Agriculture, Forestry & Economic Development - Senate

If you would please introduce yourself for the record and the we have an amendment on this bill before we present the bill or thank you Mr chairman. measurement amendment legislation a teacher so I apologize Senator Dave Wallace district twenty two you're recognized. this amendment is just a simple wording change we we left out the word actively engage in three of the items so it's it's the same as the rest of the now. Okay and and the question on Amendment. For example just language clarification. Your second motion seconded Dr all favor say aye. Did just what you're recognized introduce your bill as amended thank you Mr chairman. This is simple bill. There's a lot members. It's written to give the governor is not just our government now but governor's going forth more leeway in the planning and appointing board members it affects nine positions and does not listed on that Miller from you so I'm not gonna read those off. What this bill does. This it did give the power. To the governor's very similar to what. They now have with. Producers are ruled club farmers if an individual. this farming leaves a Plant Board the government has the option of ten fifteen twenty different forces you can pick for. However in these positions with these associations. They nominate the person. And they turn to the governor and say this is a person you don't select. If he doesn't want that person sometimes the offer second person. Who in the past abuse of ten to be very much the same so there's not a lot of choice for the governors here. It's hard and and here's the problem that we have. I think probably all of the I know I have over the time I've been in the Senate and the house I get calls from my constituents. Complain about Plant Board decisions. It may be Mrs Murphy. Who lives on the Backstreet of of Leachville that is on a windows pension and she's unhappy because of supplies the plant board she thinks they may have done. It may be a farmer and maybe someone else. But as a legislator. I don't have the ability and you don't have the ability to influence this. Nor does the governor have the ability to influence and not with these not positions this is a small step toward. Giving elected officials. The ability to influence the planet Board. Rather than solely depending on associations. Most associations are really good but they're not elected by the people. That's a key thing I want to leave with you I know there's a lot of folks to talk about this Fortin more than a few against. We came down here as elected officials to represent. The people of Arkansas. And regardless of how good the intent is of an organization. They don't have the duty to represent the people of Arkansas. They probably have a financial duty to represent their shareholders or to represent the members of the association but they don't have. The responsibility of representing Mr Murphy. Who lives on the backstreets of some town. That's our job that's the governor's job in the governor's going forth job and that's why I'm running this bill. M.. With that Mr sure I'm I'm ready for any witnesses I want to speak. Questions from the committee. Search. Thank Mr Sir will someone ask you know I said I was hearing about the bill on ring through the bill and everything else because I have an education background so in my head there's not one association that represents all teachers we have a we have state teachers association we have all the so is that kind of the same in this case that you found to be true that you know Arkansas forestry association may not have representation of Forster's all across Arkansas or there might be another association the same thing these that are listed are they the sole ones that members of the public can you know join and have a voice or is there others that are in the same business or would you care or do you know. Incident. Senator Sturch are Not sure if I can make a comparison between what we've done in education what we've done and and our Plant Board it just seems to me that there's. More power to lead in the plant board that it would have been in the the teachers association and the teacher associations tend to talk directly with legislators we've all heard from the teachers association from time to time and other and I just ask you one last time you had. Communication with the plant board. For sample. Thank. Senator Sturch I make my living for forty years being under the direct authority of the plant will. If there is about. I believe that sixteen members to the point board. And most of them are are Representative of a particular industry. Each one of a muscle has a different skill set on different serve knowledge. I've been before that board on numerous occasions you can just imagine and four year period. And. Why it's made up there is. People with specialized knowledge of all the songs. And it's a regulatory actions and in the that's that's a real problem when you when you start loading up alleged regulatory agency that so that it's supposed to be fair to everyone. With political appointees. Then it becomes a real problem because. However that appointee is. Ninety first seek out people with like minded and you lose the expertise and the knowledge that some that board and so it's cool it's worked well the board of the plant board I think was created to somewhere around nineteen thirteen or something like that it's been here for a long time it's worked very well the way it's been set up. C. change because of the fact that these work so well I mean I know that that sometimes we need to change things but this is one that's been very fair to everyone at least in my forty years of the. And so but the tangible question there are there I think is about sixteen different trade since