Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 HOUSE BILL 1843
4
5 By: Representative Haak
6 By: Senator G. Stubblefield
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE LAW CONCERNING AGRICULTURAL
10 PROMOTION BOARDS; TO AMEND THE LAW CONCERNING THE
11 APPOINTMENT AND CONFIRMATION OF MEMBERS OF
12 AGRICULTURAL PROMOTION BOARDS, TO AMEND THE LAW
13 CONCERNING THE ARKANSAS CATFISH PROMOTION BOARD,
14 ARKANSAS SOYBEAN PROMOTION BOARD, ARKANSAS RICE
15 RESEARCH AND PROMOTION BOARD, ARKANSAS WHEAT
16 PROMOTION BOARD, ARKANSAS CORN AND GRAIN SORGHUM
17 PROMOTION BOARD, AND THE ARKANSAS BEEF COUNCIL; TO
18 DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
19
20
21 Subtitle
22 TO AMEND THE LAW CONCERNING AGRICULTURAL
23 PROMOTION BOARDS; TO AMEND THE LAW
24 CONCERNING THE APPOINTMENT AND
25 CONFIRMATION OF MEMBERS OF AGRICULTURAL
26 PROMOTION BOARDS; AND TO DECLARE AN
27 EMERGENCY.
28
29
30 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
31
32 SECTION 1. Arkansas Code § 2-9-103 is amended to read as follows:
33 2-9-103. Arkansas Catfish Promotion Board.
34 (a)(1) The Arkansas Catfish Promotion Board is created.
35 (2) The board shall be composed of seven (7) members actively
36 and principally engaged in the production of catfish and to be appointed by
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1 the Governor and confirmed by the Senate. as follows:
2 (1)(A) The Catfish Farmers of Arkansas, Inc., shall submit to
3 the Governor the names of six (6) persons who are members of the catfish
4 industry. The list of nominees shall include commercial catfish producers,
5 processors, and feed dealers identified as such. The Arkansas Farm Bureau
6 Federation shall submit to the Governor the names of six (6) persons who are
7 commercial catfish producers.
8 (3) All members shall be residents of Arkansas.
9 (B) The Governor shall appoint four (4) members from the
10 list submitted by the Catfish Farmers of Arkansas, Inc., and three (3)
11 members from the list submitted by the Arkansas Farm Bureau Federation to
12 serve on the board.
13 (2) Each year, not less than thirty (30) calendar days before
14 the expiration of the terms of the current members of the board whose terms
15 expire, the organizations named in subdivision (a)(1)(A) of this section
16 shall submit to the Governor the names of two (2) nominees for each position
17 to be filled on the board from the respective organizations, subject to the
18 foregoing qualifications, and the Governor shall appoint the new members from
19 each list of nominees. If no lists are submitted, the appointments shall be
20 at the discretion of the Governor.
21 (3)(A)(4)(A) Each member selected shall serve for a term of two
22 (2) years and until his or her successor is selected as provided in this
23 section.
24 (B) However, the initial members of the board shall be
25 appointed for terms that will result in three (3) members' terms expiring
26 after one (1) year and four (4) members' terms expiring after two (2) years.
27 (4)(5) A midterm vacancy on the board shall be filled by
28 appointment by the Governor from a list submitted within thirty (30) calendar
29 days from the organization making the nomination for the position being
30 vacated in the same manner under this subsection.
31 (5)(6) A member of the board may be removed by a majority vote
32 of the remaining board members for conviction of a felony, for not attending
33 three (3) consecutive meetings, or if the member no longer meets the
34 qualifications for his or her initial appointment.
35 (b)(1) The President of the Catfish Farmers of Arkansas, Inc., shall
36 call an organizational meeting of the board and shall preside until officers
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1 are elected. Members members of the board shall organize immediately after
2 their appointment and shall elect a chair, a vice chair, and a secretary-
3 treasurer from the membership of the board, whose duties shall be those
4 customarily exercised by those officers or specifically designated by the
5 board.
6 (2) The board may appoint an executive director, who shall be
7 the chief operating officer of the board and whose duties shall be designated
8 by the board.
9 (c)(1) The board may provide a salary for the executive director and
10 for other necessary employees from funds derived from the assessments imposed
11 in this chapter.
12 (2) Members of the board shall serve without compensation but
13 may be reimbursed for reasonable expenses.
14 (d) The principal office of the board shall be located in Little Rock,
15 Pulaski County, Arkansas.
16 (e) The resident agents of the board shall be the executive director
17 of the board and the chair of the board, or either of them.
