:08
do you have any any any figures that would indicate
Speaker 93
22:13
that? No I do not have any figures we have contacted though some of the online
Speaker 71
22:18
like Amazon and eBay you know places that do sell and put are prohibited plant list out there so they're supposedly blocking those plants to be
Speaker 101
22:27
sold in Arkansas OK thank you thank you Mr Cha. Heypresentative Perrier you're back up
Representative Chad Puryear
Unverified
22:37
think that Marcus ris so you know I was I was gonna simplify that because I was having trouble following him so I can I can't grow 10 apple trees on my farm and sell those 10 apple trees but I can get online and order them out of the northern state and and that's ok without a license. So I'd have to have a license to sell 10 apple trees on my farm but an out of state company could deliver those same 10 apple trees without a license is that correct? hopefully they're license if they're selling but we don't know if they're licensed leave that up to the state that they're located in all right
Speaker 71
23:08
thank you and if you are purchasing, I would make sure that they are licensed just to make sure it's a good product. follow up. Has
Representative Chad Puryear
Unverified
23:16
there been an instance where we have imposed these regulations on somebody just trying to make some extra money you know what I'm saying like is has hase you know we say we regulate this is there an instance where this has you know shut down a very small operation that was working with a license? do we have any track record of
Speaker 101
23:38
that No, usually if we find one we give them the opportunity to get a license and bring them into the program thank you so
Speaker 108
23:46
I think kind of the rabbit hole some of my
Representative Stephen Meeks
Unverified
23:51
colleagues have been going down. So if I've got a shrub in my front yard, right and I don't want it there anymore and I dig it up and my neighbor sees me digging it up and says hey, I'd like to put that shrub in my front yard and they want to give me 20 bucks for it. that would actually be illegal unless I got
a license. not that I expect y'all to to to you know, jump in on that situation but technically that would that would be illegal in Arkansas is that correct? yes sir ok well I won't be back but maybe this might be something our my colleagues could look into for next session. uhpresentative Beck have you backup sir. so you you you bring up another question that's the
Representative Rick Beck
Unverified
24:34
going back to the tin apple trees coming in from out of state versus someone
here so when you contact someone out of state and they say let's say Oklahoma so the alcohoma molest side doesn't have nursery laws do they tell you that you know they are in compliance with their state's nursery laws and so therefore they don't have to pay attention to you well no what
Speaker 93
25:04
they would do they would need a state fido to ship
Speaker 101
25:11
plants into our state so if you buy them they would be accompanied by a state fighter certificate and that would be issued by Oklahoma department of agriculture and they would have to do the inspection on those products and we would receive a copy of the state photo. so so I guess
Representative Rick Beck
Unverified
25:30
thenat says that it would be the the the state that
the person was growing the apple trees from
and whatever they say is ok is what's ok for shipping in Arkansas correct yeah if it makes that state fa
Speaker 58
25:48
we accept that but the other state not Arkansas
Speaker 101
25:54
yeah if if they're selling from that state shipping into Arkansas it's a pretty general form that all states accept and we we'd give them a list if there's any requirements for a product they would have to meet those on that state fido. all right thank you very much OK colleagues any other
Representative Stephen Meeks
Unverified
26:12
questions OK OK saying that so gentlemen if if we hold this over till Thursday is that something you can work up those actual numbers get it to staff by then and we can finalize a report on that day? Is that something y'all could make happen in the next couple of days
for us absolutely right so well without that we're good ok so without objection colleagues what I'd like to do is we'll hold
this over till Thursday's meeting until we get those actual numbers we'll get them plugged into the report and then that way what we're going to file will be the actual actual numbers from your staff. so with that gentlemen thank you for thank you for being here this afternoon and answering all of our our questions colleagues are meeting on Thursday we'll be in here at 1 : 30 p.m. and seeing no other business we are adjourned
Agenda
A. Call to Order
B. Comments by the Co-Chairs
C. Review of Reports from Occupational Authorization Entities:
D. Other Business
E. Adjournment
Documents
Speakers
Representative Stephen Meeks
Unverified
Speaker 6
Speaker 8
Speaker 9
Speaker 25
Speaker 26
Speaker 28
Speaker 40
Speaker 42
Speaker 45
Speaker 5
Representative David Ray
Unverified
Speaker 57
Speaker 61
Representative Rick Beck
Unverified
Speaker 71
Speaker 77
Representative Chad Puryear
Unverified
Speaker 83
Senator Dan Sullivan
Unverified
Speaker 58
Speaker 93
Representative Marcus E. Richmond
Unverified
Speaker 99
Speaker 101
Speaker 108