involved in the play. Thank district thank you Sir Senate bill. Good any other questions. Thank you Sir will also reshape the feud to we've we have people who have signed up to speak for and against the. Charles Williams would you come to the. I will please. Introduce yourself for the record and you're recognized. Thank you Mr chairman my name is Charles Williams. A farm with my family in Crittenden county and I'm speaking today in support of SB eighty which is a great start and much needed reform at the Arkansas state plant board. I think you're all aware at least on some level. The drama surrounding the board these past several years. And it would be all too easy to point to this or that and say that a single issue is the heart of all the heartburn and indigestion. I'd like to suggest however that this is actually the test that is late reality bear. These past several years have thrown into sharp relief the lack of judgment that characterizes the plant board. And the standing absence of wisdom and prudence from the council's. The plant board consists of sixteen voting members the majority of which are pointed directly and absolutely by private industry organizations. Some of which are incidentally antiquated. Relevant. Disparate. And almost nonexistent. With no review or oversight by the elected representatives of the citizens of Arkansas. The recommendations or nominations they're not appointed or approved by the governor. The legislature has no influence over the appointment of plant board members and therefore accountable to the electorate. So if there's a controlling issue at the heart of this drama. Is the fact that we have private industry organizations whose appointments do not necessarily have any expertise practical or otherwise by the way. Accountable and accountable to the electorate making decisions in promulgating rules that impact the lives and livelihoods of Parkinson's. Consider one function of the plant board. The regulation of pesticides. Now is there a member of the plant board is there even a weed scientist Arkansas they can legitimately claim. Anyone expertise in performing cost benefit analyses or actuarial science I dare say not. Without the requisite expertise our Kansans are given over to Williams. Passion and prejudice becomes the Guiding Light. I'd like to point out is something of an aside the plant board model is an antiquated outline approached act regulatory policy. Every other state in the union has jettisoned approach. No other state has a plane Board to promulgate rules. I'm not saying we should be circumspect and consider that were on an island but short of wholesale reform SB eighty is again a great start a much needed reform. I'm aware and assume your as well of legislation currently in hand and House say H. B. twelve ten which offers what on the face appears to be very similar reform of the plant board. Is it something of a rival bill to S. B. eighty are I want to point out the difference so let me briefly backed up to offer some context. this is a controversial issue. And I would not disabuse you of any notion to the contrary. There is before the Arkansas Supreme Court case. In which the plaintiff farm farmers allege and offer compelling arguments that the plant board is an unlawful unconstitutional delegation. The plaintiff former suit Mayberry will prevail. At this point you may sell relief. You may think may would just let it play out in court. But I want you to know what a tremendous go rodeo. We'll have been unleashed not only upon yourself. But for every branch of government. On every interested party if you decline the invitation to proactively enact orderly substantive reform they will now resolve the issues that are raised by the legal challenge. I personally heard the attorney general's office allude to a a legislative fix to resolve a constitutional questions that are hanging in the balance. What's more upon information and belief that turned General's office does not believe that H. B. twelve ten resolves the serious constitutional questions arising in the suit. H. P. twelve ten does not address the fundamental realities between yes to this phone is BT would you please for the on this bill please yes then we're going off track yes right to point one of the things you made a statement on this bill is not accurate we need to the legislature has no input on this at all we approve every. I wanted to go over has been although you say that the governor has does not appointees it does come to his office he does a point on it does come to the rules committee of the Senate and Senate bills vote on that person and we can reject that person so that that is totally inaccurate of what use is it when you should legislators no input on the members appointed board I'm sorry Mr chairman I was under the impression that they're correct appointments and that there is no confirmation process so speak to this bill yes Sir not not to court challenges everything is go go back to this bill the thank you yes Mister chairman thank you Sir the the people of this great state designer public officials whether governors senators plan for members or whomever there are countable to the people. It's the people. Private industry not farm bureau or any act Robbie who rule this state by offering their consent of the governed by those who give an account. Thank you Sir. Thank you. next on Lucious Franklin Fogleman thank you Sir would you come to the table please. We spoke with you would please introduce yourself for the record and then you're recognized yes Sir thank you Mister chairman the gentleman that I miss Franklin Fogleman I'm a row crop farmer from Merion Arkansas and I come before you today to speak in support of SB thirty I personally have about a three year history of working with the