18 (f) The board may establish rules for its own government and for the
19 administration of the affairs of the board.
20
21 SECTION 2. Arkansas Code § 2-20-404 is amended to read as follows:
22 2-20-404. Arkansas Soybean Promotion Board.
23 (a)(1) The Arkansas Soybean Promotion Board is created.
24 (2) The board shall be composed of nine (9) producer members
25 actively and principally engaged in the production of soybeans and to be
26 appointed by the Governor and confirmed by the Senate. as follows:
27 (3) Each member of the board shall be a resident of Arkansas.
28 (1)(A) The Arkansas Farm Bureau Federation, Riceland Foods,
29 Inc., Arkansas Soybean Association, and Agriculture Council of Arkansas shall
30 submit the names of five (5) practical soybean producers to the Governor.
31 (B) The Governor shall appoint three (3) members from the
32 list submitted by the Arkansas Farm Bureau Federation, and two (2) members
33 from the list submitted by each of the other organizations named above to
34 serve on the board.
35 (C) All of the nine (9) producer members of the board
36 shall be practical producers of soybeans in the State of Arkansas and shall
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1 be nominated by their respective organizations;
2 (2) Each year, not less than thirty (30) days before the
3 expiration of the terms of the current board members whose terms expire, the
4 organizations named in subdivision (a)(1)(A) of this section shall submit to
5 the Governor names of two (2) nominees for each position to be filled on the
6 board from the respective organizations, and the Governor shall appoint the
7 new members from each list of nominees; and
8 (3)(4) Each member selected shall serve for a term of two (2)
9 years and until his or her successor is duly selected as provided in this
10 section.
11 (5) A vacancy on the board shall be filled by appointment by the
12 Governor in the same manner as the appointment under this subsection.
13 (b)(1) The members of the board shall meet and organize immediately
14 after their appointment and shall elect a chair, a vice chair, and a
15 secretary-treasurer from the membership of the board, whose duties shall be
16 those customarily exercised by those officers or specifically designated by
17 the board.
18 (2) The principal office of the board shall be located at the
19 office of the Arkansas Farm Bureau Federation, in Little Rock.
20 (c) The board may establish rules for its own government and for the
21 administration of the affairs of the board.
22 (d) The board is designated as the qualified state soybean board to
23 represent the State of Arkansas under the Soybean Promotion, Research and
24 Consumer Information Act of 1990.
25
26 SECTION 3. Arkansas Code § 2-20-505 is amended to read as follows:
27 2-20-505. Arkansas Rice Research and Promotion Board.
28 (a) The Arkansas Rice Research and Promotion Board is created.
29 (b)(1) The board shall be composed of nine (9) producer members
30 actively and principally engaged in the production of rice and to be
31 appointed by the Governor and subject to confirmation by the Senate. as
32 follows:
33 (A) Three (3) members shall represent the Arkansas Farm
34 Bureau Federation;
35 (B) Two (2) members shall represent Riceland Foods, Inc.;
36 (C) One (1) member shall represent the Agricultural
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1 Council of Arkansas;
2 (D) One (1) member shall represent Producers Rice Mill,
3 Inc.;
4 (E) One (1) member shall represent the Arkansas Rice
5 Council; and
6 (F) One (1) member shall represent the independent mills
7 of Arkansas.
8 (2) All of the nine (9) producer members of the board shall be
9 practical producers of rice in the State of Arkansas and shall be nominated
10 by their respective organizations Four (4) members of the board shall be
11 designated representatives of the Arkansas rice merchant and milling industry
12 and shall be actively and principally engaged in the business of procurement
13 and the milling industry.
14 (3) Each year, not less than thirty (30) days before the
15 expiration of the terms of the current board members whose terms expire in
16 that year, the organizations named in subdivision (b)(1) of this section
17 shall submit to the Governor names of two (2) nominees for each position to
18 be filled on the board from the respective organizations, and the Governor
19 shall appoint the new members from each list of nominees Each member of the
20 board shall be a resident of Arkansas.
21 (4) Each member selected shall serve for a term of two (2) years
22 and until his or her successor is duly selected as provided in this section.
23 (5) A vacancy on the board shall be filled by appointment by the
24 Governor in the same manner as the appointment under this subsection.
25 (c)(1) The members of the board shall meet and organize immediately
26 after their appointment and shall elect a chair, a vice chair, and a
27 secretary-treasurer from the membership of the board, whose duties shall be
28 those customarily exercised by those officers or specifically designated by
29 the board.
