History of the Composition of the Arkansas State Plant Board

Harrison Pittman, Director
Micah Brown, Staff Attorney

The Arkansas State Plant Board (“Board”) was established by the Arkansas Plant Act of 1917 (“1917 Act”) “to prevent the introduction into and the dissemination within the State of insect pests and diseases injurious to plants and plant products of this State, to create a State Plant Board, and to prescribe its powers and duties.”[1]  Originally, the Board was comprised of no more than five members.  Today, the Board is comprised of eighteen members, two of which are nonvoting members. Seven of those eighteen members are appointed by the Governor, two are non-voting members appointed by the Vice-President for Agriculture for the University of Arkansas, and nine are selected by agricultural groups specified in the statute.  This article traces the evolution of legislative changes to the composition of the Board, with a focus on the number of members who serve on the Board, duration of service, and manner in which the member is placed onto the Board.

1917:  Establishment of Board

The Board was created in 1917 and comprised of four or five members.[2]  The discrepancy over the number of members derives from the language of the Plant Act of 1917. The original Act states that the Board be composed of five members.[3]  However, the same Act specifies only four positions – “the Commissioner of Agriculture; the Entomologist of the State Agricultural Experiment Station; a practical cotton grower. . .; and a practical horticulturist . . . .”[4]

The Board members served different lengths of time, depending on their position. The persons serving as Commissioner of Agriculture and Entomologist of the State Agricultural Experiment Station presumably served so long as those individuals held their respective positions.  The “practical cotton grower” and “practical horticulturist” both served—and continue to do so under current law—on the Board for two years. Initially, both of these member positions were selected by the Governor. However, the appointed horticulturist only served on the Board until the State Horticultural Society held its next meeting. At this meeting, the group was to elect a horticulturist to serve on the Board.[5]  Thus, following election by the State Horticultural Society, the practical cotton grower was the only member of the State Plant Board selected by the Governor at that time.

The 1917 Act provided that a vacancy to the positions of cotton grower and horticulturalist “caused by the death, removal or inability to act” was to be “filled in a like manner for the unexpired term.”[6] This means if either the cotton grower or horticulturalist positions were vacated before their terms end, the Governor would select a new person. However, if the Governor must select a new horticulturalist, that person would only serve until the State Horticultural Society elected a new horticulturalist at its next meeting.

1929: First Changes

The first amendments to the 1917 Act occurred in 1929,[7] where Board membership expanded to six members.[8]  The new additions to the Board included the Plant Pathologist of the State Agricultural Experiment Station, who would remain as a member for more than two decades, and a nurseryman.”[9]  The positions for Commissioner of Agriculture, Entomologist of the State Agricultural Experiment Station, and cotton grower remained unchanged. The horticulturist position remained on the Board, and continued to be filled by a horticulturist elected by the State Horticultural Society every two years. The position for the practical horticulturist remained, but due to the passage of time, the position depended only upon election by the State Horticultural Society.

Similar to the horticulturalist position, the first nurseryman member was to be appointed by the Governor, but thereafter elected to a two-year term by the State Nurseryman’s Association.[10] Like the Commissioner of Agriculture and Entomologist of the State Agricultural Experiment Station, the Plant Pathologist presumably served on the Board so long as that individual remained in that position.

In addition to expanding membership, there were also changes to the Board vacancy procedure. The 1929 amendments provided that vacancies to the positions of cotton grower, horticulturalist, and nurserymen caused by “death, removal, or inability to act . . . shall be filled by the Governor for the unexpired term.”[11]  Here, the language “filled in a like manner” was removed from the Act.

1931 – 1935:  Continued Expansion

The Act was amended again in 1931. The primary purpose for these amendments was to protect farmers from purchasing and planting harmful agricultural seeds. To advance this purpose, the legislature modified the Board composition by adding one new member position, bringing the total membership to seven. This new member is elected by the Arkansas Seed Growers’ Association to serve a two-year term.[12] The 1931 Act made no changes to the existing positions of the Board, but because two years had passed since the previous amendments to the Act, the nurseryman was now placed onto the Board solely by election of the State’s Nurseryman’s Association. Similar to the modification instituted in 1929, vacancies to the positions of horticulturalist, nurseryman, and representative of the Arkansas Seed Growers’ Association were to be filled by the Governor for the duration of the unexpired term.[13]

In 1935, the position for the Commissioner of Agriculture was removed from the Board.[14] To replace this position, the 1935 amendment added a new position to whomever served as President of the Arkansas State Plant Growers’ Association.[15]  Thus, the Board still comprised of seven members. This amendment made no changes to the other six positions on the Board, and the vacancy procedure remained unchanged.