plant board and I have to admit that it's been a bit of a discouraging and seems to me to be a dysfunctional organization My very first experience was that I had been told or a group of friends of mine and I've been told by the term of the plant board that we would be afforded the opportunity to speak at one of their meetings seems like a fairly simple civics lesson to me is mainly my fifth grade teacher probably didn't give me the highest marks in civics but she told me that is the way it's supposed to be people are allowed to speak. but appearing at that meeting we were told some young man sit down they'll be no speaking today. And that just a penalizes what the experience has been ending with the plant board it's not good civics just as you have afforded me the opportunity to come before you today and speak we've had to go to great lengths to have the opportunity to speak in front of Plant Board. To me I have I have come to realize and learning how the plan board members are appointed that I've just come to realize that a to me a private citizen or group shouldn't have such a strong recommendation and how people are appointed to the board. I also am a a Arkansas license Arkansas real estate broker in addition to my responsibilities on the farm and for those of you that on a where the Arkansas real estate commission consist of five people appointed by the governor. Arkansas real estate law is revered throughout the United States it is revered because of its governance and its oversight to the people of Arkansas in fact Harvard Law notes and and and studies real estate law based on what happens in Arkansas. I just don't see that we have that in a way that we choose to promulgate rules in Arkansas going to our Plant Board. Senator sample your right uh this is our organization is a regulatory body is in excess of a hundred year old institution and it may be difficult to want to change but everything in life about change is about change agriculture is at the forefront of change you may be surprised as an educator how much change or is in agriculture but I will tell you that in my twenty three year career nothing that we do is done the way that it was done twenty three years ago some matter fact nothing is done the way that it was done ten years ago and so I have to ask myself why do we continue to regulate this large industry in the state of Arkansas the same way that we did years ago. I would ask for your special consideration in support of SB eighty be happy to entertain any questions that you have. I have a question for. Thank you thank you very much. neutralization mac retro. Read you would come the in the table. If you would please reenter the commercial for the record you're recognized. Thank you Mr chairman and members of the committee my name is Max Braswell and the executive vice president of the Arkansas forestry association I appreciate you giving me the opportunity to write relation comments to you this morning the Arkansas forestry association has been around since nineteen forty seven we've been represented on the State Plant Board for a a number of years and to somewhat perhaps respond to Senator Sturch ASA is proud to be the only nonprofit trade association in the state that represents the entire forestry sector in the state of Arkansas that doesn't mean every person is a member of a a faith that we are the only organization that has pretty much every member of the sector a part of our organization that means force products manufactures private non industrial landowners loggers forestry consultants and related natural resource professionals eight that are members of the Arkansas forestry association we commend Senator Wallace for taking on this difficult issue I've spoken to him they relate our concerns and we understand that this is an issue that is controversy but we also I feel like that there are a number of folks who want to see a solution come out of the legislative session there are many folks are talking about it we think that there is a pathway to find a win win solution however at this point Hey if they doesn't feel like S. B. eighty is the solution to the to the issue we understand the context and the background that has made it necessary to bring the issue to you this morning I will say that our experience as a member of the State Plant Board or having a Representative has been focused on making sure that we are providing professional experience to the plant board to represent the best interests of the forestry sector but also the greater acceptor and we're pleased to be a part of that agriculture sector in the state we do not bring a political agenda to that of the act board we're there to make sure that we're representing the interests of forestry and the the agriculture community. And and so with that being said the fact is that is that the Arkansas forestry association is specifically listed in the bill and as such we have some concerns that it as written it doesn't seem to provide a pathway for the Arkansas forestry association to have a voice in that selection process either through a recommendation the renomination and we are involved in an a number of boards and commission processes where we have the opportunity to to provide I nomination our recommendation this one specifically says that that person will represent the Arkansas forestry association and so while I appreciate the Senator Wallace your amendment and noting that there were three positions that were defined a little differently previously there wasn't even someone who would be actively engaged in the business I don't know that that alleviates our concerns that still leaves the aid it's a little bit open to interpretation with the sector is very it is ours we're supposed to have an awful lot of trust going forward