Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 453 3
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By: Senator B. King 5
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For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING THE DEPARTMENT OF 9
AGRICULTURE; TO TRANSFER CERTAIN DUTIES TO THE 10
SECRETARY OF THE DEPARTMENT OF AGRICULTURE; TO AMEND 11
THE APPOINTMENT AND REAPPOINTMENT PROCESS OF THE 12
SECRETARY OF THE DEPARTMENT OF AGRICULTURE; TO 13
PROHIBIT CERTAIN POSITIONS WITHIN THE DEPARTMENT OF 14
AGRICULTURE FROM BEING FILLED AND TO ELIMINATE THOSE 15
POSITIONS; AND FOR OTHER PURPOSES. 16
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Subtitle 19
TO AMEND THE LAW CONCERNING THE 20
DEPARTMENT OF AGRICULTURE. 21
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
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SECTION 1. Arkansas Code § 2 -22-101(14), concerning the definition of 25
the State Apiarist related to the regulation of bees and apiaries, is amended 26
to read as follows: 27
(14) “State Apiarist” means the Director of the Division of Plant 28
Industries of the State Plant Board Secretary of the Department of 29
Agriculture. 30
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SECTION 2. Arkansas Code § 2 -33-104 is amended to read as follows: 32
2-33-104. Director Duties of the Secretary of the Department of 33
Agriculture. 34
(a)(1) The Director of the Arkansas Livestock and Poultry Commission 35
shall be appointed by the Governor and shall serve at the pleasure of the 36 SB453
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Governor. 1
(2) The director shall report to the Secretary of the Department 2
of Agriculture. 3
(b)(1) The secretary Secretary of the Department of Agriculture may 4
delegate to the director any of the powers or duties required to administer 5
the: 6
(A) Statutory duties of the Arkansas Livestock and Poultry 7
Commission; and 8
(B) Rules, orders, or directives promulgated or issued by 9
the commission. 10
(2) The director secretary may exercise the powers and duties 11
delegated to him or her under subdivision (b)(1) of under this section in the 12
name of the commission and of the Department of Agriculture. 13
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SECTION 3. Arkansas Code § 2 -40-206(a)(1)(B)(i), concerning the 16
authority of the Arkansas Livestock and Poultry Commission to promulgate an 17
emergency rule related to bovine disease if an emergency is determined, 18
amended to read as follows: 19
(B)(i) However, if the Director of the Arkansas Livestock 20
and Poultry Commission Secretary of the Department of Agriculture determines 21
there is an emergency, the Arkansas Livestock and Poultry Commission may 22
promulgate a rule to temporarily raise the fee set in subdivision (a)(1)(A) 23
of this section after receiving approval of the rule from the Legislative 24
Council or, if the General Assembly is in session, the Joint Budget 25
Committee. 26
27
SECTION 4. Arkansas Code § 15 -31-103(b), concerning the State 28
Forester's membership on the Arkansas Forestry Commission, is amended to read 29
as follows: 30
(b) The State Forester Secretary of the Department of Agriculture 31
provided for in § 15 -31-104 shall be an ex officio member of the Arkansas 32
Forestry Commission commission but shall have no vote on matters coming 33
before it. 34
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SECTION 5. Arkansas Code § 15 -31-104 is amended to read as follows: 36 SB453
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15-31-104. State Forester. 1
(a) The State Forester shall be appointed by the Governor, and shall 2
serve at the pleasure of the Governor. 3
(b) The State Forester shall report to the Secretary of the Department 4
of Agriculture Secretary of the Department of Agriculture shall act as the 5
State Forester. 6
(c)(1)(b)(1) The secretary may delegate to the State Forester any of 7
the powers or duties required to administer the: 8
(A) Statutory duties of the Arkansas Forestry Commission; 9
and 10
(B) Rules, orders, or directives promulgated or issued by 11
the commission. 12
(2) The State Forester secretary may exercise the powers and 13
duties delegated to him or her under subdivision (c)(1)(b)(1) of this section 14
in the name of the commission and the department Department of Agriculture . 15
(3) The commission may delegate to the department any of the 16
powers or duties vested in or imposed upon the commission by law, and these 17
delegated powers or duties may be exercised by the secretary or his or her 18
designee. 19
(d)(c) The State Forester secretary shall: 20
(1) Have earned at a minimum a bachelor's degree in forestry 21
from an accredited four -year program at an institution of higher education; 22
and 23
(2) Have not less than three (3) years' practical administrative 24
and field experience in forestry. 25
26
SECTION 6. Arkansas Code § 15 -31-116(b)(2), concerning liability 27
related to donated fire control or fire rescue equipment, is amended to read 28
as follows: 29
(2) The commission, the State Forester, the Department of 30
Agriculture, the Secretary of the Department of Agriculture, and other 31
officers and employees of the department are not liable in civil damages for 32
personal injury, property damage, or death resulting from a defect in 33
equipment sold, loaned, or otherwise made available in good faith by the 34
State Forester secretary under this section unless the act or omission of the 35
commission, the State Forester, the department, the secretary, or the officer 36 SB453
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or employee of the department proximately causing the claim, damage, or loss 1
constitutes malice, gross negligence, recklessness, or intentional 2
misconduct. 3
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SECTION 7. Arkansas Code § 15 -31-201 is amended to read as follows: 5
15-31-201. Administration. 6
The administration of the provisions of this subchapter shall be under 7
the direction of the State Forester Secretary of the Department of 8
Agriculture. 9
10