1953 – 1955:  Rice Grower Added

The position for the President of the Arkansas State Plant Growers’ Association was removed in 1953.[16]  A new position was created for “a practical rice grower”, which remains in place through current law.[17]  Similar to the practical cotton grower position, this position was appointed by the Governor and was for a two-year duration.[18]  Likewise, the requirements for filling a vacancy for the positions of horticulturalist, nurseryman, and Arkansas Seed Growers’ Association representative remained unchanged.

Changes instituted in 1955 were relatively minor and did not change the overall composition of the State Plant Board.  Specifically, the titles were changed for the Entomologist of the State Agricultural Experiment Station and the Plant Pathologist for the State Agricultural Experiment Station.[19]  The new titles were “Head of the Department of Entomology, University of Arkansas College of Agriculture” and “Head of the Department of Plant Pathology, University of Arkansas College of Agriculture”, respectively.[20]

1961 – 1967:  Significant Changes

In 1961, significant amendments to Board membership were instituted.[21]  Four new members to the State Plant Board were added, bringing the total membership to eleven.  The four new positions include: (1) a representative of the Arkansas Fertilizer and Cotton Oil Mills; (2) a pest control operator elected by the Arkansas Pest Control Association; (3) a seed dealer elected by the Arkansas Seed Dealers Association, and (4) a feed manufacturer elected by Arkansas Feed Manufacturers Association. [22]  The Arkansas Fertilizer and Cotton Oil Mills representative is the only new position that is appointed by the Governor.[23]  To serve as one of these new members, each individual is required to be actively engaged in the business of their respected field.

Additionally, the 1961 amendments modified the language relating to filling Board vacancies. The new language states that Board members “shall serve a term of two (2) years, or until such time as a successor has been elected or appointed as herein provided.”[24]  This provision has not been changed since the 1961 amendments, and it is the current procedure for Board vacancies today.

In 1967, one additional member was added to the State Plant Board, bringing the total number of members to twelve.[25]  The new member must be a “pesticide manufacturer, actively engaged in the business. . .” and elected by the Arkansas Agricultural Pesticide Association.[26]  All other member positions, and their duration of service, remained the same under the 1967 amendments.

1971 – 1975: More Expansion

The thirteenth Board member was added in 1971, when the Act was amended to include a representative from the Arkansas Aviation Association.[27]  Similar to most other members, this representative is elected by the group, and serves on the Board for a two-year term.  The Arkansas Aviation Association still holds this member position on the Board through current law.

In 1975, three new members were added to the Board, expanding membership to a total of sixteen individuals. One of the new members is a representative of the Arkansas Forestry Association, elected by the group to serve two years.[28]  The other two additions are farmers “actively and principally engaged in farming.” The new farmer-members are appointed by the Governor, thereby bringing the total number of members selected by the Governor to four at that time.[29]

2013-2015
Two new members – one representative of the livestock industry and one representative of the forage industry – were added to the State Plant Board in 2013.[30] The addition of these two positions brings the Board to its current-day membership of eighteen individuals. The 2013 Act made no changes to the other positions on the Board.

While the legislature did not amend the Plant Act in 2015, the official version of the Arkansas Code contained a name change for one of the electing agricultural groups. The Arkansas Agricultural Pesticide Association changed its name to the Arkansas Crop Protection Association in 1996, but the statute did not reflect this change for almost twenty years. Presumably by a technical revision, which the authors have not yet been able to locate, revised the Code in 2015 to reflect the correct name of the association, which is through current law.

2019 to Present

Several changes to the Board composition were made in 2019.[31]  First, the positions for the Head of the Department of Entomology, University of Arkansas College of Agriculture and Head of the Department of Plant Pathology, University of Arkansas College of Agriculture were eliminated. These two positions were replaced with “two . . . nonvoting members designated by the Vice President for Agriculture of the University of Arkansas or his or her designee.”[32]

Next, the position reserved for a representative of the Arkansas Fertilizer and Cotton Mills was eliminated.  It was replaced with a representative of the Arkansas Plant Food Association, who is appointed by the Governor.[33]

Finally, the position representing the Arkansas Feed Manufacturers Association was eliminated.[34] That position was replaced with a new position for a representative of the Arkansas Bureau of Standards, appointed by the Arkansas Oil Marketers Association.[35]

Conclusion

The Arkansas State Plant Board has evolved considerably over the past century, beginning with less than a handful of members to where it stands today with nearly twenty members. To date, there is litigation before the Arkansas Supreme Court over the Board’s composition, as well as legislative proposals that would modify the composition of the Board and how those members are selected.  This article will be updated as warranted, but hopefully provides detailed historical context as policymakers and others consider the future structure and operation of the Board.