30 (2) All officers shall serve for a period of one (1) year and
31 until their successors are duly elected.
32 (d) The board may establish rules for its own government and for the
33 administration of affairs of the board.
34 (e) The resident agent of the board shall be the executive vice
35 president, Arkansas Farm Bureau Federation, or his or her designee.
36
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1 SECTION 4. Arkansas Code § 2-20-604 is amended to read as follows:
2 2-20-604. Arkansas Wheat Promotion Board.
3 (a) The Arkansas Wheat Promotion Board is created.
4 (b)(1) The board shall be composed of nine (9) producer members
5 actively and principally engaged in the production of wheat and to be
6 appointed by the Governor and confirmed by the Senate. as follows:
7 (A) Three (3) members shall represent the Arkansas Farm
8 Bureau Federation;
9 (B) Two (2) members shall represent Riceland Foods, Inc.;
10 (C) Two (2) members shall represent the Arkansas
11 Association of Wheat Growers; and
12 (D) Two (2) members shall represent the Agricultural
13 Council of Arkansas.
14 (2) All of the nine (9) members of the board shall be practical
15 producers of wheat in residents of the State of Arkansas and shall be
16 nominated by their respective organizations.
17 (3) Each year, not less than thirty (30) days before the
18 expiration of the terms of the current board members whose terms expire in
19 that year, the organizations named above shall submit to the Governor names
20 of two (2) nominees for each position to be filled on the board from the
21 respective organizations, and the Governor shall appoint the new members from
22 each list of nominees.
23 (4) Each member selected shall serve for a term of two (2) years
24 and until his or her successor is duly selected as provided in this section.
25 (4) A vacancy on the board shall be filled by appointment by the
26 Governor in the same manner as the appointment under this subsection.
27 (c) The members of the board shall meet and organize immediately after
28 their appointment and shall elect a chair, a vice chair, and a secretary-
29 treasurer from the membership of the board, whose duties shall be those
30 customarily exercised by those officers or specifically designated by the
31 board.
32 (d) The board may establish rules for its own government and for the
33 administration of affairs of the board.
34
35 SECTION 5. Arkansas Code § 2-20-610 is repealed.
36 2-20-610. Resident agent.
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1 The resident agent of the Arkansas Wheat Promotion Board shall be the
2 executive vice president of Arkansas Farm Bureau Federation, or his or her
3 designee.
4
5 SECTION 6. Arkansas Code § 2-20-804 is amended to read as follows:
6 2-20-804. Arkansas Corn and Grain Sorghum Promotion Board.
7 (a)(1) The Arkansas Corn and Grain Sorghum Promotion Board is created
8 and domiciled in Little Rock, Arkansas, 10720 Kanis Road, and is.
9 (2) The board shall be composed of seven (7) producer members
10 actively and principally engaged in the production of corn or grain sorghum
11 to be appointed by the Governor as provided in this subsection and confirmed
12 by the Senate.
13 (2)(3) All of the seven (7) producer members of the board shall
14 be practical producers of corn or grain sorghum in residents of the State of
15 Arkansas and shall be nominated by their respective organizations.
16 (3) Within ten (10) days following July 1, 1997, each of the
17 following organizations, namely, the Arkansas Farm Bureau Federation,
18 Riceland Foods, Inc., and the Agricultural Council of Arkansas, shall submit
19 the names of five (5) practical corn or grain sorghum producers to the
20 Governor, and he or she shall appoint three (3) members from the list
21 submitted by the Arkansas Farm Bureau Federation, and two (2) members from
22 the lists submitted by each of the other above-named organizations to serve
23 on the board.
24 (4) The members selected as provided in this section from the
25 Arkansas Farm Bureau Federation, shall draw lots to determine their terms so
26 that two (2) of the members will serve for terms of two (2) years and one (1)
27 shall serve for a term of one (1) year, and the members from each of the
28 other organizations shall draw lots for terms so that one (1) shall serve for
29 a term of one (1) year and one (1) shall serve for a term of two (2) years.
30 Thereafter, each member selected shall serve for a term of two (2) years and
31 until his or her successor is duly selected as provided in this section.
32 (5) Each year thereafter not less than thirty (30) days before
33 the expiration of the terms of the current board members whose terms expire,
34 the organizations named in subdivision (a)(3) of this section shall submit to
35 the Governor names of two (2) nominees named for each position to be filled
36 on the board from the respective organizations, and the Governor shall
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1 appoint from each list of nominees the new member or members.
2 (4) Each member of the board shall serve for