SECTION 8. The introductory language of Arkansas Code § 15 -31-202(b), 11
concerning the provision of technical assistance to a forest landowner, is 12
amended to read as follows: 13
(b) Upon receipt of a request from a forest landowner for technical 14
forestry assistance or service, the State Forester Secretary of the 15
Department of Agriculture or his or her authorized agent may: 16
17
SECTION 9. Arkansas Code § 15 -31-203 is amended to read as follows: 18
15-31-203. Payment for services — Free services. 19
(a) For designating, measuring, or estimating services, the landowner 20
or his or her agent, upon presentation of a statement, shall pay to the State 21
Forester Secretary of the Department of Agriculture , within thirty (30) days 22
of receipt of the statement, an amount not to exceed five percent (5%) of the 23
sale price or fair market value of the stumpage so designated and measured or 24
estimated. 25
(b) However, for the purpose of further encouraging the use of 26
approved scientific forestry principles on the private forest lands of this 27
state and to permit explanation of the application of principles, the State 28
Forester secretary, where he or she deems it advisable, may designate and 29
measure or estimate without charge the trees of a forest landowner on an area 30
not in excess of eighty (80) acres. 31
32
SECTION 10. Arkansas Code § 15 -31-205 is amended to read as follows: 33
15-31-205. Disposition of revenues. 34
All moneys collected under the provisions of this subchapter shall be 35
deposited with the State Forester Secretary of the Department of Agriculture 36 SB453
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and shall be used by him or her in carrying out the provisions of this 1
subchapter. 2
3
SECTION 11. Arkansas Code § 15 -33-102 is amended to read as follows: 4
15-33-102. State Forester Secretary of the Department of Agriculture as 5
compact administrator. 6
The State Forester Secretary of the Department of Agriculture is 7
designated as the South Central Interstate Forest Fire Protection Compact 8
administrator for this state and shall consult with like officials of the 9
other member states and shall implement cooperation between member states in 10
forest fire prevention and control. 11
12
SECTION 12. Arkansas Code § 15 -57-315(8)(A), concerning authorization 13
for the Division of Environmental Quality's approval of an operator of an 14
open-cut mine's reclamation plan to be based on advice and technical 15
assistance from certain stakeholders, is amended to read as follows: 16
(8)(A) The division's approval of the operator's reclamation 17
plan may be based upon the advice and technical assistance of the Arkansas 18
Natural Resources Commission, the Arkansas State Game and Fish Commission, 19
the State Forester Secretary of the Department of Agriculture , the Office of 20
the State Geologist, and other agencies or persons having experience in 21
foresting and reclaiming open -cut mined lands with forest or agronomic or 22
horticultural species, based upon scientific knowledge from research into 23
reclaiming and utilizing forest and agronomic species on open -cut mined 24
lands. 25
26
SECTION 13. Arkansas Code § 25 -38-202(b)(2), concerning the 27
appointment of the Secretary of the Department of Agriculture, is amended to 28
read as follows: 29
(2)(A)(i) The secretary shall be selected by the Governor and 30
confirmed by the Senate. 31
(ii) A committee composed of members of the Senate 32
whose districts have agriculture as the primary industry as determined by the 33
Governor first shall confirm an individual selected as secretary before the 34
individual selected as secretary is confirmed by the Senate. 35
(B)(i) The secretary shall serve at the pleasure of the 36 SB453
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Governor. 1
(ii) The reappointment of the secretary shall follow 2
the process provided under subdivision (b)(2)(A) of this section. 3
4
SECTION 14. DO NOT CODIFY. Elimination of positions. 5
(a) The General Assembly intends with this act for the following 6
positions at the Department of Agriculture and its divisions to be eliminated 7
and not be filled: 8
(1) Deputy Secretary of the Department of Agriculture, position 9
number 22133710, authorized job U072U, authorized grade SE02; 10
(2) Laboratory Director of the Department of Agriculture, 11
position number 22142797, authorized job U057U, authorized grade SE01; 12
(3) Director of the Arkansas Livestock and Poultry Commission, 13
position number 22177528, authorized job U048U, authorized grade SE01; 14
(4) Director of the Natural Resources Division, position number 15
22087699, authorized job U043U, authorized grade SE01; 16
(5) Director of the Plant Industry Division, position number 17
22088003, authorized job U044U, authorized grade SE01; 18
(6) State Forester, position number 22088666, authorized job 19
U003U, authorized grade SE01; and 20
(7) General Counsel of the Department of Agriculture, position 21
number 22181808, authorized job G345C, authorized grade GS15. 22
(b) To the extent a position listed in subdivision (a)(1) of this 23
section is filled at the effective date of this act, the individual filling 24
the position shall be terminated, and the position shall not be filled 25
following the termination. 26
(c) To the extent that an appropriation bill or a substantive bill 27
enacted by the General Assembly conflicts with this bill draft regarding the 28
positions identified in subsection (a) of this section, this bill draft shall 29
supersede the other bill draft as it relates to the positions identified in 30
subsection (a) of this section. 31
32
SECTION 15. DO NOT CODIFY. Reappointment of the Secretary of the 33
Department of Agriculture. 34
The Secretary of the Department of Agriculture who is in the position 35
at the effective date of this act shall be reappointed, including without 36 SB453
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limitation by submittal to the Senate for confirmation under Section 13 of 1
this act within thirty (30) days of the effective date of this act. 2
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