and as you mentioned not just with the our current governor with with governors in perpetuity that they would have the opportunity to understand the the right person to represent the forestry sector and we feel like that our historical presence and having the best interests at heart gives us the best opportunity to help identify who that person would be and we know from experience if language doesn't say it in the bill then it it probably doesn't exist if someone wants to interpret it differently So that that's really is the crux of my my comments we would like to see a solution to the issue we would like to be a part of that solution and as an organization that was specifically mentioned in the bill as is and as having representation we feel like that a if a is the best voice for forestry and to be able to be a part of that process and would like to see that pathway created a either in this bill or in any other bills that might come before the legislature this session I appreciate your giving me the opportunity to make these comments okay thank you much from a question which road will. Thank you very much thank you Christian. What. Thank you Mr chairman of the. You might. Thank you Mr chairman your permission like to hand out staff. Let me see what we got a. Okay. You're recognized leadership for the record. Thank you Mr chairman quick action appear yellow six generation farmer from water county or center called local rules district twenty three all that they could record rice or beans we. Former. Applicator and elaborate Care business owner. Missy Grover C. dealing and retail business owner of the livestock and has been a little Ford already this year this set applicator for back problems solvent substantial user plant food fuel and all my great grandfather J. delivers what was one of the original four point four members representing the condors impartially nineteen twenty. What to term water county farm bureau president member of a council and also played piano. No quicker appeal of a quick overview that most of you likely know by now. No other state agency they were telling Arkansas plant board not one anywhere time to change's borders created over a hundred years ago it's time Arkansas Arkansas changes will. And support center one of the bill but we know it's noted that I don't think it goes far enough I believe the Arkansas state plant board should be transitioned into an advisory only entity. But the people have the P. H. D.'s an experience as well as no personal or professional bass or conflicts of interest regulate the plane industries. Here's a visual Arkansas plant board table right now. Please take a look. Because what you see a ridiculous the current make a point of order issue K. C. unsee. FOR sale like point you may notice Arkansas for the gore representation or lack thereof. So it is two point sixty three point one acres of soybeans. Per year or about two billion dollars in revenue nationally Arkansas is eight and so will be production. Also not included is Arkansas free grains including corn wheat grains or. They're also let me see the table even though we currently produce as much or more corn per acre than all the Midwest states resulting in over nine hundred million in income. Back to that end up. Call table two seats the Arkansas border cultures society and Arkansas green industry the seats are redundant at best is a green industry and its online mission statement states they represent horticulture industry of Arkansas the horticulture's that society. Has no website in based on an excerpt from the story about them it's clear they should not have a seat on the plan for I'm quoting from the article here. Due to due to declining membership and financial difficulties in maintaining it services to members Arkansas state horticultural society voted in nineteen ninety eight to discontinue its own annual meetings and murder Oklahoma horticulture groups under the umbrella of the horticulture industry shows the joint meetings brought in or culture base of interest in corporate sessions on sustainable and organic production of all workloads across Arkansas state or culture society still maintained its identity but it's activities minimal in quote. Thanks all state won't it seems ludicrous this is study had a seat on a plane Board the green industry formally the Arkansas under nourishment describe itself as professional trade organization dedicated to serving the green industry in the state of Arkansas and to advancement of horticulture. The horticulture society. State should be immediately removed from any future Arkansas state plant board composition and maybe a seat that represents one large commodities in the state. I realize a plane Board has been around over a hundred years. Which is why so much seizure antiquated and no longer relevant in the regulatory capacity once for. For example as I stated earlier my great grandfather was an original plan for member back on a monitor that monitor the spread of gypsy malls. I'm not even sure Egyptian all this but I guess in the monitoring back in nineteen twenty. Senate. Let me know the to the plant board seats currently have their own division within department of ag. One is with Mr Revill Speaking for the forestry and they have a hole Division so is it right that the separate division record if you come over and further regulate my industry. Does that make sense I'm not. All that said let me show you example the lack of fairness and transparency involved with one see the Arkansas state plant board here's my personal example the broken system. Substantial amount of seed each year. I decided to join the Arkansas C. gross ocean ocean so I can have a voice when that seat on the Arkansas state plant board speaking for me and my peers. I sent my application and