 

[1] Arkansas Plant Act of 1917, 1917 Ark. Acts 1904 (codified as amended at Ark. Code Ann. §§ 2-16-201 to -214).

[2] Id., § 3 (codified as amended at Ark. Code Ann. § 2-16-206).

[3] Id.

[4] The latter two positions have not been amended since 1917, remaining in current law unchanged for more than a century.

[5] Id.

[6] Id., § 3 (codified as amended at Ark. Code Ann. § 2-16-206(b)).

[7] Arkansas Plant Act of 1917, 1929 Ark. Acts 996 (codified as amended at Ark. Code Ann. §§ 2-16-201 to -214).

[8] Id., § 1 (codified as amended at Ark. Code Ann. § 2-16-206).

[9] Id. (codified as amended at Ark. Code Ann. § 2-16-206(a)(1)).

[10] Id.

[11] Id. (codified as amended at Ark. Code Ann. § 2-16-206(b)).

[12] Arkansas Plant Act of 1917, 1931 Ark. Acts 206, § 1 (codified as amended at Ark. Code Ann. § 2-16-206)

[13] Id. (codified as amended at Ark. Code Ann. § 2-16-206(b)).

[14]  In 1889, the Arkansas legislature established a new agency called the “Arkansas Bureau of Mines, Manufactures and Agriculture” to regulate these industries within the state. To head this department, the Commissioner of Mines, Manufactures and Agriculture position was created. In subsequent years, the state’s legislature began referring to the commissioner position as the “Commissioner of Agriculture.” Until the position’s abolishment in 1935, the legislature used both official and short titles when referring to the Commissioner. For example, the 1917 Act and the 1929 amendment used the Commissioner’s short title, but in the 1931 amendment to the Act, the legislature referred to the position using its official title. The Commissioner was removed from the Board because the position was completely eliminated in 1935.  (See 1993 Ark. Acts 153, § 1). Interestingly, once the Commissioner’s position was formally abolished, most of its powers and duties were given to the State Plant Board to perform. (See 1933 Ark. Acts 65, §2).

[15] Arkansas Plant Act of 1917, 1935 Ark. Acts 229, 230 (codified as amended at Ark. Code Ann. § 2-16-206).

[16] Arkansas Plant Act of 1917, 1953 Ark. Acts 1138, § 1.

[17] Id., § 1 (codified at Ark. Code Ann. § 2-16-206(a)(4)).

[18] Id.

[19] Arkansas Plant Act of 1917, 1955 Ark. Acts 528, § 1 (codified as amended at Ark. Code Ann. § 2-16-206(a)(1)).

[20] Id.

[21] Arkansas Plant Act of 1917, 1961 Ark. Acts 339 (codified as amended at Ark. Code Ann. §§ 2-16-201 to -214).

[22]  Id., § 1 (codified as amended at Ark. Code Ann. § 2-16-206).  In future amendments, the title would be changed slightly to “Arkansas fertilizer and cotton oil mills”.

[23] Id.

[24] Id. (codified at Ark. Code Ann. § 2-16-206(b).

[25] Arkansas Plant Act of 1917, § 1 (codified as amended at Ark. Code Ann. § 2-16-206).

[26] Id., § 1 (codified as amended at Ark. Code Ann. § 2-16-206(a)(11)).

[27] Arkansas Plant Act of 1917, § 1 (codified at Ark. Code Ann. § 2-16-206 (a)(12)).

[28] Id., § 1 (codified as amended at Ark. Code Ann. § 2-16-206(13)).

[29] Id.

[30] Arkansas Plant Act of 1917, 2013 Ark. Acts 591 (codified as amended at Ark. Code Ann. § 2-16-206(a)(15) and (16)).

[31] Arkansas Plant Act of 1917, 2019 Ark. Acts 1056 (codified at Ark. Code Ann. § 2-16-206(a)(1)).

[32] Id., § 1 (codified at Ark. Code Ann. § 2-16-206(a)(1)).

[33] Id., § 1 (codified at Ark. Code Ann. § 2-16-206(a)(3)).

[34] Id. (codified at Ark. Code Ann. § 2-16-206(a)(10)).

[35] Id.