my membership fee and months ago last check is still in case the annual meeting was canceled to approve membership which is interesting considering every other every other entity I know has been able to hold virtual meetings. Which brings me to another point the Arkansas state growers association has no website do they even exist I've been able to unable unable to attend membership list or copy the bylaws. For all intents and purposes this association is a blast unknown goes goes the seat on Plant Board see that is currently the chairman C.. And me along with others can even see in become a member. This is same right that a bus in excess will association like this gets to regulate how operate. The person who is shown us almost to the point of personal vendetta used to have an unchallenged opportunity to represent my industry. No it's not right it's just one example is town put a stop to this. Are you closing the regulatory agency for a free boxes the account for its actions. It's about aligning with respect countries objectively incentive for doing it right for Arkansas. Let's look at what other states are doing and finally catch up to the pack instead of a long standing alone lost and at the back. Arkansas seven no challenge is having a good Ole boy club regulatory entity having a good Ole boy regulatory entity should be one of them. And Sir call it with all due respect correct in the polling process the nun industry seats are direct employment to the point board. Thank you we have an answering questions. One mistake you made in or I want to point out your term that feed grain industry not being written about Plant Board it is a choice of the feed grain industry they do not want to be represented by the plant board. Active the poultry federation and other associations that to have withdrawn from that that should be matter came up the station or two ago with poultry federation where the to the I want to regulate your Senator will be regular but Plant Board. Yes Senate correction up thank you ma'am appoint but also forage and livestock so that's almost. Any questions repealed centrum. Yes Sir. You alluded to the fact that about the gypsy moth yes Sir do you realize how much damage to the forestry industry the gypsy of all this and it. Max may have to. To tell you can correct me but I think that we have had a large outbreak within the last ten years of the gypsy moth and the flame board had to monitor the entire state for the movement of the Gyptian Office of gypsy mouse do create a lot of damage when you're in point in the timber industry. Yes Sir I understand I appreciate coming up I guess my point was that. The reason the reason the point bordering foreman nineteen twenty was for that very reason specific specific reason like I say I want back within forty years then go back for that for find out that I do know that the gypsy moss or a real concern when you're in Cambridge street yes Sir I'm I'm sure they did a fine job monitoring them as well. Any other questions. Okay thank you very much well if you're ready to close your bill. Thank you Mr chairman. No this is a tough vote. I know that. Each and everyone of you over the last two weeks have been. Bombarded by both sides. On this. What I have heard over and over whispered but never set out wild not really even said out loud in this meeting today so I want to say that. Is. There are folks in control. The don't trust the governor or the governor's going forth to make the right decision because. There are two political. Then having her to the testimony today and haven't seen actions in the past I ask all of you. Do you really think that these organizations. That we're talking about are not political. Thank about the. So. What I'm hearing is we can't trust. Our elected officials. To do the job watch out for all. The people of Arkansas. But we can we can trust completely. Faceless men. Hiding in the shadows. Making decisions. That. Affect every person in Arkansas. Just not a farmer. Not just a seat producer but over and over the plant board makes decisions that affects every person Arkansas. In the plant board does not answer to any elected official. Ninety thousand people approximately voted each one of us to senators into this position. Some of them were farmers some maybe see growers but all of them have it's in the interest of it this system interest in getting the best government they can get. And they trust us we don't need somebody dependence on the head and say we're going to make these decisions for you because you do understand enough about this program. To make the right decision. We are elected for a reason. Plant Board and there's a lot of good man on a plane Board. That's like good men and women in these organizations. But they are not elected officials. They for the most part have a financial responsibility to their shareholders or to the people's organization but they don't have a responsibility to look out for miss Murphy living on twelve hundred dollars a month. On the backstreets of the show Arkansas. And we do. This photo a hard vote. It is only one small step down a path. They give those elected officials. The Bill to to do what's right for the people of Arkansas in Mister chairman with that I'd appreciate you let me talk and I'm closed correct close. Fort mill. The your motion. I make a motion. Motion to table. The second all in favor say aye. Roll call. Senator sample. Yes. Senator Wallace. No. Senator leading. Senator Sturch. Senator Beckham yes. Senator Gilmore yes. Senator hill. The motion is not pass. Several. Yeah motion. Thank you Mr chairman I have a motion to pass my bill as presented our motion to passengers. That is amended to. Is amended in. Your second. Larry. All in favor say aye hi All opposed the okay the knows that we're Jr.